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

Regulations

Regulations regarding the Control of the Import of Export of Waste, 2017

Chapter 5 : Requirements for the Transboundary Movement of Waste

11. Requirements when applying for the transboundary movement of waste

 

(1) When undertaking the transboundary movement for the import of waste:
(a) the importer shall inform the Department of the transboundary movement by submitting a movement document at least 7 days before the shipment reaches the port;
(b) the transporter must present the Consent at the port; and
(c) the importer must, within 30 days of reuse, recycling or recovery of the waste, provide the Department with a Safe Disposal Certificate from the waste treatment facility.

 

(2) In the event that the imported waste is not accepted by the waste treatment facility named in the import consent, the importer must—
(a) inform the Department in writing within two days of nonacceptance by the waste treatment facility and provide the reason(s)thereof;
(b) provide proposed corrective measures for the waste to the Department, within seven days from the date of reporting;
(c) in the event where corrective measures are not submitted, the Department's instruction concerning what must happen to the waste will be given within 21 days from the date of reporting;
(d) where corrective measures are approved by the Department, the importer must within two months after the day on which the Department approved the corrective measures, manage the waste according to that approval;
(e) cover the cost of storage and any other applicable cost; and
(f) the importer may be instructed to return the waste to the exporter at the importer's own cost within 90 days of import.

 

(3) When undertaking the transboundary movement for the export of waste:
(a) the exporter shall inform the Department of the transboundary movement by submitting a movement document at least 7 days before the shipment reaches the port;
(b) the transporter must present the Consent at the port.

 

(4) If the waste is exported legally and the receiving waste treatment facility refuses to accept the waste:
(a) the exporter shall comply with corrective measures as requested by the Competent Authority of the country of import; and
(b) the exporter is liable for all cost incurred including the cost of returning the waste to South Africa.