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

Chapter 7 : Compliance and Enforcement

67. Offences
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(1)A person commits an offence if that person—
(a)contravenes or fails to comply with a provision of section 15, 16(1)(c),(d),(e) or (f), 20, 26(1), or any order under section 38(2) or (3) or a notice under section 17(2) or 18(1);

[Section 67(1)(a) substituted by section 75(a) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023

(b)contravenes or fails to comply with a provision of section 21, 22(1), 24, 27(2), 36(5) or 40(1);
(c)fails to submit or to prepare an industry waste management plan when required to do so in terms of section 28;
(d)contravenes or fails to comply with an industry waste management plan;
(e)contravenes or fails to comply with a waste management measure specified in terms of section 14(4) or 33(1);
(f)contravenes or fails to comply with a norm or standard established in terms of this Act;
(fA)contravenes any provision in the norm or standard contemplated in paragraph (f), in which such contravention is identified as an offence, and in such case paragraph (f) does not apply;

[Section 67(1)(fA) inserted by section 75(b) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023

(g)fails to conduct a site assessment or to submit a site assessment report in terms of section 37(1);
(h)contravenes or fails to comply with a condition or requirement of a waste management licence or an integrated licence contemplated in section 44;
(i)fails to submit a waste impact report required in terms of section 66(1) or (2);
(j)contravenes or fails to comply with a condition subject to which exemption from a provision of this Act was granted in terms of section 76(3)(c);
(k)knowingly supplies false or misleading information in any application made in terms of this Act;
(l)knowingly supplies false or misleading information to a waste management officer or environmental management inspector for the purpose of this Act;
(m)fails to provide the information contemplated in section 29(5) or 63(4).

 

(2)A person who is in control of a vehicle, or in a position to control the use of a vehicle, that is used to transport waste for the purpose of offloading that waste, is guilty of an offence if that person—
(a)fails to take all reasonable steps to prevent spillage of waste or littering from the vehicle;
(b)intentionally or negligently cause spillage or littering from the vehicle;
(c)dispose of waste at a facility which is not authorised to accept such waste;
(d)fails to ensure that waste is disposed of at a facility that is authorised to accept such waste; or
(e)fails to comply with any duty set out in section 25(4).