| (1) | Despite section 19 and in accordance with the risk averse and cautious approach contemplated in section 2(4)(a)(vii) of the National Environmental Management Act, 1998, the Minister may by notice in the Gazette prohibit or restrict the granting of a waste management licence by the licensing authority for a listed activity in a specified geographical area for such period and on such terms and conditions as the Minister may determine, if it is necessary in order to ensure protection of the environment, conservation of resources, sustainable development or human health and well-being. |
| (2) | A prohibition or restriction contemplated in subsection (1) does not affect the undertaking of activities authorised by means of a waste management licence prior to the prohibition becoming effective. |
| (3) | Where the prohibition or restriction affects the exercise of a power that the MEC has in terms of this Act, the prohibition or restriction contemplated in subsection (1) may be published in the Gazette after consulting the MEC affected by the prohibition or restriction notice. |
| (4) | The Minister may by notice in the Gazette— |
| (a) | lift a prohibition or restriction made in terms of subsection (1) if the circumstances which caused the Minister to prohibit or restrict no longer exist; or |
| (b) | amend any period, term or condition applicable to any prohibition or restriction made in terms of subsection (1) if the circumstances which caused the Minister to prohibit or restrict have changed. |
| (5) | Before acting in terms of subsection (1), the Minister must— |
| (a) | consult all Cabinet members whose areas of responsibility will be affected by the exercise of the power; |
| (b) | consult the MEC that will be affected by the exercise of the power; and |
| (c) | publish a notice in the Gazette inviting members of the public to submit to the Minister, within 30 days of publication of the notice in the Gazette, written representations on the proposed prohibition or restriction. |
[Section 20A inserted by section 20 of Act No. 25 of 2014]
