Special Investigating Units and Special Tribunals Act, 1996
R 385
National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)RegulationsWaste Exclusion Regulations, 2018Chapter 2 : Application for Exclusion of a Waste Stream or a Portion of a Waste Stream from the Definition of Waste6. Consideration of applications for exclusion of a waste stream or a portion of a waste stream from the definition of waste |
| (1) | The Minister must upon receipt of the application for exclusion of a waste stream or a portion of a waste stream acknowledge receipt, in writing, of the application within 14 days after date of receipt. |
| (2) | The Minister may, after consideration of the criteria contemplated in regulation 7 and the risk assessment contemplated in regulation 8 of these Regulations, in writing— |
| (a) | grant the application and exclude a waste stream or a portion of waste stream from the definition of waste; |
| (b) | require the application to be amended within a specified timeframe, and to be resubmitted for consideration; |
| (c) | require the submission of additional information within a specified timeframe; or |
| (d) | refuse the application and provide reasons for the decision. |
| (3) | The Minister must, before taking a decision on the application, follow a consultative process contemplated in sections 72 and 73 of the Act. |
| (4) | The Minister must, after granting an application, publish a government notice indicating the exclusion of a waste stream or a portion of a waste stream from the definition of waste, in the Government Gazette for general information. |
| (5) | Where a waste stream or a portion of a waste stream has been excluded from the definition of waste in terms of these Regulations, such a waste stream or a portion of a waste stream must be managed in terms of the risk management plan developed in terms of regulation 10. |
