National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)Chapter 5 : Licensing of Waste Management Activities51. Contents of waste management licences |
| (1) | A waste management licence must specify— |
| (a) | the waste management activity in respect of which it is issued; |
| (b) | the premises or area of operation where the waste management activity may take place; |
| (c) | the person to whom it is issued; |
| (d) | the period from which the waste management activity may commence; |
| (e) | the period for which the licence is issued and period within which any renewal of the licence must be applied for; |
| (f) | the name of the licensing authority; |
| (g) | the periods at which the licence may be reviewed, if applicable; |
| (h) | the amount and type of waste that may be generated, handled, processed, stored, reduced, re-used, recycled, recovered or disposed of; |
| (i) | if applicable, the conditions in terms of which salvaging of waste may be undertaken; |
| (j) | any other operating requirements relating to the management of the waste; and |
| (k) | monitoring, auditing and reporting requirements. |
| (2) | A waste management licence may— |
| (b) | specify conditions for the decommissioning of a waste disposal facility or cessation of the waste management activity; |
| (c) | require the holder of a waste management licence to establish committees for the participation of interested and affected parties; |
| (d) | provide that the licence is subject to the holder of a waste management licence providing an environmental management plan, contemplated in section 11 of the National Environmental Management Act, to the satisfaction of the licensing authority; |
| (e) | require the holder of a waste management licence to undertake remediation work; |
| (f) | specify the financial arrangements that the holder of a waste management licence must make for the undertaking of remediation work during the operation of the waste management activity or on decommissioning of the waste management activity; |
| (g) | require the holder of the waste management licence to comply with all lawful requirements of an environmental management inspector carrying out his or her duties in terms of the National Environmental Management Act, including a requirement that the licence holder must, on request, submit to the inspector a certified statement indicating— |
| (i) | the extent to which the conditions and requirements of the licence have or have not been complied with; |
| (ii) | particulars of any failure to comply with any of those conditions or requirements; |
| (iii) | the reasons for any failure to comply with any of those conditions or requirements; and |
| (iv) | any action taken, or to be taken, to prevent any recurrence of that failure or to mitigate the effects of that failure; and |
| (h) | include any other matters which are necessary for the protection of the environment. |