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

Chapter 5 : Licensing of Waste Management Activities

44. Co-operative governance in waste management licence applications
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(1)For the purposes of issuing a licence for a waste management activity, the licensing authority must as far as practicable in the circumstances co-ordinate or consolidate the application and decision-making processes contemplated in this Chapter with the decision-making process in Chapter 5 of the National Environmental Management Act and other legislation administered by other organs of state, without whose authorisation or approval or consent the activity may not commence, or be undertaken or conducted.

 

(2)If the licensing authority decides to issue a licence it may, for the purposes of achieving co-ordination–
(a)issue an integrated licence jointly with the other organs of state contemplated in subsection (1), which licence grants approval in terms of this Act and any other legislation specified in the licence; or
(b)issue the licence as part of a consolidated authorisation consisting of different authorisations issued under different legislation by the persons competent to do so, that have been consolidated into a single document in order to ensure that the conditions that are imposed by each competent authority are comprehensive and mutually consistent.

 

(3)If an integrated licence contemplated in subsection (2)(a) is to be regarded as a valid authorisation or approval for the purposes of other legislation specified in the integrated licence, then the decision-making process for issuing that integrated licence must comply with both the requirements of this Act and of that other legislation.

 

(4)An integrated licence must—
(a)specify the statutory provisions in terms of which it has been issued;
(b)identify the authority or authorities that have issued it;
(c)indicate to whom applications for any amendment or cancellation of the integrated licence must be made; and
(d)indicate the appeal procedure to be followed.

 

(5)An integrated licence may be enforced in terms of this Act and any other Act in terms of which it has been issued: Provided that a condition of an integrated licence may only be enforced in terms of the legislation that authorises the imposition of such a condition.

 

(6)Where an integrated licence procedure or a consolidated authorisation procedure is established in terms of this section, the provisions of this Chapter must be read with the necessary changes as the context may require to enable a single application procedure or combined application procedure to be followed.

 

(7)An integrated licence must be regarded as an integrated environmental authorisation contemplated in section 24L of the National Environmental Management Act.