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South Africa
NATIONAL LEGISLATION OVERVIEWS
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National Environmental Management: Waste Act, No. 59 of 2008

Long title


To reform the law regulating waste management in order to protect health and the environment by providing reasonable measures for the prevention of pollution and ecological degradation and for securing ecologically sustainable development; to provide for institutional arrangements and planning matters; to provide for national norms and standards for regulating the management of waste by all spheres of government; to provide for specific waste management measures; to provide for the licensing and control of waste management activities; to provide for the remediation of contaminated land; to provide for the national waste information system; to provide for compliance and enforcement; and to provide for matters connected therewith.

Table of contents

SECTION TITLE
PREAMBLE
TABLE OF CONTENTS

CHAPTER 1. INTERPRETATION AND PRINCIPLES
1. Definitions
2. Objects of Act
3. General duty of State
4. Application of Act
5. Application of National Environmental Management Act
CHAPTER 2. NATIONAL WASTE MANAGEMENT STRATEGY, NORMS AND STANDARDS
Part 1. National waste management strategy
6. Establishment of national waste management strategy
Part 2. National norms and standards, provincial norms and standards and waste service standards
7. National norms and standards
8. Provincial norms and standards
9. Waste service standards
CHAPTER 3. INSTITUTIONAL AND PLANNING MATTERS
10. Designation of waste management officers
11. Certain organs of state to prepare integrated waste management plans
12. Contents of integrated waste management plans
13. Reporting on implementation of integrated waste management plans
CHAPTER 3A. FINANCIAL PROVISIONS [...inserted by Act 2014_026_006]
Waste Management Charges
13A. Pricing strategy for waste management charges [...inserted by Act 2014_026_006]
13B. Application of pricing strategy [...inserted by Act 2014_026_006]
CHAPTER 4. WASTE MANAGEMENT MEASURES
Part 1. Priority wastes
14. Declaration of priority wastes
15. Consequences of declaration of priority wastes
Part 2. General duty
16. General duty in respect of waste management
Part 3. Reduction, re-use, recycling and recovery of waste
17. Reduction, re-use, recycling and recovery of waste
18. Extended producer responsibility
Part 4. Waste management activities
19. Listed waste management activities
20. Consequences of listing waste management activities
20A. Prohibited or restricted activities in specified geographical areas [...inserted by Act 2014_025_020]
Part 5. Storage, collection and transportation of waste
21. General requirements for storage of waste
22. Storage of general waste
23. Waste collection services
24. Collection of waste
25. Duties of persons transporting waste
Part 6. Treatment, processing and disposal of waste
26. Prohibition of unauthorised disposal
27. Littering
Part 7. Industry waste management plans
28. Preparation of industry waste management plans by certain persons
29. Preparation of industry waste management plans by organs of state
30. Contents of industry waste management plans
31. Notification of industry waste management plans
32. Consideration of industry waste management plans
33. Specification of measures to be taken
34. Review of industry waste management plans 
Part 7A. Waste Management Bureau [...inserted by Act 2014_026_013]
34A. Establishment of Waste Management Bureau [...inserted by Act 2014_026_013]
34B. Determination of policy [...inserted by Act 2014_026_013]
34C. Minister's supervisory powers [...inserted by Act 2014_026_013] 
34D. Objects of Bureau [...inserted by Act 2014_026_013]
34E. Functions of Bureau [...inserted by Act 2014_026_013]
34F. General powers [...inserted by Act 2014_026_013] [...Title substituted by Act 2022_002_064_20220624 - was entitled "Funding of Bureau"]
34G. Governing board, compositon and membership [...inserted by Act 2014_026_013]  [...inserted by Act 2014_026_013] [...Title substituted by Act 2022_002_064_20220624 - was entitled "Financial management"]
34H. Qualificatoins[...inserted by Act 2014_026_013]  [...Title substituted by Act 2022_002_064_20220624 - was entitled "Reporting and audit"]
34I. Appointment procedure  [...inserted by Act 2014_026_013]    [...Title substituted by Act 2022_002_064_20220624 - was entitled "Immovable property"]
34J. Chairperson [...inserted by Act 2014_026_013]  [...Title substituted by Act 2022_002_064_20220624 - was entitled "Chief Executive Officer of Bureau"]
34K. Term of officer [...inserted by Act 2014_026_013]  [...Title substituted by Act 2022_002_064_20220624 - was entitled "Functions of Chief Executive Office"]
34L. Conditions of appointment [...inserted by Act 2014_026_013]  [...Title substituted by Act 2022_002_064_20220624 - was entitled "Employees of Bureau"]
34M.Conduct of members [... inserted by Act 2022_002-066_2022064224]
34N.Termination of membership [... inserted by Act 2022_002-066_2022064224]
34O.Removal from office [... inserted by Act 2022_002-066_2022064224]
34P.Filling of vacancies [... inserted by Act 2022_002-066_2022064224]
34Q.Meetings [... inserted by Act 2022_002-066_2022064224]
34R.Procedures [... inserted by Act 2022_002-066_2022064224]
34S. Quorum and decisions [... inserted by Act 2022_002-066_2022064224]
34T.Committees [... inserted by Act 2022_002-066_2022064224]
34U. Delegation of powers and duties [... inserted by Act 2022_002-066_2022064224]
34V.Appointment of Chief Executive Officer [... inserted by Act 2022_002-066_2022064224]
34W. Employment of staff [... inserted by Act 2022_002-066_2022064224]
34X. Funding [... inserted by Act 2022_002-066_2022064224]
34Y. Investments [... inserted by Act 2022_002-066_2022064224]
34Z.Winding-up or dissolution of Bureau [... inserted by Act 2022_002-066_2022064224]
Part 8. Contaminated land
35. Application of this Part
36. Identification and notification of investigation areas
37. Consequences of identification and notification of investigation areas
38. Consideration of site assessment reports
39. Orders to remediate contaminated land
40. Transfer of remediation sites
41. Contaminated land register
Part 9. Other measures
42. Recognition programmes
CHAPTER 5. LICENSING OF WASTE MANAGEMENT ACTIVITIES
43. Licensing authority
43A. ... [...inserted by Act 2014_025_022]  [... repealed by Act 2022_002_072_2022064224 - was entitled "Residue stockpiles and residue deposits"]
44. Co-operative governance in waste management licence applications
45. Application for waste management licences
46. Appointment of persons to manage waste management licence applications
47. Procedure for waste management licence applications
48. Factors to be taken into account by licensing authority
49. Decision of licensing authorities on waste management licence applications
50. Issuing of waste management licences
51. Contents of waste management licences
52. Transfer of waste management licences
53. Review of waste management licences
54. Variation of waste management licences
55. Renewal of waste management licences
56. Revocation and suspension of waste management licences
57. Surrender of waste management licences
58. Waste management control officers
59. Criteria for fit and proper persons
CHAPTER 6. WASTE INFORMATION
60. Establishment of national waste information systems
61. Objectives of national waste information system
62. Establishment of provincial waste information system
63. Provision of information
64. Access to information
CHAPTER 7. COMPLIANCE AND ENFORCEMENT
65. Compliance powers of Minister of Water Affairs and Forestry
66. Waste impact reports
67. Offences
68. Penalties
CHAPTER 8. GENERAL MATTERS
Part 1. Regulations
69. Regulations by Minister
69A. Regulations for Bureau [...inserted by Act 2014_026_014]
70. Regulations by MECs
71. General regulatory powers
Part 2. Consultative process
72. Consultation
73. Public participation
Part 3. Exemptions and appeals
74. Applications for exemption
75. Consideration of applications for exemption
76. Decisions on applications for exemption
77. Review and transfer of exemptions
78. Appeals
CHAPTER 9. MISCELLANEOUS
79. Delegation and assignment
79A. Delegation by Minister responsible for mineral resources [...inserted by Act 2014_025_025]
80. Repeal and amendment of laws, and savings
81. Transitional provisions in respect of permits issued in terms of Environment Conservation Act
82. Transitional provision regarding listed waste management activities
83. Act regarded as specific environmental management Act
84. Short title and commencement
Sch. 1. SCHEDULE 1. WASTE MANAGEMENT ACTIVITIES IN RESPECT OF WHICH A WASTE MANAGEMENT LICENCE IS REQUIRED (SECTION 19)
Sch. 2.  SCHEDULE 2. LAWS AMENDED OR REPEALED (SECTION 80)
Sch. 3.  SCHEDULE 3. DEFINED WASTES [s1] [...inserted by Act 2014_026_018]

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