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

Chapter 5 : Licensing of Waste Management Activities

59. Criteria for fit and proper persons

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In order to determine whether a person is a fit and proper person for the purposes of an application in terms of this Chapter, a licensing authority must take into account all relevant facts, including whether—

(a)that person has contravened or failed to comply with this Act, the Environment Conservation Act, the National Environmental Management Act or any other legislation applicable to waste management;
(b)that person has held a waste management licence or other authorisation that has been suspended or revoked or that person has not complied with a material condition of such waste management licence or authorization;
(c)that person is or has been a director or senior manager of a company, firm or entity to whom paragraph (a) or (b) applies;
(d)that person has the ability to comply with this Act and any conditions subject to which the application may be granted; and
(e)the management of the waste management activity that is the subject of the application will be in the hands of a technically competent person.