Statistics Act, 1999
R 385
National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)Chapter 4 : Waste Management MeasuresPart 4 : Waste management activities19. Listed waste management activities |
| (1) | The Minister may by notice in the Gazette publish a list of waste management activities that have, or are likely to have, a detrimental effect on the environment. |
| (2) | The Minister may amend the list by— |
| (a) | adding other waste management activities to the list; |
| (b) | removing waste management activities from the list; or |
| (c) | making other changes to the particulars on the list. |
| (3) | A notice referred to in subsection (1)— |
| (a) | must indicate whether a waste management licence is required to conduct the activity or, if a waste management licence is not required, the requirements or standards that must be adhered to when conducting the activity; |
| (b) | may exclude certain quantities or categories of waste or categories of persons from the application of the notice if the waste in question is— |
| (i) | of such a small quantity or temporary nature that it is unlikely to cause pollution to the environment or harm to human health; or |
| (ii) | adequately controlled by other legislation; |
| (c) | may contain transitional and other special arrangements in respect of waste management activities that are carried out at the time of their listing; and |
| (d) | must determine the date on which the notice takes effect. |
| (4) | Until such time as the Minister has published a notice contemplated in subsection (1), Schedule 1 of this Act is applicable. |
| (5) | The MEC, with the concurrence of the Minister, may by notice in the Gazette— |
| (a) | publish a list of waste management activities that have, or are likely to have, a detrimental effect on the environment in the province concerned; and |
| (b) | when necessary, amend the list by— |
| (i) | adding other waste management activities to the list; |
| (ii) | removing waste management activities from the list; or |
| (iii) | making other changes to the particulars on the list. |
| (6) | A list published under subsection (5) by the MEC must include waste management activities listed in Schedule 1 or listed under section (1), if applicable. |
| (7) | A list published under subsection (5) by the MEC applies to the relevant province only. |
| (8) | A notice under subsection (1) or (5)— |
| (a) | may contain transitional and other special arrangements in respect of waste management activities that are carried out at the time of their listing; and |
| (b) | must determine the date on which the notice takes effect. |
| (9) | For the purposes of administrative efficiency, the lists published under subsection (1) or (5) or Schedule 1 may divide the waste management activities into different categories. |
| (10) |
| (a) | Before publishing a notice under subsection (1) or (5), or any amendment to such notice, the Minister or MEC, as the case may be, must follow a consultative process in accordance with sections 72 and 73. |
| (b) | Paragraph (a) need not be complied with if the list contemplated in subsection (1) or (5) is amended in a non-substantive manner. |
