In this Act, unless the context indicates otherwise-

"acceptable exposure" means the exposure of the maximum permissible concentration of a substance to the environment that will have a minimal negative effect on health or the environment;

"associated structures and infrastructure", when referred to in Schedule 1, means any building or infrastructure that is necessary for the functioning of a facility or waste management activity or that is used for an ancillary service or use from the facility;

"best practicable environmental option" means the option that provides the most benefit or causes the least damage to the environment as a whole, at a cost acceptable to society, in the long term as well as in the short term;

"building and demolition waste" means waste, excluding hazardous waste, produced during the construction, alteration, repair or demolition of any structure, and includes rubble, earth, rock and wood displaced during that construction, alteration, repair or demolition;

"business waste" means waste that emanates from premises that are used wholly or mainly for commercial, retail, wholesale, entertainment or government administration purposes;

"by-product" means a substance that is produced as part of a process that is primarily intended to produce another substance or product and that has the characteristics of an equivalent virgin product or material;

"clean production" means the continuous application of integrated preventative environmental strategies to processes, products and services to increase overall efficiency and to reduce the impact of such processes, procedures and services on health and the environment;

"commence" means the start of any physical activity, including site preparation or any other activity on the site in furtherance of a waste management activity, but does not include any activity required for investigation or feasibility study purposes as long as such investigation or feasibility study does not constitute a waste management activity;

"Constitution" means the Constitution of the Republic of South Africa, 1996;

"container" means a disposable or re-usable vessel in which waste is placed for the purposes of storing, accumulating, handling, transporting, treating or disposing of that waste, and includes bins, bin-liners and skips;

"contaminated", in relation to Part 8 of Chapter 4, means the presence in or under any land, site, buildings or structures of a substance or micro-organism above the concentration that is normally present in or under that land, which substance or micro-organism directly or indirectly affects or may affect the quality of soil or the environment adversely;

"decommissioning", in relation to waste treatment, waste transfer or waste disposal facilities, means the planning for and management and remediation of the closure of a facility that is in operation or that no longer operates;

"Department" means the Department of Environmental Affairs and Tourism;

"disposal" means the burial, deposit, discharge, abandoning, dumping, placing or release of any waste into, or onto, any land;

"domestic waste" means waste, excluding hazardous waste, that emanates from premises that are used wholly or mainly for residential, educational, health care, sport or recreation purposes;

"environment" has the meaning assigned to it in section 1 of the National Environmental Management Act;

"Environment Conservation Act" means the Environment Conservation Act, 1989 (Act No. 73 of 1989);

"environmentally sound management" means the taking of all practicable steps to ensure that waste is managed in a manner that will protect health and the environment;

"export" means to take or send waste from the Republic to another country or territory;

"extended producer responsibility measures" means measures that extend a person's financial or physical responsibility for a product to the post-consumer stage of the product, and includes-

1. waste minimisation programmes;
2. financial arrangements for any fund that has been established to promote the reduction, re-use, recycling and recovery of waste;
3. awareness programmes to inform the public of the impacts of waste emanating from the product on health and the environment; and
4. any other measures to reduce the potential impact of the product on health and the environment;

"Gazette", when used in relation to-

1. the Minister, means the Government Gazette; and
2. the MEC, means the Provincial Gazette of the province concerned;

"general waste" means waste that does not pose an immediate hazard or threat to health or to the environment, and includes-

1. domestic waste;
2. building and demolition waste;
3. business waste; and
4. inert waste;

"hazardous waste" means any waste that contains organic or inorganic elements or compounds that may, owing to the inherent physical, chemical or toxicological characteristics of that waste, have a detrimental impact on health and the environment;

"high-risk activity" means an undertaking, including processes involving substances that present a likelihood of harm to health or the environment;

"holder of waste" means any person who imports, generates, stores, accumulates, transports, processes, treats, or exports waste or disposes of waste;

"import" means any entry into the Republic other than entry for transit;

"incineration" means any method, technique or process to convert waste to flue gases and residues by means of oxidation;

"industry" includes commercial activities, commercial agricultural activities, mining activities and the operation of power stations;

"industry waste management plan" means a plan referred to in Part 7 of Chapter 4;

"inert waste" means waste that-

1. does not undergo any significant physical, chemical or biological transformation after disposal;
2. does not burn, react physically or chemically biodegrade or otherwise adversely affect any other matter or environment with which it may come into contact; and
3. does not impact negatively on the environment, because of its pollutant content and because the toxicity of its leachate is insignificant;

"integrated waste management plan" means a plan prepared in terms of section 12;

"investigation area" means an area identified as such in terms of section 37;

"licensing authority" means an authority referred to in section 43 and that is responsible for implementing the licensing system provided for in Chapter 5;

"life cycle assessment" means a process where the potential environmental effects or impacts of a product or service throughout the life of that product or service is being evaluated;

"MEC" means the Member of the Executive Council of a province who is responsible for waste management in the province;

"minimisation", when used in relation to waste, means the avoidance of the amount and toxicity of waste that is generated and, in the event where waste is generated, the reduction of the amount and toxicity of waste that is disposed of;

"Minister" means the Minister of Environmental Affairs and Tourism;

"municipality" means a municipality established in terms of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

"Municipal Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);

"National Environmental Management Act" means the National Environmental Management Act, 1998 (Act No. 107 of 1998);

"non-substantive", in relation to the amendment or substitution of a regulation, notice, strategy, licence, approval, or provision thereof, includes-

1. any clerical mistake, unintentional error or omission;
2. the correction of any miscalculated figure; and
3. the correction of any incorrect description of any person, thing, property or waste management activity;

"organ of state" has the meaning assigned to it in section 239 of the Constitution;

"person" has the meaning assigned to it in the Interpretation Act, 1957 (Act No. 33 of 1957), and includes an organ of state;

"pollution" has the meaning assigned to it in section 1 of the National Environmental Management Act;

"prescribe" means prescribe by regulation under this Act;

"priority waste" means a waste declared to be a priority waste in terms of section 14;

"recovery" means the controlled extraction of a material or the retrieval of energy from waste to produce a product;

"recycle" means a process where waste is reclaimed for further use, which process involves the separation of waste from a waste stream for further use and the processing of that separated material as a product or raw material;

"re-use" means to utilise articles from the waste stream again for a similar or different purpose without changing the form or properties of the articles;

"specific environmental management Act" has the meaning assigned to it in section 1 of the National Environmental Management Act;

"storage" means the accumulation of waste in a manner that does not constitute treatment or disposal of that waste;

"sustainable development" has the meaning assigned to it in section 1 of the National Environmental Management Act;

"this Act" includes-

1. any regulations made in terms of this Act;
2. any notice or other subordinate legislation issued or made in terms of this Act; and
3. any regulation or direction that remains in force in terms of section 81;

"transit" means the continuous passage from one border of the Republic to another such border without storage other than temporary storage incidental to transport;

"treatment" means any method, technique or process that is designed to-

1. change the physical, biological or chemical character or composition of a waste; or
2. remove, separate, concentrate or recover a hazardous or toxic component of a waste; or
3. destroy or reduce the toxicity of a waste,

in order to minimise the impact of the waste on the environment prior to further use or disposal;

"waste" means any substance, whether or not that substance can be reduced, re-used, recycled and recovered-

1. that is surplus, unwanted, rejected, discarded, abandoned or disposed of;
2. which the generator has no further use of for the purposes of production;
3. that must be treated or disposed of; or
4. that is identified as a waste by the Minister by notice in the Gazette, and includes waste generated by the mining, medical or other sector, but-
   
   1. a by-product is not considered waste; and
   2. any portion of waste, once re-used, recycled and recovered, ceases to be waste;

"waste disposal facility" means any site or premise used for the accumulation of waste with the purpose of disposing of that waste at that site or on that premise;

"waste management activity" means any activity listed in Schedule 1 or published by notice in the Gazette under section 19, and includes-

1. the importation and exportation of waste;
2. the generation of waste, including the undertaking of any activity or process that is likely to result in the generation of waste;
3. the accumulation and storage of waste;
4. the collection and handling of waste;
5. the reduction, re-use, recycling and recovery of waste;
6. the trading in waste;
7. the transportation of waste;
8. the transfer of waste;
9. the treatment of waste; and
10. the disposal of waste;

"waste management control officer" means a waste management control officer designated under section 58(1);

"waste management licence" means a licence issued in terms of section 49;

"waste management officer" means a waste management officer designated in terms of section 10;

"waste management services" means waste collection, treatment, recycling and disposal services;

"waste minimisation programme" means a programme that is intended to promote the reduced generation and disposal of waste;

"waste transfer facility" means a facility that is used to accumulate and temporarily store waste before it is transported to a recycling, treatment or waste disposal facility;

"waste treatment facility" means any site that is used to accumulate waste for the purpose of storage, recovery, treatment, reprocessing, recycling or sorting of that waste.

The objects of this Act are-

1. to protect health, well-being and the environment by providing reasonable measures for-
   
   1. minimising the consumption of natural resources;
   2. avoiding and minimising the generation of waste;
   3. reducing, re-using, recycling and recovering waste;
   4. treating and safely disposing of waste as a last resort;
   5. preventing pollution and ecological degradation;
   6. securing ecologically sustainable development while promoting justifiable economic and social development;
   7. promoting and ensuring the effective delivery of waste services;
   8. remediating land where contamination presents, or may present, a significant risk of harm to health or the environment; and
   9. achieving integrated waste management reporting and planning;
2. to ensure that people are aware of the impact of waste on their health, well-being and the environment;
3. to provide for compliance with the measures set out in paragraph (a); and
4. generally, to give effect to section 24 of the Constitution in order to secure an environment that is not harmful to health and well-being.

In fulfilling the rights contained in section 24 of the Constitution, the State, through the organs of state responsible for implementing this Act, must put in place uniform measures that seek to reduce the amount of waste that is generated and, where waste is generated, to ensure that waste is re-used, recycled and recovered in an environmentally sound manner before being safely treated and disposed of.

1. This Act does not apply to-
   
   1. radioactive waste that is regulated by the Hazardous Substances Act, 1973 (Act No. 15 of 1973), the National Nuclear Regulator Act, 1999 (Act No. 47 of 1999), and the Nuclear Energy Act, 1999 (Act No. 46 of 1999);
   2. residue deposits and residue stockpiles that are regulated under the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002);
   3. the disposal of explosives that is regulated by the Explosives Act, 2003 (Act No. 15 of 2003); or
   4. the disposal of animal carcasses that is regulated by the Animal Health Act, 2002 (Act No. 7 of 2002).
2. This Act binds all organs of state.

1. This Act must be read with the National Environmental Management Act, unless the context of this Act indicates that the National Environmental Management Act does not apply.
2. The interpretation and application of this Act must be guided by the national environmental management principles set out in section 2 of the National Environmental Management Act.

1. The Minister must designate in writing an officer in the Department as the national waste management officer responsible for co-ordinating matters pertaining to waste management in the national government.
2. The MEC must designate in writing an officer in the provincial administration as the provincial waste management officer responsible for co-ordinating matters pertaining to waste management in that province.
3. Each municipality authorised to carry out waste management services by the Municipal Structures Act, 1998 (Act No. 117 of 1998), must designate in writing a waste management officer from its administration to be responsible for co-ordinating matters pertaining to waste management in that municipality.
4. A power delegated or a duty assigned to a waste management officer by virtue of subsection (1), (2) or (3) may be subdelegated or further assigned by that officer to another official in the service of the same administration, subject to such limitations or conditions as may be determined by the Minister, MEC or municipality, respectively.
5. Waste management officers must co-ordinate their activities with other waste management activities in the manner set out in the national waste management strategy established in terms of section 6 or determined by the Minister by notice in the Gazette.

1. The Department and the provincial departments responsible for waste management must prepare integrated waste management plans.
2. A provincial department may incorporate its integrated waste management plan in any relevant provincial plan.
3. The Department may incorporate its integrated waste management plan in any relevant national environmental plan.
4. 1. Each municipality must-
      
      1. submit its integrated waste management plan to the MEC for approval; and
      2. include the approved integrated waste management plan in its integrated development plan contemplated in Chapter 5 of the Municipal Systems Act.
   2. The MEC may within 30 days of receiving an integrated waste management plan or an amendment to an integrated waste management plan-
      
      1. request a municipality to adjust the plan or the amendment in accordance with the MEC's proposal if the plan or amendment-
         

         (aa)	does not comply with a requirement of this Act; or
         (bb)	is in conflict with, or is not aligned with, or negates any relevant integrated waste management plan or the national waste management strategy; or

      2. request a municipality to comply with a specific provision of this Act relating to the process of drafting or amending integrated waste management plans if the municipality has failed to comply with the process or provision; or
      3. approve the plan or amendment.
5. The Department and the provincial departments contemplated in subsection (1) must submit their integrated waste management plans to the Minister for approval.
6. When exercising the power to monitor and support a municipality as contemplated in section 31 of the Municipal Systems Act, the MEC for local government, in consultation with the MEC, must ensure that the municipal integrated waste management plan is co-ordinated and aligned with the plans, strategies and programmes of the Department and provincial departments.
7. 1. Before finalising an integrated waste management plan, the Department and every provincial department contemplated in subsection (1) must follow a consultative process in accordance with sections 72 and 73.
   2. A municipality must, before finalising its integrated waste management plan, follow the consultative process contemplated in section 29 of the Municipal Systems Act, either as a separate process or as part of the consultative process relating to its integrated development plan contemplated in that section.
8. Subsection (7) need not be complied with if the integrated waste management plan is amended in a non-substantive manner.

1. An integrated waste management plan must at least-
   
   1. contain a situation analysis that includes-
      
      1. a description of the population and development profiles of the area to which the plan relates;
      2. an assessment of the quantities and types of waste that are generated in the area;
      3. a description of the services that are provided, or that are available, for the collection, minimisation, re-use, recycling and recovery, treatment and disposal of waste; and
      4. the number of persons in the area who are not receiving waste collection services;
   2. within the domain of the Department, provincial department or municipality, set out how that Department, provincial department or municipality intends-
      
      1. to give effect, in respect of waste management, to Chapter 3 of the National Environmental Management Act;
      2. to give effect to the objects of this Act;
      3. to identify and address the negative impact of poor waste management practices on health and the environment;
      4. to provide for the implementation of waste minimisation, re-use, recycling and recovery targets and initiatives;
      5. in the case of a municipal integrated waste management plan, to address the delivery of waste management services to residential premises;
      6. to implement the Republic's obligations in respect of any relevant international agreements;
      7. to give effect to best environmental practice in respect of waste management;
   3. within the domain of the Department or provincial department, set out how the Department or provincial department intends to identify the measures that are required and that are to be implemented to support municipalities to give effect to the objects of this Act;
   4. set out the priorities and objectives of the Department, provincial department or municipality in respect of waste management;
   5. establish targets for the collection, minimisation, re-use and recycling of waste;
   6. set out the approach of the Department, provincial department or municipality to the planning of any new facilities for disposal and decommissioning of existing waste disposal facilities;
   7. indicate the financial resources that are required to give effect to the plan;
   8. describe how the Department, provincial department or municipality intends to give effect to its integrated waste management plan; and
   9. comply with the requirements prescribed by the Minister.
2. In the preparation of an integrated waste management plan the Department and provincial departments must give proper effect to the requirements contained in Chapter 5 of the Municipal Systems Act, insofar as such plan affects a municipality.

1. Annual performance reports on the implementation of the integrated waste management plans must, in the case of-
   
   1. a provincial department, be submitted to the MEC and the Minister for approval; and
   2. in the case of the Department, be submitted to the Minister for approval.
2. The annual performance report that the Department or provincial department must submit in terms of subsection (1) must contain information on the implementation of its integrated waste management plan, including information on-
   
   1. the extent to which the plan has been implemented during the period;
   2. the waste management initiatives that have been undertaken during the reporting period;
   3. the delivery of waste management services and measures taken to secure the efficient delivery of waste management services, if applicable;
   4. the level of compliance with the plan and any applicable waste management standards;
   5. the measures taken to secure compliance with waste management standards;
   6. the waste management monitoring activities;
   7. the actual budget expended on implementing the plan;
   8. the measures that have been taken to make any necessary amendments to the plan;
   9. in the case of a province, the extent to which municipalities comply with the plan and, in the event of any non-compliance with the plan, the reasons for such non-compliance; and
   10. any other requirements as may be prescribed by the Minister.
3. The annual performance report prepared in terms of section 46 of the Municipal Systems Act must contain information on the implementation of the municipal integrated waste management plan, including the information set out in paragraphs (a) to (j) of subsection (2) insofar as it relates to the performance of the municipality.
4. Despite subsections (1) and (2), the Minister may specify in writing a different mechanism for the reporting on integrated waste management plans if necessary to improve the co-ordination of waste management.

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.

1. The Minister must establish a national waste information system for the recording, collection, management and analysis of data and information that must include -
   
   1. data on the quantity and type or classification of waste generated, stored, transported, treated, transformed, reduced, re-used, recycled, recovered and disposed of; and
   2. a register of -
      
      1. waste management activities that have been licensed;
      2. the holders of waste management licences authorised to commence the waste management activities recorded in terms of subparagraph (i); and
      3. the locations where the licensed waste management activities are or may be conducted.
2. The waste information system may include information on -
   
   1. the levels and extent of waste management services provided by municipalities;
   2. information on compliance with this Act; and
   3. any other information that is necessary for the purposes of effective administration of this Act.
3. The national waste information system may be implemented incrementally.

The objective of the national waste information system is to -

1. store, verify, analyse, evaluate and provide data and information for the protection of the environment and management of waste;
2. provide information for the development and implementation of any integrated waste management plan required in terms of this Act; and
3. provide information to organs of state and the public -
   
   1. for education, awareness raising, research and development purposes;
   2. for planning, including the prioritisation of regulatory, waste minimisation and other initiatives;
   3. for obligations to report in terms of any legislation;
   4. for public safety management;
   5. on the status of the generation, collection, reduction, re-use, recycling and recovery, transportation, treatment and disposal of waste; and
   6. the impact of waste on health and the environment.

1. The MEC may establish a provincial waste information system.
2. A provincial waste information system must at least include the information required by the national information system.
3. The Minister may, by notice in the Gazette, and for the purposes of ensuring efficient administration, exempt a category of persons who must furnish information to the provincial waste information system established in terms of subsection (1) from furnishing that information to the national waste information system established in terms of section 60.
4. If the Minister exercises a power under subsection (3), the MEC is responsible for furnishing that information to the Minister, unless otherwise directed by the Minister by notice in the Gazette.

1. The Minister may, by notice in the Gazette or in writing, require any person to provide, within a reasonable time or on a regular basis, any data, information, documents, samples or materials to the Minister that are reasonably required for the purposes of the national waste information system established in terms of section 60 or the management of waste.
2. The MEC may, by notice in the Gazette or in writing, require any person or organ of state to provide, within a reasonable time or on a regular basis, any data, information, documents, samples or materials to the MEC that are reasonably required for the purposes of a provincial waste information system established in terms of section 62 or the management of waste in the province.
3. A notice under subsection (1) or (2) may also indicate the manner in which the information must be furnished and, if required, how the information must be verified.
4. Where the Minister or MEC requires a municipality to furnish data, information, documents, samples or materials in terms of subsection (1) or (2), the municipality concerned may, by notice in the Gazette or in writing, require any person or organ of state to provide, within a reasonable time or on a regular basis, such data, information, documents, samples or materials, and the verification of such information, to the municipality that are reasonably required to discharge its obligations in terms of subsection (1) or (2).

Information contained in the national waste information system or a provincial waste information system established in terms of section 60 or 62, as the case may be, must be made available by the Minister or MEC, subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).

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.

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.

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).

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.

1. The Minister or MEC, respectively, may delegate or assign to an official in their respective departments any power or duty conferred on the Minister or MEC, by or under this Act, except -
   
   1. the power conferred on the Minister or MEC, respectively, by section 7(2) or (3), 8(1), 14, 18, 19, 28, 69 or 70; or
   2. the duty imposed on the Minister by section 6 or 7(1).
2. The Minister or MEC must regularly review and, if necessary, amend or withdraw a delegation or assignment under subsection (1).
3. A delegation or assignment to an official under subsection (1) -
   
   1. is subject to such limitations and conditions as the Minister or MEC may impose;
   2. may either be to a specific official or to the holder of a specific post in the relevant department;
   3. may authorise that official to subdelegate or further assign, in writing, the power or duty to another official in the Department, or to the holder of a specific post in the Department;
   4. does not prevent the exercise of that power or the performance of that duty by the Minister or MEC; and
   5. does not divest the Minister or MEC of the responsibility concerning the exercise of the delegated power or the performance of the assigned duty.
4. The Minister or MEC may confirm, vary or revoke any decision taken by an official as a result of a delegation or subdelegation under this section, subject to any rights that may have become vested as a consequence of that decision.

1. Subject to subsections (2) and (3) and section 81, the laws set out in Schedule 2 are hereby repealed or amended to the extent set out in the third column thereof.
2. Any regulation or direction made in terms of a provision of the Environment Conservation Act repealed by section (1) and in force immediately before the date of the coming into effect of this Act, remains in force and is considered to have been made under this Act until anything done under this Act overrides it.
3. Anything lawfully done under a provision repealed by subsection (1) remains valid until anything done under this Act overrides it.
4. Aperson operating a waste disposal facility that was established before the coming into effect of the Environment Conservation Act and that is operational on the date of the coming into effect of this Act may continue to operate the facility until such time as the Minister, by notice in the Gazette, calls upon that person to apply for a waste management licence.
5. Any criminal proceedings instituted under section 19, 19A or 20(1) of the Environment Conservation Act that have not been finalised on the date of coming into effect of this Act, must be finalised as if those sections had not been repealed.

1. Despite the repeal of section 20 of the Environment Conservation Act by this Act, a permit issued in terms of that section remains valid subject to subsections (2) and (3).
2. The holder of a permit issued in terms of section 20 of the Environment Conservation Act must apply for a waste management licence in terms of this Act, when required to do so by the licensing authority, in writing, and within the period stipulated by the licensing authority.
3. A permit issued in terms of section 20 of the Environment Conservation Act lapses -
   
   1. if a waste management licence is issued in terms of this Act to the same person in respect of the same waste management activity;
   2. if the holder of the permit did not apply, within the stipulated period, for a waste management licence within the period contemplated in subsection (2); or
   3. if the licensing authority refuses an application contemplated in subsection (2).
4. If a permit issued in terms of section 20 of the Environment Conservation Act lapses as contemplated in subsection (3)(b) or (c), the permit holder remains liable for taking all measures that are necessary to ensure that the cessation of the activity is done in a manner that does not result in harm to health or the environment.
5. During the period for which a permit issued in terms of section 20 of the Environment Conservation Act continues to be valid, the provisions of this Act apply in respect of the holder of such a permit, as if that person were the holder of a waste management licence issued in terms of this Act.
6. Despite the repeal of section 20 of the Environment Conservation Act by this Act, an application for a permit made in terms of section 20 of the Environment Conservation Act that was not decided when section 81 of this Act took effect, must be proceeded with in terms of this Act as if that application were an application for a waste management licence in terms of this Act.

A person who conducts a waste management activity listed in Schedule 1 on the date of coming into effect of this Act, and who immediately before that date lawfully conducted that waste management activity under Government Notice No. 91 of 1 February 2002, may continue with the activity until such time that the Minister by notice in the Gazette directs that person to apply for a waste management licence under this Act.

This Act must be regarded as a specific environmental management Act for the purposes of the definition of "specific environmental management Act" contained in section 1 of the National Environmental Management Act.

1. This Act is called the National Environmental Management:Waste Act, 2008, and takes effect on a date determined by the Minister by proclamation in the Gazette.
2. Different dates may be so determined for different provisions of this Act.

CATEGORY A

The activities listed under Category A are equivalent to those that require a basic assessment process as stipulated in the environmental impact assessment regulations made under section 24(5) of the National Environmental Management Act, 1998 (Act No. 107 of 1998)

Storage and transfer of waste

1. The temporary storage of general waste at a facility, including a waste transfer facility and container yard, that has the capacity to receive in excess of 30 tonnes of general waste per day or that has a throughput capacity in excess of 20m3 per day, including the construction of a facility and associated structures and infrastructure for such storage.
2. The temporary storage of hazardous waste at a facility, including a waste transfer facility and container yard, that has the capacity to receive in excess of three tonnes of hazardous waste per day, including the construction of a facility and associated structures and infrastructure for such storage.

Recycling and recovery

3. The sorting and shredding of general waste at a facility that has the capacity to receive in excess of one ton of general waste per day, including the construction of a facility and associated structures and infrastructure for such sorting or shredding.
4. The recovery of waste, excluding recovery that takes place as an integral part of an internal manufacturing process, at a facility that has the capacity to receive in excess of three tonnes of general waste or 100 kilograms of hazardous waste per day, including the construction of a facility and associated structures and infrastructure for such recovery.

Treatment of waste

5. The biological, physical or physicochemical treatment of general waste or the autoclaving, drying or microwaving of general waste at a facility that has the capacity to receive in excess of 10 tonnes of general waste per day, including the construction of a facility and associated structures and infrastructure for such treatment.
6. The biological or physicochemical treatment of hazardous waste or the autoclaving, drying or microwaving of hazardous waste, including the construction of a facility and associated structures and infrastructure for such treatment.
7. The treatment of waste in sludge lagoons.

Disposal of waste on land

8. The disposal of inert waste, excluding the disposal of less than 25 tonnes of inert waste for the purposes of levelling and building that has been authorised by or under legislation, including the construction of a facility and associated structures and infrastructure for such disposal.
9. The disposal of general waste to land covering an area of less than 100 m2 or 200 m3 air space, including the construction of a facility and associated structures and infrastructure for such disposal.

Storage, treatment and processing of animal waste

10. The storage, treatment or processing of animal manure, including the composting of animal manure, at a facility that has a throughput capacity in excess of 10 tonnes per month, including the construction of a facility and associated structures and infrastructure for such storage, treatment or processing.
11. The processing of waste at biogas installations with a capacity for receiving five tonnes or more per day of animal waste, animal manure, abattoir waste or vegetable waste, including the construction of a facility and associated structures and infrastructure for such processing animal manure and abattoir waste. Expansion or decommissioning of facilities and associated structures and infrastructure 12. The expansion or decommissioning of facilities and associated structures and infrastructure for activities listed in this Schedule.

CATEGORY B

The activities listed under Category B are equivalent to those that require an environmental impact assessment process stipulated in the environmental impact assessment regulations made under section 24(5) of the National Environmental Management Act, 1998 (Act No. 107 of 1998)

Treatment of waste

1. The treatment of general waste by a method other than biological, physical or physicochemical treatment at a facility with the capacity to receive in excess of 10 tonnes of general waste per day, including the construction of a facility and associated structures and infrastructure for such treatment.
2. The treatment of hazardous waste by a method other than biological or physicochemical treatment, including the construction of a facility and associated structures and infrastructure for such treatment.
3. The incineration of waste, including the construction of a facility and associated structures and infrastructure for the incineration of waste.

Disposal of waste on land

4. The disposal of hazardous waste to land, including the construction of a facility and associated structures and infrastructure for such disposal.
5. The disposal of general waste to land covering an area of more than 100 m2 or 200 m3 of air space, including the construction of a facility and associated structures and infrastructure for such disposal.