National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)RegulationsWaste Exclusion Regulations, 2018Chapter 4 : General Matters13. Transitional arrangements |
| (1) | A person who lawfully commenced any permitted use authorised in terms of section 76(1)(a) of the Act when these Regulations come into effect must continue to comply with the conditions of the exemption issued in terms of section 76(1)(a) of the Act until its expiry, and thereafter conduct a risk assessment and develop a risk management plan in terms of regulation 7, B and 9 within 90 days after the expiry of the exemption. |
| (2) | A person who lawfully conducts a waste management activity with a valid waste management license issued in terms of the Act when these Regulations come into effect must continue to comply with the conditions of the waste management license until its expiry, and thereafter conduct a risk assessment and develop a risk management plan in terms of regulation 7, 8 and 9 within 90 days after the expiry of the waste management licence. |
| (3) | A risk assessment and a risk assessment plan contemplated in subregulation (1) and (2) must be submitted to the Minister after the expiry of the 90 days period contemplated in subregulation (1) and (2), for consideration, and a decision in terms of these Regulations. |
| (4) | Minister must follow the process and procedure set out in regulation 6(2), (3) and (4) read with regulation 7, 8 and 9 in consideration of the risk assessment and risk assessment plan contemplated in sub -regulation (1) and (2). |
| (5) | Despite the expiry of the exemption or waste management license contemplated in subregulation (1) or (2), an exemption issued in terms of section 76(1)(a) of the Act or a waste management license issued in terms of the Act, continues to be valid for a period of 120 days after its expiry, subject to subregulation (6), and provided the holder of the exemption or waste management licence submits the risk assessment and risk management plan in terms of regulation 7, 8 and 9 for consideration and a decision by the Minister. |
| (6) | If a holder of a permitted use or waste management license contemplated in subregulation (1) or (2) fails to conduct a risk assessment, develop a risk management plan, and to submit risk assessment and risk management plan to the Minister for consideration and decision as contemplated in subregulation (1), (2) and (3), the exemption or waste management license expires after the 120 days contemplated in subregulation (5). |
| (7) | If during the 120 days period referred to in subregulation (5) an exclusion of a waste stream or a portion of a waste stream is granted, the exemption or waste management license expires on the date of granting of the exclusion in terms of these Regulations. |
| (8) | Any application for an exemption submitted in terms of section 74 of the Act which was not decided when these Regulations took effect, must be proceeded with in terms of these Regulations as if such application was an application in terms of regulation 5 of these Regulations. |