| (1) | The Minister must, with the concurrence of the Minister of Finance, by notice in the Gazette, publish a pricing strategy, contemplated in subsection 13A(5)(b), to achieve the objectives of this Act in relation to waste management or any waste stream, within three months of the commencement of this Act. |
| (2) | The pricing strategy is to contain the basis and a guiding methodology or methodologies for setting waste management charges, including for the funding of— |
| (a) | the implementation of industry waste management plans for those activities that generate specific waste streams; |
| (b) | the re-use, recycling or recovery of waste in previously disadvantaged communities; |
| (c) | the identification, further development and promotion of best practices in the minimisation, re-use, recycling and recovery of waste; |
| (d) | implementation of approved guidelines, norms and standards for the minimisation, re-use, recycling and recovery of waste; |
| (e) | the monitoring of the implementation and impact of industry waste management plans; |
| (f) | the creation and the monitoring of the impacts of incentives and disincentives for the minimisation, re-use, recycling and recovery of waste; or |
| (g) | the management of the disbursements of incentives for the minimisation, re-use, recycling and recovery of waste. |
| (3) | The pricing strategy may differentiate— |
| (a) | in respect of different geographic areas, including on the basis of— |
| (i) | socio-economic aspects within the area in question; |
| (ii) | the physical attributes of each area; or |
| (iii) | the demographic attributes of each area; or |
| (b) | in respect of different types of uses, including on the basis of: |
| (i) | the manner in which the waste is generated or disposed of; |
| (ii) | whether it is re-used, recycled or recovered; or |
| (iii) | whether any previously disadvantaged group is impacted upon or derives any benefit therefrom. |
| (4) | The pricing strategy may provide for a differential rate for waste management charges, including on the basis of— |
| (a) | the characteristics of the waste disposed of; |
| (b) | the volume of the waste disposed of; |
| (c) | the toxicity of the waste disposed of; |
| (d) | the nature and extent of the impact on the environment caused by the waste disposed of; or |
| (e) | the extent of approved deviation from prescribed waste standards or management practices. |
(5)
| (a) | Before setting a pricing strategy for waste management charges under subsection (1) the Minister must publish a notice in the Gazette— |
| (i) | setting out the proposed pricing strategy; |
| (ii) | inviting written comments to be submitted on the proposed strategy, specifying an address to which and a date before which the comments are to be submitted, which date may not be earlier than 60 days after publication of the notice; and |
| (iii) | consider what further steps, if any, are appropriate to bring the contents of the notice to the attention of interested persons, and take those steps which the Minister considers to be appropriate; and |
| (b) | the Minister must consider all comments received on or before the date specified in the notice before publishing the final notice in the Gazette, within 30 days of the date contemplated in paragraph (5)(a)(ii). |
[Section 13A inserted by section 6 of Act No. 26 of 2014]
