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

Chapter 2 : National Waste Management Strategy, Norms and Standards

Part 2 : National norms and standards, provincial norms and standards and waste service standards

8. Provincial norms and standards

 

(1) The relevant MEC, within his or her jurisdiction, must ensure the implementation of the national waste management strategy and national norms and standards contemplated in sections 6 and 7, respectively.

 

(2) The relevant MEC, within his or her jurisdiction, may by notice in the Gazette set provincial norms and standards that are not in conflict with national norms and standards contemplated in section 7.

 

(3) The norms and standards contemplated in subsection (2) must amongst other things facilitate and advance—
(a) planning and provision of waste management services;
(b) regionalisation of waste management services within the province;
(c) minimisation, 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) treatment and disposal of waste, including the planning and operation of waste treatment and waste disposal facilities, licenced by provincial authorities.

 

(4) The norms and standards contemplated in subsection (2) may—
(a) differentiate between different geographical areas in the province;
(b) differentiate between different classes or categories of waste;
(c) provide for the phasing in of its provisions; and
(d) be amended.

 

(5)
(a) Before publishing a notice in terms of subsection (2), or any amendment to the notice, the MEC must follow a consultative process in accordance with sections 72 and 73.
(b) Paragraph (a) need not be complied with if the notice is amended in a non-substantive manner.