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

Chapter 4 : Waste Management Measures

Part 7 : Industry waste management plans

32. Consideration of industry waste management plans
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(1)The Minister, acting in terms of section 28(1) or 29(1), or the MEC acting in terms of section 28(2), may on receipt of an industry waste management plan—
(a)approve the plan in writing, with any amendments or conditions, and give directions for the implementation of the plan;
(b)require additional information to be furnished and a revised plan to be submitted within timeframes specified by the Minister or MEC for approval;
(c)require amendments to be made to the plan within timeframes specified by the Minister or MEC; or
(d)reject the plan with reasons if it does not comply with the requirements of a notice in terms of section 28(1) or (2) or 29(1), as the case may be, or if a consultation process in accordance with section 31 was not followed.

[Subsection (1)(d) amended by section 10(b) of Act No. 26 of 2014]

[Subsection 1 amended by section 10(a) of Act No. 26 of 2014]

 

(2)Any failure to comply with a requirement referred to in subsection (1)(b) or (c) within the timeframes specified by the Minister or the MEC is regarded as constituting a failure to submit an industry waste management plan.

 

(3)An industry waste management plan that has been rejected in terms of subsection (1)(d) may be amended and resubmitted to the Minister or MEC.

 

(4)On receipt of any information or amendments requested in terms of subsection (1)(b) or (c), or any amended industry waste management plan resubmitted in terms of subsection (2) for the first time, the Minister or MEC must reconsider the plan.

 

(5)An approval in terms of subsection (1)(a) must at least specify the period for which the approval is issued, which period may be extended by the Minister or MEC.

 

(5A)The Minister or the MEC, as the case may be, must in accordance with sections 72 and 73, follow such consultation process, as may be appropriate under the circumstances, before considering the industry waste management plan for approval in terms of section 28(1) or (2).

[Subsection 5A inserted by section 10(c) of Act No. 26 of 2014]

 

(6)Notice must be given in the relevant Gazette of any industry waste management plan that has been prepared in terms of section 28 and that has been approved by the Minister or MEC, as the case may be.

 

(7)An industry waste management plan that has been prepared by an organ of state in terms of section 29 and that has been approved by the Minister or MEC, as the case may be, must be published in the relevant Gazette, together with an indication of when and how the plan must be implemented, if applicable.

[Subsection 7 amended by section 10(d) of Act No. 26 of 2014]