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South
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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
National
Environmental Management: Waste Act,
No. 59 of 2008
NOTE: Assented to and published in English, with alternative copy in Northern Sotho, except iro notice of assent date in English**
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
Legislation Text Access Point
NOTE: Assented to and published in English, with alternative copy in Northern Sotho, except iro notice of assent date in English**
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_20140602] | |
| Waste Management Charges [...Title inserted by Act 2014_026_006_20140602] | |
| 13A. | Pricing strategy for waste management charges [...inserted by Act 2014_026_006_20140602] |
| 13B. | Application of pricing strategy [...inserted by Act 2014_026_006_20140602] |
| 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_20140602] |
| 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_20140602] | |
| 34A. | Establishment of Waste Management Bureau [...inserted by Act 2014_026_013_20140602] |
| 34B. | Determination of policy [...inserted by Act 2014_026_013_20140602] |
| 34C. | Minister's supervisory powers [...inserted by Act 2014_026_013_20140602] |
| 34D. | Objects of Bureau [...inserted by Act 2014_026_013_20140602] |
| 34E. | Functions of Bureau [...inserted by Act 2014_026_013_20140602] |
| 34F. | General powers [...inserted by Act 2014_026_013_20140602] [...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_20140602] [...inserted by Act 2014_026_013_20140602] [...Title substituted by Act 2022_002_064_20220624 - was entitled "Financial management"] |
| 34H. | Qualificatoins[...inserted by Act 2014_026_013_20140602] [...Title substituted by Act 2022_002_064_20220624 - was entitled "Reporting and audit"] |
| 34I. | Appointment procedure [...inserted by Act 2014_026_013_20140602] [...Title substituted by Act 2022_002_064_20220624 - was entitled "Immovable property"] |
| 34J. | Chairperson [...inserted by Act 2014_026_013_20140602] [...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_20140602] [...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_20140602] [...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 repsonsibe for water affairs [... Title amended by Act 2022_002_083_20220624 - was entitled "Compliance powers of Minister of Water Affairs abnd Forestry"] |
| 66. | Waste impact
reports |
| 67. | Offences |
| 68. | Penalties |
| CHAPTER 8. GENERAL MATTERS | |
| Part 1. Regulations | |
| 69. | Regulations by
Minister |
| 69A. | ... [...inserted
by Act 2014_026_014] [...repealed by Act 2022_002_077_20220624 - was entitled "Regulations for Bureau"] |
| 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. ... [s1] [...inserted by Act 2014_026_018] [...repealed by Act 2022_002_084_20220624 - was entitled "SCHEDULE 3. DEFINED WASTES"] |
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