National Environmental Management: Waste Act 59 of 2008


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 525 Cape Town 10 March 2009 No. 32000
THE PRESIDENCY No. 278 10 March 2009
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 59 of 2008: National Environmental Management: Waste Act, 2008.

2 No. 32000
Act No. 59, 2008
GOVERNMENT GAZETTE, 10 MARCH 2009
NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008
(English text signed by the President.) (Assented to 6 March 2009.)
ACT To reform the law regulating waste m a n a g e m e n t in order to protect health and the environment by providing reasonable measures for the prevent ion of pollution and ecological degradat ion and for securing ecologically sustainable deve lopment ; to provide for institutional arrangements and planning matters ; to provide for national norms and s tandards for regulating the m a n a g e m e n t of waste by all spheres of government ; to provide for specific waste m a n a g e m e n t measures ; to provide for the l icensing and control of waste m a n a g e m e n t activit ies; to provide for the remediat ion of contaminated land; to provide for the national waste information system; to provide for compl iance and enforcement; and to provide for matters connected therewith.
P R E A M B L E
W H E R E A S everyone has the consti tutional right to have an envi ronment that is not harmful to his or her health and to have the environment protected for the benefit of present and future generat ions through reasonable legislative and other measures tha t—
(a) prevent pollution and ecological degradat ion; (h) promote conservat ion: and (c) secure ecologically sustainable development and use of natural resources
while promot ing justifiable economic and social deve lopment ;
A N D W H E R E A S waste management practices in many areas of the Republic are not conducive to a healthy envi ronment and the impact of improper waste management practices are often borne disproport ionately by the poor;
A N D W H E R E A S poor waste management practices can have an adverse impact both locally and globally;
A N D W H E R E A S sustainable deve lopment requires that ihe generat ion of waste is avoided, or where it cannot be avoided, that it is reduced, re-used, recycled or recovered and only as a last resort treated and safely disposed of:
A N D W H E R E A S the minimisat ion of pollution and the use of natural resources through vigorous control , c leaner technologies , c leaner production and consumpt ion practices, and waste minimisat ion are key to ensuring that the envi ronment is protected from the impact of waste :
A N D W H E R E A S waste under certain c i rcumstances is a resource and offers economic opportunit ies;
4 No. 32000 GOVERNMENT GAZETTE. 10 MARCH 2009
Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008
A N D W H E R E A S wasie and management practices relating to waste are matters that— • require national legislation to maintain essential national s tandards; • in order to be dealt with effectively, require uniform norms and standards that
apply throughout the Republ ic : and • in order to promote and give effect to the right to an envi ronment that is not
harmful to health and well-being, have to apply uniformly throughout the Republ ic : and
• require strategies, norms and standards which seek to ensure best waste pract ices within a system of co-operat ive governance .
BE IT T H E R E F O R E E N A C T E D by the Parl iament of the Republ ic of South Africa, as fol lows:— T A B L E O F C O N T E N T S
C H A P T E R 1
I N T E R P R E T A T I O N A N D P R I N C I P L E S 5
1. Definitions 2. Objects of Act 3 . General duty of Slate 4. Application of Act 5. Application of National Environmental Managemen t Act 10
C H A P T E R 2
N A T I O N A L W A S T E M A N A G E M E N T S T R A T E G Y , N O R M S A N D S T A N D A R D S
Part 1
National waste management strategy 15
6. Establishment of national waste management strategy
Part! National norms and standards, provincial norms and standards and waste service
standards
7. National norms and standards 20 8. Provincial norms and standards
9. Waste service s tandards
C H A P T E R 3
I N S T I T U T I O N A L A N D P L A N N I N G M A T T E R S
10. Designation of waste management officers 25
11. Certain organs of slate to prepare integrated waste management plans 12. Contents of integrated waste management plans 13. Report ing on implementat ion of integrated waste management plans
6 No. 32000 GOVERNMENT GAZETTE. 10 MARCH 2009
A d No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT:
WASTE ACT. 2008
C H A P T E R 4
W A S T E M A N A G E M E N T M E A S U R E S Part 1
Priority wastes
14. Declaration of priority wastes 15. Consequences of declaration of priority wastes
Part 2 General duty
16. General duty in respect of waste management
Part 3 Reduction, re-use, recycling and recovery of waste
17. Reduct ion, re-use, recycling and recovery of waste 1 8. Extended producer responsibility
Part 4 Waste management activities 15
19. Listed waste management activities 20. Consequences of listing waste management activities
Part 5 Storage, collection and transportation of waste
2 1 . General requirements for storage of waste 20 22 . Storage of general waste 23 . Waste collection services 24. Collect ion of waste 25. Dut ies of persons transporting waste
Part 6 25 Treatment, processing and disposal of waste
26. Prohibition of unauthorised disposal 27. Littering
Part 7 Industry waste management plans 30
28 29 30 31 32 33 34
Preparation of industry waste management plans by certain persons Preparation of industry waste management plans by organs of state Contents of industry waste management plans Notification of industry waste management plans Considerat ion of industry waste management plans 35 Specification of measures to be taken Review of industry waste management plans
Part 8 Contaminated land
35. Applicat ion of this Part 40 .36. Identification and notilication of investigation areas 37. Consequences of identification and notilication of investigation areas 38. Considerat ion of site assessment reports 39. Orders to remediate contaminated land
8 No. 32000 GOVERNMENT GAZETTE, 10 MARCH 2009
Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008
40 . Transfer of remediat ion sites 4 1 . Contaminated land register
Part 9 Other measures
42. Recognit ion p rog rammes 5
C H A P T E R 5
L I C E N S I N G O F W A S T E M A N A G E M E N T A C T I V I T I E S
4 3 . Licensing authority 44. Co-operat ive governance in waste management licence applicat ions 45 . Applicat ion for waste management licences 10 46. Appointment of persons to manage waste management l icence applicat ions 47 . Procedure for waste management licence applications 48 . Factors to be taken into account by licensing authorit ies 49 . Decision of l icensing authorit ies on waste management l icence applicat ions 50. Issuing of waste management l icences 15 5 1 . Contents of waste management licences 52. Transfer of waste management licences 5 3 . Review of waste management licences 54. Variation of waste management licences 55 . Renewal of waste management licences 20 56. Revocat ion and suspension of waste management licences 57 . Surrender of waste management licences 58. Waste management control officers
59. Criteria for fit and proper persons
C H A P T E R 6 25
W A S T E I N F O R M A T I O N
60. Establ ishment of national waste information system
6 1 . Object ives of national waste information system 62. Establ ishment of provincial waste information sys tems 63 . Provision of information 30
64. Access to information
C H A P T E R 7
C O M P L I A N C E A N D E N F O R C E M E N T
65. Compl iance powers of Minister of Water Affairs and Forestry
66. Waste impact reports 35 67 . Offences 68 . Penalties
C H A P T E R 8
G E N E R A L M A T T E R S
Part 1 40 Regulations
69. 70. 7 1 .
Regulat ions by Minister Regulat ions by M E C s General regulatory powers
10 No. 12000 GOVERNMENT GAZETTE, 10 MARCH 2009
Ac( No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 200H
Part 2 Consultative process
72. Consultat ion 73 . Public participation
Part 3 5 Exemptions and appeals
74. Applicat ions for exempt ion 75 . Considerat ion of applicat ions for exempt ion 76. Decisions on applications for exempt ion 77 . Review and transfer of exempt ions 10
78 . Appeals
C H A P T E R 9
M I S C E L L A N E O U S
79. Delegation and assignment 80. Repeal and amendment of laws, and savings 15 8 1 . Transitional provisions in respect of permits issued in terms of Environment
Conservat ion Act 82. Transitional provision regarding listed waste management activities 83 . Act regarded as specific environmental management Act 84. Short title and commencement 20
S C H E D U L E S
1. Waste management activities in respect of which a waste management l icence is required
2. Laws repealed or amended
C H A P T E R 1 25
I N T E R P R E T A T I O N A N D P R I N C I P L E S
Definitions
1. In this Act, unless the context indicates o the rwi se— "acceptable exposure" means the exposure of the max imum permissible concentrat ion of a substance to the envi ronment that will have a minimal negative 30 effect on health or the environment ; "associated structures and infrastructure", when referred to in Schedule 1, means any building or infrastructure that is necessary for the functioning of a facility or waste management activity or that is used for an ancillary service or use from the facility; 35 "best practicable environmental opt ion" means the option that provides the most benefit or causes the least damage to the envi ronment as a whole , at a cost acceptable to society, in the long term as well as in the short term; "building and demoli t ion w a s t e " means waste , excluding hazardous waste , produced during the construction, alteration, repair or demoli t ion of any structure, 40 and includes rubble, earth, rock and wood displaced during that construct ion, alteration, repair or demoli t ion; "business waste" means waste that emanates from premises that are used wholly or mainly for commercia l , retail, wholesale , enter tainment or government administration purposes; 45 "by-product" means a substance that is produced as part of a process that is primarily intended to produce another substance or product and that has the characteristics of an equivalent virgin product or material ; "clean product ion" means the cont inuous application of integrated preventative environmental strategies to processes, products and services to increase overall 50 efficiency and to reduce the impact of such processes , procedures and services on health and the environment ;
No. 32000 GOVERNMENT GAZETTE, 10 MARCH 2009
Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008
" c o m m e n c e " means ihe start of any physical activity, including site preparation or any other activity on the site in furtherance of" a waste management activity, but does not include any activity required for investigation or feasibility study purposes as long as such investigation or feasibility study does not consti tute a waste management activity: "Const i tu t ion" means the Consti tution of the Republic of South Africa, 1996; "conta iner" means a disposable or re-usable vessel in which waste is placed for the purposes of storing, accumulat ing, handling, transporting, treating or disposing of that waste , and includes bins, bin-liners and skips; "contaminated" , in relation to Part 8 of Chapter 4, means the presence in or under any land, site, buildings or structures of a substance or micro-organism above the concentrat ion that is normally present in or under that land, which substance or micro-organism directly or indirectly affects or may affect the quality of soil or the environment adversely; "decommiss ion ing" , in relation to waste treatment, waste transfer or waste disposal facilities, means the planning for and management and remediat ion of the closure of a facility that is in operation or that no longer opera tes ; " D e p a r t m e n t " means ihe Department of Environmental Affairs and Tour ism; "disposa l" means the burial, deposit , discharge, abandoning, dumping , placing or release of any waste into, or onto, any land; "domest ic w a s t e " means waste, excluding hazardous waste, that emana tes from premises that are used wholly or mainly for residential , educat ional , health care, sport or recreation purposes; "env ironment" has the meaning assigned to it in section 1 of" the National Environmental Management Act; "Environment Conservat ion A c t " means the Envi ronment Conservat ion Act, 1989 (Act No, 73 of 1989); "environmental ly sound m a n a g e m e n t " means the taking of all pract icable steps to ensure that waste is managed in a manner that will protect health and the envi ronment ; "export" means to take or send waste from the Republ ic to another country or territory; "extended producer responsibility m e a s u r e s " means measures that extend a person 's financial or physical responsibility for a product to the pos t -consumer stage of the product, and inc ludes— (a) waste minimisat ion programmes; (b) financial arrangements for any fund that has been established to promote the
reduction, re-use. recycling and recovery of waste; (c) awareness p rogrammes to inform the public of the impacts of waste
emanat ing from the product on health and the envi ronment : and id) any other measures to reduce the potential impact of the product on health and
the environment ; "Gazette", when used in relation t o — (a) the Minister, means the Government Gazette; and (b) the M E C , means the Provincial Gazette of the province concerned; "general w a s t e " means waste that does not pose an immediate hazard or threat to health or to the environment , and inc ludes— (a) domest ic wasie; (b) building and demoli t ion waste; (c) business waste: and (d) inert waste; "hazardous w a s t e " means any waste that contains organic or inorganic e lements or compounds that may, owing to the inherent physical , chemical or toxicological
14 No. 32000 GOVERNMENT GA/KTTE. 10 MARCH 2009
Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008
characteristics of that waste, have a detrimental impact on health and the environment ; "high-risk act iv i ty" means an undertaking, including processes involving substances that present a l ikelihood of harm to health or the envi ronment ; "holder of w a s t e " means any person who imports , generates , stores, accumula tes , 5 transports, processes, treats, or exports waste or disposes of waste; " i m p o r t " means any entry into the Republic other than entry for transit; "inc inerat ion" means any method, technique or process to convert waste to Hue gases and residues by means of oxidation; "industry" includes commercia l activities, commercia l agricultural activities, 10 mining activities and the operation of power stat ions; "industry waste m a n a g e m e n t p l a n " means a plan referred to in Part 7 of Chapter 4; "inert w a s t e " means waste that— (a) does not undergo any significant physical , chemical or biological t rans lbrma- 15
lion after disposal ; (b) does not burn, react physically or chemical ly b iodegrade or otherwise
adversely affect any olher matter or environment with which it may come into contact; and
(c) does not impact negatively on the environment , because of its pollutant 20 content and because the toxicity of its leachate is insignilicant;
"integrated waste m a n a g e m e n t p l a n " means a plan prepared in terms of section 12; "investigation a r e a " means an area identified as such in terms of section 37; "licensing authori ty" means an authority referred to in section 43 and that is 25 responsible for implement ing the licensing system provided for in Chapter 5; "life cycle assessment" means a process where the potential environmental effects or impacts of a product or service throughout the life of that product or service is being evaluated; " M E C " means the Member of the Execut ive Council of a province w h o is 30 responsible for waste management in the province; "minimisat ion", when used in relation to waste, means the avoidance of the amount and toxicity of waste that is generated and. in the event where waste is generated, the reduction of the amount and toxicity of waste that is disposed of; "Mini s t er" means the Minister of Environmental Affairs and Tourism; 35 "munic ipal i ty" means a municipali ty established in terms of the Local Govern­ ment: Municipal Structures Act, 1998 (Act No. 117 of 1998): "Munic ipal Systems A c t " means the Local Government : Municipal Sys tems Act, 2000 (Act No. .32 of 2000); "National Environmental M a n a g e m e n t A c t " means the National Envi ronmen- 40 tal Management Act, 1998 (Act No. 107 of 1998); "non-substant ive", in relation to the amendment or substitution of a regulat ion, notice, strategy, l icence, approval , or provision thereof, inc ludes— (a) any clerical mistake, unintentional error or omission; (b) the correction of any miscalculated figure; and 45 (c) the correction of any incorrect description of any person, thing, property or
waste management activity; "organ of s tate" has the meaning assigned to it in section 239 of the Const i tu t ion; "person" has the meaning assigned to it in the Interpretation Act, 1957 (Act No. 33 of 1957), and includes an organ of state; 50 "pol lut ion" has the meaning assigned to it in section I of the National Environmental Management Act; "prescr ibe" means prescribe by regulation under this Act; "priority was te" means a waste declared to be a priority waste in terms of section 14; 55 "recovery" means the controlled extraction of a material or the retrieval of energy from waste to produce a product:
16 No. 32000 GOVERNMENT GAZETTE, 10 MARCH 2009
Acl No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008
"recyc le" means a process where waste is reclaimed for further use, which process involves the separation of waste from a waste stream for further use and the processing of that separated material as a product or raw material ; "re-use" means to utilise articles from the waste stream again for a similar or diflereni purpose without changing the form or properties of the articles; 5 "specific environmenta l m a n a g e m e n t A c t " has the meaning assigned to it in section I of the National Environmental Management Act; "storage" means the accumulat ion of waste in a manner that does not consti tute treatment or disposal of that waste; "sustainable deve lopment" has the meaning assigned to it in section I of ihe 10 National Environmenta l Management Act; "this A c t " inc ludes— (a) any regulat ions made in terms of this Act; (b) any notice or other subordinate legislation issued or made in terms of this Act :
and " 15 (c) any regulation or direction that remains in force in terms of section 8 1 ; "transi t" means the cont inuous passage from one border of the Republ ic to another such border without storage other than temporary storage incidental to transport; "treatment" means any method, technique or process that is designed t o — 20 (a) change the physical , biological or chemical character or composi t ion of a
waste; or (/;) remove , separate, concentrate or recover a hazardous or toxic component of a
waste; or (c) destroy or reduce the toxicity of a waste, 25 in order to minimise the impact of the waste on the environment prior to further use or disposal : " w a s t e " means any substance, whether or not that substance can be reduced, re-used, recycled and recovered— (a) that is surplus, unwanted, rejected, discarded, abandoned or disposed of; 30 (b) which the generator has no further use of for (he purposes of production; (c) that must be treated or disposed of; or (d) that is identified as a waste by the Minister by notice in the Gazette, and includes waste generated by the mining, medical or other sector, bu t— (i) a by-product is not considered waste; and 35
(ii) any portion of waste , once re-used, recycled and recovered, ceases to be waste;
"waste disposal facil ity" means any site or premise used for the accumulat ion of waste with the purpose of disposing of thai waste at that site or on that premise; "waste m a n a g e m e n t act ivity" means any activity listed in Schedule 1 or 40 published by notice in the Gazette under section 19, and inc ludes— (a) Ihe importation and exportat ion of waste; (b) the generation of waste, including the undertaking of any activity or process
that is likely to result in the generat ion of waste: (c) the accumulat ion and storage of waste; 45 (d) the collection and handling of waste; ) the transportation of waste; (Ii) the transfer of waste; 50 (i) the treatment of waste; and (j) the disposal of waste; "waste m a n a g e m e n t control officer" means a waste management control officer designated under section 58(1); "waste m a n a g e m e n t l icence" means a licence issued in terms of section 4 9 ; 55
18 No. 32000 GOVKRNMKNT GAZETTE. 10 MARCH 2009
Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008
"waste m a n a g e m e n t officer" means a waste management officer designated in terms of section 10; "waste management services" means waste collection, treatment, recycling and disposal services; "waste minimisat ion p r o g r a m m e " means a p rog ramme that is intended to 5 promote ihe reduced generation and disposal of waste; "waste transfer facil ity" means a facility that is used to accumula te and temporari ly store waste before it is transported to a recycl ing, t reatment or waste disposal facility; "waste treatment facil ity" means any site that is used to accumula te waste for the 10 purpose of storage, recovery, treatment, reprocessing, recycling or sorting of that waste.
Objects of Act
2. The objects of (his Act a re— (a) to protect health, well-being and the envi ronment by providing reasonable 15
measures for— (i) minimising the consumption of natural resources;
(ii) avoiding and minimising the generat ion of waste; (iii) reducing, re-using, recycling and recovering waste; (iv) treating and safely disposing of waste as a last resort; 20 (v) preventing pollution and ecological degradat ion;
(vi) securing ecologically sustainable development while promot ing justifi­ able economic and social development ;
(vii) promoting and ensuring the effective delivery of waste services; (viii) remediat ing land where contaminat ion presents , or may present , a 25
significant risk of harm to health or the envi ronment : and (ix) achieving integrated waste management reporting and planning;
(b) to ensure that people are aware of the impact of waste on their health, well-being and the environment ;
(c) to provide for compl iance with the measures set out in paragraph (a)\ and 30 (d) generally, to give efleet to section 24 of the Consti tution in order to secure an
environment that is not harmful to health and well-being.
General duty of State
3 . In fulfilling the rights contained in section 24 of the Const i tut ion, the State, through the organs of state responsible for implement ing this Act, must put in place uniform 35 measures that seek to reduce the amount of waste that is generated and, where waste is generated, to ensure that waste is re-used, recycled and recovered in an environmental ly sound manner before being safely treated and disposed of.
Applicat ion of Act
4. (1) This Act does not apply t o — 40 (a) radioactive waste that is regulated by the Hazardous Substances Act. 1973
(Act No . 15 of 1973). the National Nuclear Regulator Act , 1999 (Act No. 47 of 1999), and the Nuclear Energy Act, 1999 (Act No. 46 of 1999);
(b) residue deposits and residue stockpiles that are regulated under the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002) ; 45
(c) the disposal of explosives that is regulated by the Explos ives Act, 2003 (Act No. 15 of 2003) ; or
(d) the disposal of animal carcasses that is regulated by the Animal Health Act. 2002 (Act No. 7 of 2002) .
20 No. 32000 GOVERNMENT GAZETTE, 10 MARCH 2009
Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008
(2) This Act binds all organs of state.
Applicat ion of National Environmental M a n a g e m e n t Act
5. (1) This Act must be read with the National Environmental Managemen t Act, unless the context of this Act indicates that the National Environmenta l Managemen t Act does not apply. 5
(2) The interpretation and application of this Act must be guided by the national environmental management principles set out in section 2 of the National Envi ronmen­ tal Managemen t Act.
C H A P T E R 2
N A T I O N A L W A S T E M A N A G E M E N T S T R A T E G Y , N O R M S A N D 10 S T A N D A R D S
Part 1 National waste management strategy
Establ ishment of national waste m a n a g e m e n t strategy
6. (1) The Minister must, within two years of the date on which this section lakes 15 effect, by notice in the Gazette establish a national waste management strategy for achieving the objects of this Act. which must inc lude—
(a) objectives, plans, guidelines, systems and procedures relating to the protec­ tion of the environment and the generation (including the avoidance and minimisation of such generat ion), re-use, recycling, recovery, t reatment, 20 disposal, use. control and management of waste in order to achieve the objects of this Act;
(b) mechanisms, systems and procedures for giving elfect to the Republ ic ' s obligations in terms of relevant international agreements ;
(c) practical measures for achieving co-operat ive governance in waste manage- 25 menl matters ;
(cl) guidance on raising awareness regarding the impact of waste on health and the environment;
(e) approaches for securing compliance with the requirements of this Act, including the monitoring of compl iance; and 30
(/) any other matter that the Minister considers necessary for achieving the objects of this Act.
(2) The national waste management strategy may include targets for waste reduction. (3) The national waste management s t ra tegy—
(a) binds all organs of state in all spheres of government , and all persons if and to 35 the extent applicable: and
(b) may, subject to section 3 of the Intergovernmental Fiscal Relat ions Act, 1997 (Act No. 97 of 1997). allocate and delineate responsibil i t ies for the implementat ion of this Act amongs t— (i) the dilferent spheres of government ; and 40
(ii) different organs of state. (4) An organ of state must give effect to the national waste management strategy when
exercising a power or performing a duty in terms of this Act or any other legislation regulating waste management .
(5) The national waste management s t ra tegy— 45 (a) may differentiate between dilferent geographical areas; (b) may differentiate between different classes or categories of waste ; (c) may provide for the phasing in of its provisions; (d) may be amended; and (e) must be reviewed by the Minister at intervals of not more than live years . 50
(6) Before publishing the national strategy, or any amendment to the strategy, the Minister must follow a consultat ive process in accordance with sections 72 and 7 3 .
No. 32000 GOVERNMENT GAZETTE, 10 MARCH 2009
Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008
(7) Subsection (6) need not be complied with if the strategy is amended in a non-substantive manner.
Part 2 National norms and standards, provincial norms and standards and waste service
standards 5
National norms and s tandards
7. (1) The Minister must, by notice in the Gazette, set national norms and standards for t h e —
(a) classification of waste: (b) planning for and provision of waste management services: and 10 (c) s torage, treatment and disposal of waste, including the planning and operation
of waste treatment and waste disposal facilities. (2) The Minister may, by notice in the Gazette, set national norms and standards for—
(a) the minimisat ion, re-use, recycling and recovery of waste, including the separation of waste at the point of generat ion: 15
(b) extended producer responsibili ty; (c) the regionalisation of waste management services; and (d) the remediation of contaminated land and soil quality.
(3) The Minister with the concurrence of the Minister of Finance may, by notice in the Gazette, set national s tandards in respect of tariffs for waste services provided by 20 municipali t ies.
(4) The norms and standards contemplated in subsection (1) m a y — (a) differentiate between different geographical areas; (b) differentiate between different classes or categories of waste; (c) provide for the phasing in of its provis ions; and 25 (d) be amended.
(5) The norms or standards contemplated in subsection (\)(b) m a y — (a) differentiate on an equitable basis b e t w e e n —
(i) different users of waste management services; and (ii) different types of waste management services; 30
(b) ensure that funds obtained from waste services are used for waste manage­ ment services; and
(c) provide for tariffs to be imposed to provide for waste management infrastructure or facilities.
(6) (a) Before publishing a notice in terms of subsection (1). (2) or (3), or any 35 amendment to the notice, the Minister must follow a consultat ive process in accordance with sections 72 and 7 3 .
(b) Paragraph (a) need not be complied with if the notice is amended in a non-substantive manner.
Provincial norms and standards 4 0
8. (1) The relevant M E C , within his or her jurisdict ion, must ensure the implementat ion of the national waste management strategy and national norms and standards contemplated in sections 6 and 7, respectively.
(2) The relevant M E C , within his or her jurisdict ion, may by notice in the Gaz.ette set provincial norms and standards that are not in conflict with national norms and standards 45 contemplated in section 7.
(3) The norms and standards contemplated in subsection (2) must amongst other things facilitate and a d v a n c e —
(a) planning and provision of waste management services; (b) regionalisation of waste management services within the province; 50 (c) minimisat ion, re-use, recycling and recovery of waste, with the exception of
standards that may have national implications or that may have a significant impact on the national economy; and
(d) t reatment and disposal of waste, including the planning and operat ion of waste treatment and waste disposal facilities, licenced by provincial authorit ies. 55
(4) The norms and standards contemplated in subsection (2) m a y — (a) differentiate between different geographical areas in the province; (b) differentiate between different classes or categories of waste:
24 No. 32000 GOVERNMENT GAZETTE. 10 MARCH 2009
Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008
(c) provide for the phasing in of its provisions: and (d) he amended.
(5) (a) Before publishing a notice in terms of subsection (2). or any amendmen t to the notice, the M E C must follow a consultat ive process in accordance with sections 72 and 73. 5
(b) Paragraph (a) need not be complied with if the notice is amended in a non-substantive manner.
Waste service s tandards
9. ( I ) A municipali ty must exercise its executive authority to del iver waste management services, including waste removal , waste storage and waste disposal 10 services, in a manner that does not conflict with section 7 or 8 of this Act .
(2) Each municipali ty must exercise its executive authority and perform its duty in relation to waste services, including waste collection, waste storage and waste disposal services, b y —
(a) adhering to all national and provincial norms and standards; 15 (b) integrating its waste management plans with its integrated development plans; (c) ensuring access for all to such services; (d) providing such services at an affordable price, in line with its tariff policy
referred to in Chapter 8 of the Municipal Sys tems Act; (e) ensuring sustainable services through effective and efficient management ; 20 ( / ) keeping separate financial s tatements, including a balance sheet of the
services provided. (3) In exercising its executive authority contemplated in subsection (1). a municipal­
ity may furthermore, amongst other things, se t— (a) local s tandards for the separation, compact ing and storage of solid waste that 25
is collected as part of the municipal service or that is d isposed of at a municipal waste disposal facility;
(b) local s tandards for the management of solid waste that is disposed of by the municipality or at a waste disposal facility owned by the municipali ty, including requirements in respect of the avoidance and minimisat ion of the 30 generation of waste and the re-use. recycling and recovery of solid waste;
(c) local s tandards in respect of the directing of solid waste that is collected as part of the municipal service or that is disposed of by the municipali ty or at a municipal waste disposal facility to specific waste treatment and disposal facilities; and 35
((?)(c); (k) knowingly supplies false or misleading information in any application made 15
in terms of this Act: (I) knowingly supplies false or misleading information to a waste management
officer or environmental management inspector for the purpose of this Act; (/;;) fails to provide the information contemplated in section 29(5) or 63(4) .
(2) A person w h o is in control of a vehicle, or in a position to control the use of a 20 vehicle, that is used to transport waste for the purpose of offloading that waste, is guilty of an offence if that pe r son—
(a) fails to take all reasonable steps lo prevent spil lage of waste or littering from the vehicle;
(b) intentionally or negligently cause spillage or litlering from the vehicle: 25 (c) d ispose of waste at a facility which is not authorised to accept such waste; (d) fails to ensure that wasle is disposed of at a facility (hat is authorised to accept
such waste; or (e) fails to comply with any duty set out in section 25(4) .
Penalties 30
68. ( I ) A person convicted of an offence referred to in seclion 67( I )(a), (g) or (Ii) is liable to a fine not exceeding R10 000 000 or to impr isonment for a period not exceeding 10 years, or to boih such fine and such imprisonment , in addition to any other penalty or award that may be imposed or made in terms of the National Environmenta l Management Act. 35
(2) A person convicted of an offence referred to in section 67(1 )(b), (c), (d), (e). (/),(/). (j), (k) or (I) or section 67(2)(a) . (b), (c), (d) or (e) is liable to a fine not exceed ing R5 000 000 or to imprisonment for a period not exceeding five years , or to both a fine and such imprisonment , in addition to any other penalty or award that may be imposed or made in terms of the National Environmental Managemen t Act. 4 0
(3) Any person convicted of an offence referred to in section 67( 1 )(m) is liable lo a fine or to imprisonment for a period not exceeding six months or to both a fine and such imprisonment .
(4) A person who is convicted of an offence in terms of this Act and w h o persists afler conviction in the act or omission that consti tuted the offence commi t s a cont inuing 45 offence and is liable on conviction to a fine not exceeding R1 000 or to impr isonment for a period not exceeding 20 days, or lo both such fine and such impr isonment , in respect of each day that person persists with thai act or omission.
(5) A fine contemplated in subsection (1), (2), (3) or (4) must be determined with due consideration of— 50
(a) the severily of the offence in terms of its impact or potential impact on health, well-being, safety and the environment ; and
(b) the monetary or other benefits that accrued to the convicted person through the commiss ion of the offence.
76 No. 32000 GOVERNMENT GAZKTTK. 10 MARCH 2009
Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT:
WASTE ACT, 2008
C H A P T E R 8
G E N E R A L M A T T E R S
Part 1 Regulations
Regulations by Minister 5
69. (1) The Minister may make regulations regard ing— (a) the identification and categorisation of waste; (b) the manner in which particular waste types must be dealt with and managed ; (c) the manner in which priority waste must be dealt with and managed ; (d) requirements for monitoring of compl iance with this Act or any licence issued 10
in terms of this Act; (e) waste management planning; (j) the exercise of the duty of care; (g) measures lhat are required for the environmental ly sound management of
wasle; 15 (Ii) requirements in respect of waste management activities; (i) measures that must be taken in respect of the implementat ion of wasle
minimisat ion, including the separalion of waste at the point of generat ion and setting of targets or percentage of products that must be recovered under a re-use, recycling, refundable deposit or take-back p rogramme; 20
(j) the control of the import or export of waste; (k) ihe obligation of producers of a specified product or class of producl lo carry
out a life cycle assessment in relation to the product, in such manner or in accordance with such standards or procedures as may be specified;
(I) the requirements that must be compl ied with in respect of the design, 25 composi t ion or production of a product or packaging, including requirements in respect of— (i) the restriction of the composi t ion, volume or weighl of packaging;
(ii) the reduction, re-use, recycling and recovery of packaging; and (iii) the use of alternate materials that are less harmful to the envi ronment ; 30
(m) the utilisation of waste by way of recovery, re-use and recycl ing; (n) the reduction of wasle b y —
(i) the adoption of certain manufacturing processes; and (ii) the use of alternative materials or products;
(o) the financial arrangements of waste minimisat ion p rogrammes ; 35 (p) the institutional ar rangements for the administrat ion of waste minimisat ion
p rogrammes : (q) the control over waste management facilities: (r) labelling requirements in respect of waste management ; (s) the location, planning and design of waste management activities; 40 (t) the registration of persons transporting waste; ( I I ) the manner in which a site assessment in terms of section 37 must be
conducted and the person who may conduct such assessments ; (v) the contents of a site assessment report contemplated in section 37, including
persons who may undertake such site assessments ; 45 (w) the manner in which an application for a waste management l icence must be
made , including the persons w h o may manage such applicat ions; (x) requirements in respect of the funding or insuring of a waste management
activity; (y) the nature, type, time period and format of data and information to be 50
submitted in terms of a waste information system established in terms of this Act:
(z) the procedure for the institution of appeals against decisions of officials in the performance of their functions in terms of this Act;
(aa) the dissemination of information to the public; 55
78 No. 32000 GOVERNMENT GAZETTE, 10 MARCH 2009
Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008
(bb) incentives and disincentives to encourage a change in behaviour towards the generat ion of waste and waste management by ail sectors of society;
(cc) matters that must be regulated by a contract between a municipal i ty and any waste management service provider;
(dd) any matter that may or must be prescribed in terms of this Act ; and 5 (ee) any other administrat ive or procedural matter that it is necessary for the proper
administrat ion and implementat ion of this Act. (2) A regulation under subsection (1 (j), (k),(l), ( « ) a n d (r) may only be made after
consultat ion with the Minis ter of Trade and Industry. (3) A regulation under subsection (\)(o) and (.x), and a regulation in respect of 10
financial incentives and disincentives made under subsection (\)(bb), may only be made wilh the concurrence of the Minister of Finance.
(4) A regulation under subsection ( I )(cc) may only be made after consultat ion with the Minis ter for Provincial and Local Government .
(5) A regulation under subsection (\)(u), (v) and (w) may only be made after 15 consultation wilh the Minister of Water Affairs and Forestry.
(6) Any regulation which pertains to the treatment of waste by means of incineration must be submit ted to the National Assembly 30 days prior to publication.
Regulat ions by M E C s
70. (1) The M E C with the concurrence of the Minister may make regulat ions for the 20 province concerned in respect of any matter for which the M E C may or must make regulations in terms of this Act. including any matter referred to in section 69(])(b) to (h), inclusive, (in), (/>), (q), (s) to (w), inclusive, and (y) to (dd), inclusive.
(2) A regulation in respect to a matter referred to in seclion 69(\)(cc) may only be made after consultation with the Minis ter for Provincial and Local Government . 25
(3) A regulation in respect of a matter referred to in terms of seclion 69( 1) (u), (v) and (w) may only be made after consultation with the Minister of Water Affairs and Forestry.
General regulatory powers
71 . (1) Regulat ions made under this Act m a y — (a) restrict or prohibit any act. either absolutely or condit ional ly; 30 (b) a p p l y —
(i) generally to the Republic or a province, or only in a specified areas or category of areas; or
(ii) generally to all persons or only to a specified category of persons; (c) differentiate between different— 35
(i) areas or category of areas: (ii) persons or categories of persons; or
(iii) types, classes or categories of waste; (d) incorporate by reference any guideline, min imum requirements , code of
practice or any national or international standard relating lo waste manage- 4 0 ment.
(2) Regulat ions made under this Act may provide that any person who contravenes or fails to comply with a provision thereof commi t s an offence and is liable on convict ion t o —
(a) imprisonment for a period not exceeding 15 years: 4 5 (/;) an appropriate line; or (c) both a line and imprisonment .
80 No. 32000 GOVERNMENT GAZETTE, 10 MARCH 2009
Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008
(3) (a) Before publishing any regulation under this Act, or any amendmen t to the regulat ions, the Minister or M E C , as the case may be, must follow a consultat ive process in accordance with sections 72 and 73 .
(b) Paragraph (a) need not be complied with if the regulat ions are amended in a non-substantive manner. 5
Part 2 Consultative process
Consultat ion
72 . (1) Before exercising a power which, in terms of this Act, must be exercised in accordance with this section and section 73 , the Minister or M E C must follow such 10 consultat ive process as may be appropriate in the c i rcumstances .
(2) When conduct ing the consul ta t ions contemplated in subsection (1), the Minisler mus t—
(a) consult all Cabinel members whose areas of responsibil i ty will be affected by the exercise of the powers ; 15
(b) in accordance with the principles of co-operat ive governance as set out in Chapter 3 of the Consti tut ion and subject to the Intergovernmental Relat ions F ramework Act, 2005 (Act No . 13 of 2005) , consult the M E C responsible for waste management in each province that will be affected by the exercise of the power ; and 20
(c) conduct a public participation process in accordance with section 7 3 . (3) When conduct ing the consultat ions contemplated in subsect ion (1), the M E C
mus t— (a) consult all members of the Execut ive Counci l whose areas of responsibil i ty
will be affected by the exercise of the powers ; 25 (/;) in accordance with the principles of co-operat ive governance as set out in
Chapter 3 of the Consti tut ion and subject lo the Intergovernmental Relat ions F ramework Act, 2005 (Act No. 13 of 2005) . consult the Minister and all other national organs of slate that will be affected by the exercise of the power ; and
(c) conduct a public participation process in accordance with section 7 3 . 30
Public part ic ipation
73 . (1) Before exercising a power lhat. in terms of this Act. must be exercised in accordance which this section, the Minister or M E C , as the case may be, must give notice of the proposed exercise of the relevant p o w e r —
(a) in the Gazette; and 35 (b) in at least one newspaper distributed nationally or, if the exercise of power
will only affect a specific area, in at least one newspaper dislr ibuted in that area.
(2) The notice mus t— (a) invite members of the public to submit to the Minis ter or M E C , as the case 40
may be, within no less lhan 30 days of publication of (he notice in the Gazette, written representations on or objections to the proposed exercise of power ; and
(b) contain sufficient information to enable members of the public to submit representat ions or objections. 45
(3) The Minister or M E C . as the case may he, may, in appropriate c i rcumstances , allow any interested person or communi ty to present oral representat ions or objections to the Minis ler or M E C , or a person designated by the Minister or M E C .
(4) The Minister or M E C , as the case may be, must give due considerat ion lo all representations or object ions received or presented before exercis ing the relevant power. 50
82 No. 32000 GOVERNMENT GAZETTE. 10 MARCH 2009
Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008
Part 3 Exemptions and appeals
Applicat ions for exempt ion
74 . (1) Any person may apply in writing for exempt ion from the application of a provision of this Act to the Minister or, where the M E C is responsible for adminis ter ing 5 the provision of the Act from which the person or organ of state requires exempt ion , to the M E C .
(2) An application in terms of subsection (1) must be accompanied b y — (a) an explanation of the reasons for the applicat ion; and
(b) any applicable support ing documents . 10
Consideration of appl icat ions for exempt ion
75. (1) The Minister or M E C , as the case may be, may request an applicant contemplated in section 74 to furnish additional information where such information is necessary for the purposes of informing the Minis ter or M E C ' s decision.
(2) If the rights or interests of other parties are likely to be adversely affected by the 15 proposed exempt ion, the Minister or M E C , as the case may be, must , before deciding the application, request the applicant t o —
(a) bring the application to the attention of relevant organs of state, interested persons and the public by conduct ing a public participation process indicated by the Minister or M E C : and 20
(b) to submit any commen t s received from the public fol lowing such process to the Minister or M E C .
Decis ions on appl icat ions for exempt ion
76. (1) The Minister or the M E C . as the case may be, m a y — (a) grant an exempt ion from the application of a provision of this Act : or 25 (b) refuse to grant such exempt ion.
(2) Sections 48 and 49(2) to (6), inclusive, apply with the changes required by Ihe context to Ihe considerat ion of applications for exempt ions .
(3) If an application is granted, the Minister or M E C must issue a written exempt ion notice to the applicant s ta t ing— 30
(a) the name, address and telephone number o f lhe person to whom the exempt ion is granted;
(b) the provision of this Act from which exempt ion is granted; (c) the condi t ions subject to which the exempt ion is granted, if (he exempt ion is
granted subject to condit ions; and 35 (d) the period for which exemption is granted, if the exempt ion is granted for a
period. (4) The Minister or the MEC, as the case may be, may by notice in the Gazette exempt
an organ of state from a provision of this Act if— (a) the provision, but for the definition of " p e r s o n " contained in section (1). 40
clearly should not apply lo an organ of slate; (b) the exempt ion would not defeat the objects of this Act; and (c) it is in the public interest to grant the exempt ion .
Review and transfer of exempt ions
77. ( I ) The Minister or M E C m a y — 45 (a) from time lo t ime review any exempt ion granted in terms of section 76 ; and (b) on good grounds suspend or wi thdraw such exempt ion or amend the
exempt ion , or any part thereof. (2) Before suspending, wi thdrawing or amending an exempt ion , the Minister or M E C
must give the person to whom the exemption was granted an opportunity to comment . 50 in writ ing, on the reasons for the suspension, withdrawal or amendment .
(3) If an exempt ion has been granted in respect of a waste management activity, or pari thereof, and ownersh ip of thai wasle management activity is transferred, the exemption may, with the permission of the Minister or M E C . be transferred by the holder of the exemption to the new owner of the waste management activity. 55
84 No. 32000 GOVERNMENT G A / E T T E . 10 MARCH 2009
Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008
(4) Section 52 applies with the changes required by the context to the transfer of exempt ions .
Appeals
78. (1) An appeal under section 4 3 of the National Environmental Management Act in respect of a decision made under a power delegated by the Minis ter or M E C in terms of 5 this Act or another specific environmental management Act where the Minis ter or M E C is responsible for consider ing the appeal , may be considered jointly with any other appeal involving a related matter.
(2) Where the Minister or M E C exercises his or her discretion to consider appeals jointly under subsection ( I ) . the Minister or M E C may indicate the process that must be 10 followed to give effect to that decision.
C H A P T E R 9
M I S C E L L A N E O U S
Delegation and ass ignment
79. (1) The Minister or M E C , respectively, may delegate or assign to an official in 15 their respective depar tments any power or duty conferred on the Minis ter or M E C . by or under this Act, excep t—
(a) the power conferred on the Minister or M E C , respectively, by section 7(2) or (3), 8(1), 14, 18, 19, 28 , 69 or 70; or
(b) the duty imposed on the Minister by section 6 or 7(1). 20 (2) The Minister or M E C must regularly review and, if necessary, amend or wi thdraw
a delegation or assignment under subsection (1). (3) A delegation or assignment to an official under subsection ( I ) —
(a) is subject to such limitations and condi t ions as the Minister or M E C may impose; 25
(bj may either be to a specific official or to the holder of a specific post in the relevant depar tment ;
(cj may authorise that official lo subdelegate or further assign, in wri t ing, the power or duty to another official in the Depar tment , or lo the holder of a specific post in the Depar tment ; 30
(d) does not prevent the exercise of that power or the performance of that duty by the Minis ter or M E C ; and
(e) does not divest the Minister or M E C of the responsibil i ty concerning the exercise of the delegated power or the performance of (he ass igned duty.
(4) The Minister or M E C may confirm, vary or revoke any decision taken by an 35 official as a result of a delegation or subdelegal ion under this section, subject to any rights that may have become vested as a consequence of that decision.
Repeal and a m e n d m e n t of laws , and savings
80. (1) Subject to subsect ions (2) and (3) and section 8 1 , the laws set out in Schedule 2 are hereby repealed or amended to (he extent set out in the third co lumn thereof. 4 0
(2) Any regulation or direction made in terms of a provision of the Envi ronment Conservat ion Act repealed by section (1) and in force immediately before the date of the coming into effect of this Act, remains in force and is considered to have been made under this Act until anything done under this Act overr ides it.
(3) Anything lawfully done under a provision repealed by subsection (1) remains 45 valid until anything done under this Act overrides it.
(4) A person operat ing a waste disposal facility that was established before the coming into effect of the Environment Conservat ion Act and that is operational on the date of the coming into effect of this Act may continue to operate the facility until such lime as the Minister, by notice in the Gazette, calls upon that person to apply for a waste 50 management licence.
86 No. 32000 GOVERNMENT GAZETTE. 10 MARCH 2009
Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008
(5) Any criminal proceedings instituted under section 19, I9A or 20(1) of the Environment Conservat ion Act that have not been finalised on the date of coming into effect of this Act, must be finalised as if those sections had not been repealed.
Transitional provis ions in respect of permits issued in t erms of Env ironment Conservat ion Act 5
8 1 . (1) Despi te the repeal of section 20 of the Environment Conservat ion Act by this Act, a permit issued in terms of that section remains valid subject to subsect ions (2) and (3).
(2) The holder of a permit issued in terms of section 20 of the Envi ronment Conservat ion Act must apply for a waste management l icence in terms of this Act, when 10 required lo do so by the licensing authority, in writ ing, and within the period stipulated by the licensing authority.
(3) A permit issued in terms of section 20 of the Envi ronment Conservat ion Act lapses—
(a) if a waste management licence is issued in terms of this Act to the same person 15 in respect of the same waste management activity;
(b) if the holder of the permit did not apply, within the stipulated period, for a waste management licence within the period contemplated in subsection (2); or
(