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

Notice No. 3968

17 October 2023

GG 49511

Department of Forestry, Fisheries and the Environment

I, Barbara Dallas Creecy, Minister of Forestry, Fisheries and the Environment, hereby determine the licensing authority for the different classes of landfills in terms of sections 43(1)(a), read with section 43(3) of the National Environmental Management:  Waste Act, 2008 (Act No. 59 of 2008), as set out in the Schedule hereto.

Section 43(1)(a) of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) (NEM: WA) stipulates that the national Minister responsible for the environment is the licensing authority in the instances where the waste management activity involves the establishment, operation, cessation or decommissioning of a facility at which hazardous waste has been or is to be stored, treated or disposed of, unless otherwise indicated by the Minister by notice in the Government Gazette.

Section 43(3) of NEM: WA makes provision that the Minister and Members of the Executive Committee Council (MECs) of the provincial Departments responsible for the environment (Waste Management) in the provinces may agree that an application or applications for waste management licenses regarding any waste management activity of which the Minister has been identified as the licensing authority, may be dealt with by the MEC, and similarly any waste management activity of which the MEC has been identified as the licensing authority may be dealt with by the Minister.

The intention of the Notice therefore is to inform the public of the agreements reached between the Minister and the affected MECs, and to clearly indicate who the licensing authority is in a specific instance.

Any enquiries in connection with the notice can be directed to Ms Mishelle Govender on 082 652 8410, or by email to:

[email protected]

Barbara Dallas Creecy

Minister of Forestry, Fisheries and the Environment