National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)

Chapter 4 : Waste Management Measures

Part 3 : Reduction, re-use, recycling and recovery of waste

17. Reduction, re-use, recycling and recovery of waste

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(1)Unless otherwise provided for in this Act, any person who undertakes an activity involving the reduction, re-use, recycling or recovery of waste must, before undertaking that activity, ensure that the reduction, re-use, recycling or recovery of the waste—
(a)uses less natural resources than disposal of such waste; and
(b)to the extent that it is possible, is less harmful to the environment than the disposal of such waste.

 

(2)The Minister may, after consultation with the Minister of Trade and Industry and by notice in the Gazette, require any person or category of persons to—
(a)provide for the reduction, re-use, recycling and recovery of products or components of a product manufactured or imported by that person; or
(b)include a determined percentage of recycled material in a product that is produced, imported or manufactured by that person or category of persons.

 

(3)
(a)Before publishing a notice in terms of subsection (2), or any amendment to the notice, the Minister must follow a consultative process in accordance with sections 72 and 73.
(b)Paragraph (a) need not be complied with if the notice is amended in a non-substantive manner.