1. The Minister is the licensing authority where-
   
   1. unless otherwise indicated by the Minister by notice in the Gazette, 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;
   2. the waste management activity involves obligations in terms of an international obligation, including the importation or exportation of hazardous waste;
   3. the waste management activity is to be undertaken by-
      
      1. a national department;
      2. a provincial department responsible for environmental affairs; or
      3. a statutory body, excluding any municipality, performing an exclusive competence of the national sphere of government;
   4. the waste management activity will affect more than one province or traverse international boundaries; or
   5. two or more waste management activities are to be undertaken at the same facility and the Minister is the licensing authority for any one of those activities.
2. Subject to subsection (1), the MEC of the province in which the waste management activity is being or is to be carried out is the licensing authority.
3. Despite subsections (1) and (2), the Minister and an MEC may agree that an application or applications for waste management licences regarding any waste management activity-
   
   1. referred to in subsection (1), may be dealt with by the MEC; or
   2. in respect of which the MEC has been identified as the licensing authority, may be dealt with by the Minister.

1. For the purposes of issuing a licence for a waste management activity, the licensing authority must as far as practicable in the circumstances co-ordinate or consolidate the application and decision-making processes contemplated in this Chapter with the decision-making process in Chapter 5 of the National Environmental Management Act and other legislation administered by other organs of state, without whose authorisation or approval or consent the activity may not commence, or be undertaken or conducted.
2. If the licensing authority decides to issue a licence it may, for the purposes of achieving coordination-
   
   1. issue an integrated licence jointly with the other organs of state contemplated in subsection (1), which licence grants approval in terms of this Act and any other legislation specified in the licence; or
   2. issue the licence as part of a consolidated authorisation consisting of different authorisations issued under different legislation by the persons competent to do so, that have been consolidated into a single document in order to ensure that the conditions that are imposed by each competent authority are comprehensive and mutually consistent.
3. If an integrated licence contemplated in subsection (2)(a) is to be regarded as a valid authorisation or approval for the purposes of other legislation specified in the integrated licence, then the decision-making process for issuing that integrated licence must comply with both the requirements of this Act and of that other legislation.
4. An integrated licence must-
   
   1. specify the statutory provisions in terms of which it has been issued;
   2. identify the authority or authorities that have issued it;
   3. indicate to whom applications for any amendment or cancellation of the integrated licence must be made; and
   4. indicate the appeal procedure to be followed.
5. An integrated licence may be enforced in terms of this Act and any other Act in terms of which it has been issued: Provided that a condition of an integrated licence may only be enforced in terms of the legislation that authorises the imposition of such a condition.
6. Where an integrated licence procedure or a consolidated authorisation procedure is established in terms of this section, the provisions of this Chapter must be read with the necessary changes as the context may require to enable a single application procedure or combined application procedure to be followed.
7. An integrated licence must be regarded as an integrated environmental authorisation contemplated in section 24L of the National Environmental Management Act.

1. A person who requires a waste management licence must apply for the licence by lodging an application with the licensing authority.
2. An application for a waste management licence must be accompanied by-
   
   1. the prescribed processing fee; and
   2. such documentation and information as may be reasonably required by the licensing authority.
3. A person who requires a waste management licence for a waste management activity which involves the treatment of waste by incineration must submit, together with any documentation or information contemplated in subsection (2), information on-
   
   1. the types of waste that will be incinerated;
   2. the existence of any incinerators in the jurisdiction of the licensing authority which are authorised to incinerate waste which is substantially similar to that waste; and
   3. alternative environmentally sound methods, if any, that could be used to treat that waste.

1. The licensing authority may by written notice to an applicant require that applicant, or by notice in the Gazette require applicants, at own cost, to appoint an independent and suitably qualified person to manage an application.
2. If an applicant is required to appoint an independent person, the applicant must-
   
   1. take all reasonable steps to verify that the person to be appointed is independent and has expertise in the managing of waste management licence applications; and
   2. provide the appointed person with access to all information at the disposal of the applicant reasonably required for the application, whether or not that information is favourable to the applicant.

1. The licensing authority-
   
   1. may, by written notice, require the applicant, at the applicant's cost, to obtain and provide it within a specified period with any other information in addition to the information contained in or submitted in connection with the application;
   2. may conduct its own investigation on the likely effect of the waste management activity on health and the environment;
   3. must invite written comments from any organ of state that has an interest in the matter; and
   4. must afford the applicant an opportunity to make representations on any adverse statements or objections to the application.
2. An applicant must take appropriate steps to bring the application to the attention of relevant organs of state, interested persons and the public.
3. The steps contemplated in subsection (2) must include the publication of a notice in at least two newspapers circulating in the area in which the waste management activity applied for is to be carried out.
4. The notice contemplated in subsection (3) must-
   
   1. describe the nature and purpose of the waste management licence applied for;
   2. give particulars of the waste management activity, including the place where it is or is to be carried out;
   3. state where further information on the waste management activity can be obtained;
   4. stating a reasonable period within which written representations on, or objections to, the application may be submitted, and the address or place where representations or objections must be submitted; and
   5. contain such other particulars as the licensing authority may require.

When considering an application for a waste management licence, the licensing authority must take into account all relevant matters, including-

1. the need for, and desirability of, the waste management activity and alternatives considered, including similar waste management activities, if any, that have already been licensed;
2. the pollution caused or likely to be caused by the activity that is the subject of the application, whether alone or together with existing operations or pollution and the effect or likely effect of that pollution on the environment, including health, social conditions, economic conditions and cultural heritage;
3. the best practicable environmental options available and alternatives that could be taken-
   
   1. to prevent, control, abate or mitigate pollution; and
   2. to protect the environment, including health, social conditions, economic conditions and cultural heritage from harm as a result of the undertaking of the waste management activity;
4. any increased health and environmental risks that may arise as a result of the location where the waste management activity will be undertaken;
5. any reasons for a decision made in terms of regulations issued under section 24 of the National Environmental Management Act;
6. whether the applicant is a fit and proper person as contemplated in section 59;
7. the applicant's submissions;
8. any submissions received from organs of state, interested persons and the public; and
9. any guidelines the licensing authority may wish to issue relevant to the application.

1. The licensing authority may in respect of an application for a waste management licence-
   
   1. grant the application;
   2. refuse the application; or
   3. reject the application where it does not comply with the requirements of this Act.
2. A decision to grant a application for a waste management licence in respect of a waste disposal facility is subject to the concurrence of the Minister of Water Affairs and Forestry.
3. Any decision by a licensing authority to grant an application for a waste management licence must be consistent with-
   
   1. this Act, including any integrated waste management plans prepared in terms of this Act;
   2. any applicable national environmental management policies and, where the MEC is the licensing authority, any applicable provincial environmental management policies;
   3. the national environmental management principles set out in section 2 of the National Environmental Management Act;
   4. any applicable industry waste management plan;
   5. the objectives of any applicable waste management plan; and
   6. any standards or requirements that have been set in terms of this Act or the waste management licence.
4. After a licensing authority has reached a decision in respect of an application for a waste management licence, it must within 20 days-
   
   1. notify the applicant of the decision and give written reasons for the decision;
   2. if the decision is to grant the application, issue a waste management licence; and
   3. in a manner determined by the licensing authority, instruct the applicant to notify any persons who have objected to the application of the decision and the reasons for the decision.
5. An application which is substantially similar to a previous application that has been refused in terms of subsection (1)(b) may only be resubmitted if-
   
   1. the new application contains new and material information not previously submitted to the licensing authority; or
   2. a period of three years has elapsed since the application was lodged.
6. An application which is rejected in terms of subsection (1)(c) may be amended and resubmitted to the licensing authority for reconsideration.

1. A waste management licence is subject to such conditions and requirements-
   
   1. as specified in terms of section 51;
   2. as the licensing authority may determine and specify in the licence; and
   3. as the Minister or MEC has prescribed for the waste management activity in question.
2. The licensing authority may issue a single waste management licence where the applicant has applied to undertake more than one waste management activity at the same location.
3. The issuing of a waste management licence for a waste disposal facility is subject to the inclusion in the licence of any conditions contained in a Record of Decision issued by the Minister of Water Affairs and Forestry regarding any measures that the Minister of Water Affairs and Forestry considers necessary to protect a water resource as defined in the National Water Act, 1998 (Act No. 36 of 1998).

1. A waste management licence must specify-
   
   1. the waste management activity in respect of which it is issued;
   2. the premises or area of operation where the waste management activity may take place;
   3. the person to whom it is issued;
   4. the period from which the waste management activity may commence;
   5. the period for which the licence is issued and period within which any renewal of the licence must be applied for;
   6. the name of the licensing authority;
   7. the periods at which the licence may be reviewed, if applicable;
   8. the amount and type of waste that may be generated, handled, processed, stored, reduced, re-used, recycled, recovered or disposed of;
   9. if applicable, the conditions in terms of which salvaging of waste may be undertaken;
   10. any other operating requirements relating to the management of the waste; and
   11. monitoring, auditing and reporting requirements.
2. A waste management licence may-
   
   1. specify conditions in respect of the reduction, re-use, recycling and recovery of waste;
   2. specify conditions for the decommissioning of a waste disposal facility or cessation of the waste management activity;
   3. require the holder of a waste management licence to establish committees for the participation of interested and affected parties;
   4. 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;
   5. require the holder of a waste management licence to undertake remediation work;
   6. 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;
   7. 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-
      
      1. the extent to which the conditions and requirements of the licence have or have not been complied with;
      2. particulars of any failure to comply with any of those conditions or requirements;
      3. the reasons for any failure to comply with any of those conditions or requirements; and
      4. any action taken, or to be taken, to prevent any recurrence of that failure or to mitigate the effects of that failure; and
   8. include any other matters which are necessary for the protection of the environment.

1. If ownership of a waste management activity for which a waste management licence was issued is transferred, the holder may, with the permission of a licensing authority, transfer the licence to the new owner of the waste management activity.
2. A person applying for permission to transfer a waste management licence must lodge the application with the licensing authority.
3. The application must be in the form required by the licensing authority.
4. An application for the transfer of a waste management licence must be accompanied by-
   
   1. the prescribed processing fee; and
   2. such documentation and information as may be reasonably required by the licensing authority.
5. If the environment or the rights or interests of other parties are likely to be adversely affected, the Minister or MEC must, before deciding the application for transfer, request the applicant to conduct a consultation process that may be appropriate in the circumstances to bring the application for the transfer of a waste management licence to the attention of relevant organs of state, interested persons and the public.
6. When considering an application for the transfer of a waste management licence, the licensing authority may request any additional information, and must take into account all relevant matters, including whether the person to whom the licence is to be transferred is a fit and proper person as contemplated in section 59.
7. If the licensing authority's decision is to grant permission for the transfer of the waste management licence, the licensing authority-
   
   1. must issue an amended licence which reflects the details of the person to whom the licence is being transferred; and
   2. may make such amendments to the licence as are necessary to ensure that the purpose of any financial arrangements that are required in that licence are given effect to.
8. The transfer of a waste management licence does not relieve the holder of the licence from whom the licence was transferred of any liability that the licence holder may have incurred whilst he or she was the holder of that licence.

1. A licensing authority must review a waste management licence at intervals specified in the licence, or when circumstances demand that a review is necessary.
2. The licensing authority must inform the holder of the waste management licence, in writing, of any proposed review and the reason for such review if the review is undertaken at another interval than is provided for in a waste management licence.
3. For purposes of the review, a waste management officer may require the holder of the waste management licence to compile and submit a waste impact report contemplated in section 66.

1. A licensing authority may, by written notice to the holder of a waste management licence, vary the licence-
   
   1. if it is necessary or desirable to prevent pollution;
   2. if it is necessary or desirable for the purposes of achieving waste management standards or minimum requirements;
   3. if it is necessary or desirable to accommodate demands brought about by impacts on socio-economic circumstances and it is in the public interest to meet those demands;
   4. to make a non-substantive amendment;
   5. at the written request of the holder of the waste management licence; or
   6. if it is reviewed in terms of section 53.
2. The variation of a waste management licence includes -
   
   1. the attaching of an additional condition or requirement to the waste management licence;
   2. the substitution of a condition or requirement;
   3. the removal of a condition or requirement; or
   4. the amendment of a condition or requirement.
3. If a licensing authority receives a request from the holder of a waste management licence in terms of subsection (1)(e), the licensing authority must require the licence holder to take appropriate steps to bring the request to the attention of relevant organs of state, interested persons and the public if the variation of the licence is to authorise an increase in the environmental impact regulated by the waste management licence.
4. Steps in terms of subsection (3) must include the publication of a notice in at least two newspapers circulating in the area in which the waste management activity authorised by the waste management licence is or is to be carried out.
5. The notice contemplated in subsection (4) must-
   
   1. describe the nature and purpose of the request;
   2. give particulars of the waste management activity, including the place where it is, or is to be, carried out;
   3. state a reasonable period within which written representations on, or objections to, the request may be submitted, and the address or place where representations or objections must be submitted; and
   4. contain such other particulars as the licensing authority may require.
6. Sections 47, 48 and 49 apply with the changes required by the context to the variation of a waste management licence.

1. A waste management licence may, on application by the holder of the licence, be renewed by a licensing authority.
2. The holder of a waste management licence must, before the expiry date of the licence and within the period specified in the licence, apply for the renewal of the licence to the licensing authority of the area in which the activity is carried out by lodging an application with the licensing authority in the form required by the licensing authority.
3. An application for the renewal of a waste management licence must be accompanied by-
   
   1. the prescribed processing fee; and
   2. such documentation and information as may reasonably be required by the licensing authority.
4. If the environment or the rights or interests of other parties are likely to be adversely affected, the licensing authority must, before deciding the application, request the applicant to conduct a consultation process that may be appropriate in the circumstances to bring the application for the renewal of a waste management licence to the attention of relevant organs of state, interested persons and the public.
5. Sections 47, 48, 49 and 51 apply with the changes required by the context to an application for the renewal of a waste management licence.
6. If the holder of a waste management licence does not apply for renewal of that licence, the licence holder remains liable for taking all measures that are necessary to ensure that the cessation of the activity that was authorised by the licence is done in a manner that does not result in harm to health or the environment.

1. The licensing authority may, by written notice to the holder of a waste management licence, revoke or suspend that licence if the licensing authority is of the opinion that the licence holder has contravened a provision of this Act or a condition of the licence and such contravention may have, or is having, a significant effect on health or the environment.
2. The licensing authority may not revoke or suspend a waste management licence before it has-
   
   1. consulted relevant organs of state;
   2. afforded the holder of the waste management licence an opportunity to make a submission in respect of the intended revocation or suspension; and
   3. in the event that the holder has made a submission contemplated in paragraph (b), the licensing authority has considered that submission.
3. Despite subsection (2), if urgent action is necessary for the protection of the environment, the licensing authority may immediately issue a notice of revocation or suspension and, as soon thereafter as is possible, consult with relevant organs of state and give the holder of the waste management licence an opportunity to make a submission.

1. A holder of a waste management licence may surrender that licence with the permission of the licensing authority.
2. In considering a request to surrender a waste management licence, the licensing authority may-
   
   1. request such information as it requires to consider the request; and
   2. require the licence holder to take such steps as it considers necessary for the protection of the environment before accepting that surrender of the licence.
3. The surrender of a waste management licence does not relieve the holder of the licence of any liability that the licence holder may have incurred whilst he or she was the holder of that licence.

1. A waste management officer may require the holder of a waste management licence to designate a waste management control officer, having regard to the size and nature of the waste management activity for which the licence was granted.
2. A waste management control officer must-
   
   1. work towards the development and introduction of clean production technologies and practices to achieve waste minimisation;
   2. identify and submit potential measures in respect of waste minimisation, including the reduction, recovery, re-use and recycling of waste to the waste management licence holder and the licensing authority;
   3. take all reasonable steps to ensure compliance by the holder of the waste management licence with the licence conditions and requirements and the provisions of this Act; and
   4. promptly report any non-compliance with any licence conditions or requirements or provisions of this Act to the licensing authority through the most effective means reasonably available.
3. This section does not affect the liability of the holder of a waste management licence or the liability of that licence holder to comply with the conditions and requirements of the licence.

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-

1. 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;
2. 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 authorisation;
3. that person is or has been a director or senior manager of a company, firm or entity to whom paragraph (a) or (b) applies;
4. that person has the ability to comply with this Act and any conditions subject to which the application may be granted; and
5. the management of the waste management activity that is the subject of the application will be in the hands of a technically competent person.