National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)

Chapter 5 : Licensing of Waste Management Activities

48. Factors to be taken into account by licensing authority

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When considering an application for a waste management licence, the licensing authority must take into account all relevant matters, including—

(a)the need for, and desirability of, the waste management activity and alternatives considered, including similar waste management activities, if any, that have already been licensed;
(b)the pollution caused or likely to be caused by the activity that is the subject of the application, whether alone or together with existing operations or pollution and the effect or likely effect of that pollution on the environment, including health, social conditions, economic conditions and cultural heritage;
(c)the best practicable environmental options available and alternatives that could be taken—
(i)to prevent, control, abate or mitigate pollution; and
(ii)to protect the environment, including health, social conditions, economic conditions and cultural heritage from harm as a result of the undertaking of the waste management activity;
(d)any increased health and environmental risks that may arise as a result of the location where the waste management activity will be undertaken;
(e)any reasons for a decision made in terms of regulations issued under section 24 of the National Environmental Management Act;
(f)whether the applicant is a fit and proper person as contemplated in section 59;
(g)the applicant's submissions;
(h)any submissions received from organs of state, interested persons and the public; and
(i)any guidelines the licensing authority may wish to issue relevant to the application.