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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

7. Criteria for exclusion of a waste stream or a portion of a waste stream from the definition of waste

 

The Minister may exclude a waste stream or a portion of a waste stream, from the definition of waste for the purposes of beneficial use, provided that the—

(a) application demonstrates that the waste is being or has been or will be used for a beneficial purpose either locally or internationally;
(b) applicant undertakes a risk assessment and submits a risk management plan demonstrating that the intended beneficial use of the excluded waste can be managed in such a way as to ensure that the intended beneficial use will not result in significant adverse impacts on the environment; and
(c) risk management plan developed and responding to the risks identified in the risk assessment undertaken in terms of paragraph (b) above accompanies any delivery of the excluded waste to the user.