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

Chapter 4 : Waste Management Measures

Part 8 : Contaminated land

41. Contaminated land register

 

(1) The Minister must keep a national contaminated land register of contaminated land areas that includes information on—
(a) the owners and any users of contaminated land areas;
(b) the location of contaminated land areas;
(c) the nature and origin of the said contamination:
(d) whether an contaminated land area—
(i) presents a risk to health or the environment, and must be remediated urgently;
(ii) presents a risk to health or the environment, and must be remediated within a specified period;
(iii) does not present an immediate risk, but measures are required to address the monitoring and management of that risk; and
(e) restrictions of use that have been imposed on the contaminated land areas.

 

(2) The Minister may change the status of the contaminated land area contemplated in subsection (1)(d)(i) or (ii) as provided for in subsection (1)(d)(iii) or (iv) if a remediation order has been complied with or other circumstances eventuate that justify such a change.

 

(3) An MEC who has identified a contaminated land area must furnish the relevant information to the Minister for recording in the national contaminated land register.

 

[Section 41 substituted by section 70 of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023]