National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)RegulationsWaste Exclusion Regulations, 2018Chapter 2 : Application for Exclusion of a Waste Stream or a Portion of a Waste Stream from the Definition of Waste11. Review, withdrawal and amendment of exclusion of a waste stream or a portion of a waste stream from the definition of waste |
| (1) | The Minister, where on reasonable grounds believes that a waste stream or a portion of a waste stream excluded from the definition of waste poses a threat to health, wellbeing, and environment, may— |
| (a) | review any exclusion of a waste stream or a portion of a waste stream from the definition of waste granted in terms of these Regulations; and |
| (b) | amend the exclusion of a waste stream, or portion of a waste stream from the definition of waste; or |
| (c) | withdraw such exclusion of a waste stream or a portion of a waste stream from the definition of waste. |
| (2) | Before amending or withdrawing any exclusion of a waste stream or a portion of a waste stream from the definition of waste, the Minister must give the person contemplated in regulation 4 of these Regulations an opportunity to comment, in writing, on the reasons for the amendment or withdrawal. |
| (3) | The Minister must, before taking a decision to amend or withdraw the exclusion of a waste stream or a portion of a waste stream from the definition of waste, follow a consultative process as contemplated in sections 72 and 73 of the Act. |
| (4) | The Minister must, after taking a decision to amend or withdraw the exclusion of a waste stream or a portion of a waste stream from the definition of waste, publish such a decision in the Government Gazette for general information. |