National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)Chapter 7 : Compliance and Enforcement66. Waste impact reports |
| (1) | An environmental management inspector appointed in terms of the National Environmental Management Act may, in writing, require any person to submit a waste impact report in a specified form and within a specified period to the environmental management inspector if the environmental management inspector on reasonable grounds suspects that such person has on one or more occasions contravened or failed to comply with this Act or any conditions of a waste management licence or exemption and that the contravention or failure has had or is likely to have a detrimental effect on health or the environment, including social conditions, economic conditions, ecological conditions or cultural heritage, or has contributed to the degradation of the environment. |
| (2) | A waste management officer may, in writing, require any person to submit a waste impact report in a specified form and within a specified period to the waste management officer if a review of a waste management licence is undertaken in terms of section 53. |
| (3) | An environmental management inspector or waste management officer must stipulate the documentation and information that should be included in a report submitted in terms of subsection (1) or (2). |
| (4) | Before making a request in terms of subsection (1) an environmental management inspector must afford the person to whom the request is to be made an opportunity to show cause why a waste impact report should not be required. |
| (5) | A waste management officer may indicate that a waste impact report to be submitted in terms of subsection (1) or (2) must be compiled by an independent person. |
| (6) | The costs incurred in compiling a waste impact report, including any costs of an independent person, are the liability of the person required to submit the report. |
| (7) | If the person who is required lo submit a waste impact report in terms of subsection (1) or (2) fails to submit the report within the specified period, the waste management officer may— |
| (a) | appoint an independent person to compile the report; and |
| (b) | recover the cost of compiling the report from the person required to submit the report. |