Key Benefits:
14. Registration of waste disposal sites
(1) The provisions of this section shall come into effect 12 months after the coming into operation of this Act.
(2) Subject to subsection (6) no person shall operate a waste disposal site unless the waste disposal site is registered under this section.
(3) An application for registration in terms of subsection (2) shall be in the prescribed form and shall contain information relating to-
(a) the type, volume, mix and constituents of the waste that is expected to be managed in the course of business annually;
(b) the type, make and registration number of the vehicles and equipment which are to be used to carry and treat the different kinds of waste; and
(c) the number, position and qualifications of the persons to be employed thereto.
(4) The Director shall issue a waste disposal site registration certificate to every person who registers or is exempted from registering a waste disposal site, which certificate shall be prima facie evidence of registration or of exemption from registration of the waste disposal site as the case may be.
(5) Any person aggrieved by the refusal of the Director to register the waste disposal site may, within 28 days from the date of such refusal, appeal against the refusal to the Minister:
Provided that any person carrying on the business of waste disposal before the commencement of this Act, may continue in such business pending the decision of the Minister.
(6) The Minister may, by order, exempt any waste disposal site from being registered under this Act.
(7) A person managing a waste disposal site shall, when requested by a police officer or an authorised officer, produce for inspection, a registration certificate issued under subsection (4).
(8) Any person who contravenes any of the provisions of this section, shall be guilty of an offence and be liable to a fine not exceeding P300 or to imprisonment for a term not exceeding two months or to both.
15. Unlicenced waste management facility prohibited
(1) The provisions of this section shall come into effect 18 months after the coming into operation of this Act.
(2) Subject to section 24, no person shall manage controlled waste, on or upon any land or other premises, without a waste management facility licence issued under section 16.
16. Licensing of waste management facility
(1) An application for a waste management facility licence shall be made in the prescribed form.
(2) A waste management facility, for which a planning permission is required in pursuance of the Town and Country Planning Act, shall not be licensed under this Part unless such permission is in force.
(3) The Director shall grant a waste management facility licence if he is satisfied that-
(a) the applicant is a fit and proper person in terms of section 8; and
(b) the waste management facility will not cause pollution of the environment or harm to human, animal or plant life.
(4) Subject to the conditions specified in the waste management facility licence, it shall remain in force until such time as it is surrendered in accordance with the provisions of section 23.
(5) The renewal of the waste management facility licence may be granted by the Director upon payment of a prescribed fee and shall be valid for such period as may be specified therein.
17. Consultation
The Director shall consult the Department of Water Affairs or any other relevant Department before deciding on the merits of each application under this Part.
18. Conditions of waste management facility licence
(1) A waste management facility licence may include such conditions as the Director sees fit to specify therein or as may be prescribed and without prejudice to the generality of the foregoing, any such conditions may relate to-
(a) the supervision of activities to which the waste management facility licence relates;
(b) the precautions to be taken and works to be carried out in connection with the land or plant before the activities authorised by the waste management facility licence are begun or after such activities have ceased; or
(c) where waste other than controlled waste is to be kept, treated or disposed of, to the keeping, treatment or disposal of that other waste.
(2) The conditions may require-
(a) the licensee to carry out such other works notwithstanding that he is not required to carry out such works under any law; or
(b) the licensee to meet the terms of a lease of land to be used for the waste management facility, if any, or such other lawful stipulations attached to the use of the land necessary to enable him to comply with any requirements imposed on him by the waste management facility licence.
19. Variation of conditions
While a waste management facility licence issued by the Director is in force, the Director may-
(a) on his own initiative, supported by sound technical justification, serve a notice on the licensee modifying the conditions specified in the waste management facility licence to any extent which in the opinion of the Director is desirable and is unlikely to require unreasonable expenditure by the licensee; or
(b) on the application by the licensee, serve a notice on the licensee modifying the said conditions to the extent requested in the application.
20. Transfer of waste management facility licence
(1) Without the approval of the Director, a transfer of a waste management facility licence shall be of no effect.
(2) An application to the Director for a transfer of a waste management facility licence shall be made in such form and include such information as may be prescribed.
(3) If, on such application, the Director is satisfied that the transferee is a fit and proper person and meets the requirements of the Act, the Director shall effect the transfer of the waste management facility licence to the transferee.
(4) The Director shall effect a transfer of a waste management facility licence by endorsing it with the name and other particulars of the transferee as the licensee from the date specified in the endorsement.
(5) Where the Director rejects any application made under this section, he shall communicate his rejection to the applicant in writing.
21. Suspension of waste management facility licence
(1) The Director may suspend a waste management facility licence if-
(a) the continuation of operations of the waste management facility would cause serious pollution or harm to human, animal or plant life;
(b) the licensee fails to comply with a notice issued under section 19 which requires a condition to be complied with; or
(c) the operator or licensee of the waste management facility contravenes the conditions of the licence.
(2) Upon the suspension of a licence in terms of subsection (1),-
(a) operations of the waste management facility shall forthwith cease; and
(b) the Director may require the licensee to comply with such directives as he may, in writing, specify, within a stated period.
(3) The Director may lift a suspension where he is satisfied that his directives under subsection (2) have been complied with.
22. Revocation of waste management facility licence
(1) Where a waste management facility licence issued under this Part is in force, the Director may revoke it if it can be shown that-
(a) the continuation of operations to which the waste management facility licence relates would-
(i) cause pollution of the environment or harm to human, animal or plant life, and the pollution, danger or detriment that may result cannot be avoided by modifying the conditions specified in the waste management facility licence; or
(ii) be so seriously detrimental to the amenities of the locality affected by such operations that the continuation of them ought not to be permitted;
(b) the licensee has failed to comply with the directions of the Director issued under section 21(2); or
(c) the licensee is convicted under this Act.
(2) Where the Director decides to revoke a waste management facility licence, he shall serve a notice on the licensee and the notice served shall state the date and time at which the revocation in question is to take effect.
(3) The revocation of the waste management facility licence shall have the effect of ceasing activities specified in the licence but shall not affect the requirements or conditions imposed thereunder which are to continue to bind the licensee.
23. Surrender of waste management facility licence
(1) Subject to any condition on the waste management facility licence, the licensee may surrender the waste management facility licence by-
(a) giving notice to the Director of his intention to do so;
(b) applying to the Director to obtain a certificate of surrender; and
(c) complying with such conditions as the Director may determine.
(2) Where the application is in respect of a surrender of a portion of an area of a waste management facility covered by the waste management facility licence, the licensee shall-
(a) specify the particular portion of the area of the waste management facility, covered by the licence, to be surrendered; and
(b) if the application is approved, demarcate the area of the waste management facility in the prescribed manner.
(3) The surrender of any part of a waste management facility covered by the licence shall not be effective until the Director has-
(a) consulted the Department of Water Affairs; and
(b) issued a certificate of surrender in respect of that waste management facility.
(4) A surrender shall be without prejudice to any liabilities or obligations incurred by the licensee in relation to that waste management facility prior to the date of surrender and shall be subject to the licence holder's responsibility to ensure that there is no pollution for a minimum period of 30 years after the date of surrender.
(5) On the issue of a certificate of surrender the Director shall-
(a) cancel such waste management facility licence, where the surrender is in respect of a waste management facility; or
(b) amend the waste management facility licence, where the surrender is in respect of a portion of a waste management facility.
24. Exemption from holding licence
A person managing controlled waste may, by notice published in the Gazette, be exempted from holding a waste management facility licence if-
(a) the deposits of controlled waste being managed are small, innocuous or of a temporary nature;
(b) adequate controls are provided under any other enactment; or
(c) the person meets such other requirements as the Minister may prescribe.
25. Public Register of issued waste management facility licences
(1) The Director shall-
(a) maintain a register containing prescribed particulars of issued waste management facility licences which are in force;
(b) secure that the register is open for inspection at its principal office by members of the public free of charge at all reasonable hours; and
(c) afford a member of the public reasonable facilities for obtaining from him on payment of reasonable charges copies of entries in the register.
26. Closure of facility by order of Minister
The Minister may by Order direct the closure of any waste management facility on the grounds of risk of pollution of the environment or harm to human, animal or plant life.
Any person aggrieved by a decision under this Part may, within thirty days of such decision, appeal against such decision to the Minister or to the court on a matter of law.
(1) Any person who contravenes any of the provision of this Part shall be guilty of an offence and liable to a fine not exceeding P8 000 or to imprisonment for a term not exceeding seven years.
(2) It shall be a defence for a person charged with an offence under this Part to prove that he-
(a) took care to inform himself from persons who were in a position to provide information and to verify such information, as to whether the management of waste to which the charge relates would be in contravention of this Part;
(b) acted under instructions from his employer and did not know that the keeping, treating or disposal of waste was in contravention of this Part;
(c) took all such steps as were reasonably open to him to ensure that the conditions of the waste management facility licence were complied with; or
(d) performed the acts specified in the charge in an emergency in order to avoid danger to the public and that as soon as practicable they were reported to the local authority.
