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

Regulations

Waste Exclusion Regulations, 2018

Chapter 2 : Application for Exclusion of a Waste Stream or a Portion of a Waste Stream from the Definition of Waste

11. Review, withdrawal and amendment of exclusion of a waste stream or a portion of a waste stream from the definition of waste

 

(1) The Minister, where on reasonable grounds believes that a waste stream or a portion of a waste stream excluded from the definition of waste poses a threat to health, wellbeing, and environment, may—
(a) review any exclusion of a waste stream or a portion of a waste stream from the definition of waste granted in terms of these Regulations; and
(b) amend the exclusion of a waste stream, or portion of a waste stream from the definition of waste; or
(c) withdraw such exclusion of a waste stream or a portion of a waste stream from the definition of waste.

 

(2) Before amending or withdrawing any exclusion of a waste stream or a portion of a waste stream from the definition of waste, the Minister must give the person contemplated in regulation 4 of these Regulations an opportunity to comment, in writing, on the reasons for the amendment or withdrawal.

 

(3) The Minister must, before taking a decision to amend or withdraw the exclusion of a waste stream or a portion of a waste stream from the definition of waste, follow a consultative process as contemplated in sections 72 and 73 of the Act.

 

(4) The Minister must, after taking a decision to amend or withdraw the exclusion of a waste stream or a portion of a waste stream from the definition of waste, publish such a decision in the Government Gazette for general information.