Chapter 7: Compliance and enforcement

65. Compliance powers of Minister of Water Affairs and Forestry

  1. Despite the powers conferred on the Minister or MEC by or under this Act, the Minister ofWater Affairs and Forestry may exercise any powers conferred on him or her by section 19, 53 and 155 or the National Water Act, 1998 (Act No. 36 of 1998), in respect of a person who contravenes or fails to comply with any condition of a waste management licence, a remediation order or measures specified in terms of section 38(3) that may lead to an impact on a water resource.
  2. The Minister ofWater Affairs and Forestry must exercise the powers contemplated in subsection (1) after consultation with the Minister or MEC.

66. Waste impact reports

  1. An environmental management inspector appointed in terms of the National Environmental Management Act may, in writing, require any person to submit a waste impact report in a specified form and within a specified period to the environmental management inspector if the environmental management inspector on reasonable grounds suspects that such person has on one or more occasions contravened or failed to comply with this Act or any conditions of a waste management licence or exemption and that the contravention or failure has had or is likely to have a detrimental effect on health or the environment, including social conditions, economic conditions, ecological conditions or cultural heritage, or has contributed to the degradation of the environment.
  2. Awaste management officer may, in writing, require any person to submit a waste impact report in a specified form and within a specified period to the waste management officer if a review of a waste management licence is undertaken in terms of section 53.
  3. An environmental management inspector or waste management officer must stipulate the documentation and information that should be included in a report submitted in terms of subsection (1) or (2).
  4. Before making a request in terms of subsection (1) an environmental management inspector must afford the person to whom the request is to be made an opportunity to show cause why a waste impact report should not be required.
  5. A waste management officer may indicate that a waste impact report to be submitted in terms of subsection (1) or (2) must be compiled by an independent person.
  6. The costs incurred in compiling a waste impact report, including any costs of an independent person, are the liability of the person required to submit the report.
  7. If the person who is required to submit a waste impact report in terms of subsection (1) or (2) fails to submit the report within the specified period, the waste management officer may -
    1. appoint an independent person to compile the report; and
    2. recover the cost of compiling the report from the person required to submit the report.

67. Offences

  1. A person commits an offence if that person -
    1. contravenes or fails to comply with a provision of section 15, 16(1) (c), (d), (e) or (f), 20, 26(1), or any order under section 38(2) or (3) or a notice under section 17(2) or 18(1);
    2. contravenes or fails to comply with a provision of section 21, 22(1), 24, 27(2), 36(5) or 40(1);
    3. fails to submit or to prepare an industry waste management plan when required to do so in terms of section 28;
    4. contravenes or fails to comply with an industry waste management plan;
    5. contravenes or fails to comply with a waste management measure specified in terms of section 14(4) or 33(1);
    6. contravenes or fails to comply with a norm or standard established in terms of this Act;
    7. fails to conduct a site assessment or to submit a site assessment report in terms of section 37(1);
    8. contravenes or fails to comply with a condition or requirement of a waste management licence or an integrated licence contemplated in section 44;
    9. fails to submit a waste impact report required in terms of section 66(1) or (2);
    10. contravenes or fails to comply with a condition subject to which exemption from a provision of this Act was granted in terms of section 76(3)(c);
    11. knowingly supplies false or misleading information in any application made in terms of this Act;
    12. knowingly supplies false or misleading information to a waste management officer or environmental management inspector for the purpose of this Act;
    13. fails to provide the information contemplated in section 29(5) or 63(4).
  2. A person who is in control of a vehicle, or in a position to control the use of a vehicle, that is used to transport waste for the purpose of offloading that waste, is guilty of an offence if that person -
    1. fails to take all reasonable steps to prevent spillage of waste or littering from the vehicle;
    2. intentionally or negligently cause spillage or littering from the vehicle;
    3. dispose of waste at a facility which is not authorised to accept such waste;
    4. fails to ensure that waste is disposed of at a facility that is authorised to accept such waste; or
    5. fails to comply with any duty set out in section 25(4).

68. Penalties

  1. A person convicted of an offence referred to in section 67(1)(a), (g) or (h) is liable to a fine not exceeding R10 000 000 or to imprisonment for a period not exceeding 10 years, or to both such fine and such imprisonment, in addition to any other penalty or award that may be imposed or made in terms of the National Environmental Management Act.
  2. Aperson convicted of an offence referred to in section 67(1)(b), (c), (d), (e), (f), (i), (j), (k) or (l) or section 67(2)(a), (b), (c), (d) or (e) is liable to a fine not exceeding R5 000 000 or to imprisonment for a period not exceeding five years, or to both a fine and such imprisonment, in addition to any other penalty or award that may be imposed or made in terms of the National Environmental Management Act.
  3. Any person convicted of an offence referred to in section 67(1)(m) is liable to a fine or to imprisonment for a period not exceeding six months or to both a fine and such imprisonment.
  4. Aperson who is convicted of an offence in terms of this Act and who persists after conviction in the act or omission that constituted the offence commits a continuing offence and is liable on conviction to a fine not exceeding R1 000 or to imprisonment for a period not exceeding 20 days, or to both such fine and such imprisonment, in respect of each day that person persists with that act or omission.
  5. A fine contemplated in subsection (1), (2), (3) or (4) must be determined with due consideration of -
    1. the severity of the offence in terms of its impact or potential impact on health, well-being, safety and the environment; and
    2. the monetary or other benefits that accrued to the convicted person through the commission of the offence.