Chapter 4: Waste management measures

Part 1: Priority wastes

14. Declaration of priority wastes

  1. The Minister may, by notice in the Gazette, declare a waste to be a priority waste if the Minister on reasonable grounds believes that the waste poses a threat to health, well-being or the environment because of the quantity or composition of the waste and-
    1. that specific waste management measures are required to address the threat; or
    2. that the imposition of specific waste management measures in respect of the waste may improve reduction, re-use, recycling and recovery rates or reduce health and environmental impacts.
  2. The MEC may in writing request the Minister to declare a waste to be a priority waste in the manner contemplated in subsection (1).
  3. If the declaration under subsection (1) or (2) of a waste as a priority waste is likely to have a significant impact on the national economy, such declaration may only be made after consultation with the Minister of Trade and Industry and the Minister of Finance.
  4. A notice under subsection (1) or (2) must specify the waste management measures that must be taken.
  5. The measures contemplated in subsection (4) may include-
    1. a requirement for identified persons falling within a category of persons to prepare an industry waste management plan in terms of section 28 in respect of the declared priority waste;
    2. a prohibition on the generation of the priority waste;
    3. measures for the management of the priority waste;
    4. measures for the minimisation, storage, re-use, recycling and recovering, treatment and disposal of the priority waste;
    5. requirements for the registration and monitoring of, and reporting on, priority waste; and
    6. any other measures that the Minister believes are necessary to manage the threat that is presented by the waste or to achieve the objects of this Act.
    1. Before publishing a notice in terms of subsection (1), or any amendment to the notice, the Minister must consult with a person or category of persons that may be affected by the notice, and follow a consultative process in accordance with sections 72 and 73.
    2. Paragraph (a) need not be complied with if the notice is amended in a non-substantive manner.

15. Consequences of declaration of priority wastes

  1. No person may import, manufacture, process, sell or export a priority waste or a product that is likely to result in the generation of a priority waste unless that waste or product complies with-
    1. the waste management measures contemplated in section 14(4);
    2. an industrial waste management plan which has been submitted in accordance with the requirements of a notice referred to section 28 or 29; or
    3. any other requirement in terms of this Act.
  2. No person may recycle, recover, treat or dispose of a priority waste unless it is in accordance with this Act and the waste management measures contemplated in section 14(4).

Part 2: General duty

16. General duty in respect of waste management

  1. A holder of waste must, within the holder's power, take all reasonable measures to-
    1. avoid the generation of waste and where such generation cannot be avoided, to minimise the toxicity and amounts of waste that are generated;
    2. reduce, re-use, recycle and recover waste;
    3. where waste must be disposed of, ensure that the waste is treated and disposed of in an environmentally sound manner;
    4. manage the waste in such a manner that it does not endanger health or the environment or cause a nuisance through noise, odour or visual impacts;
    5. prevent any employee or any person under his or her supervision from contravening this Act; and
    6. prevent the waste from being used for an unauthorised purpose.
  2. Any person who sells a product that may be used by the public and that is likely to result in the generation of hazardous waste must take reasonable steps to inform the public of the impact of that waste on health and the environment.
  3. The measures contemplated in this section may include measures to-
    1. investigate, assess and evaluate the impact of the waste in question on health or the environment;
    2. cease, modify or control any act or process causing the pollution, environmental degradation or harm to health;
    3. comply with any norm or standard or prescribed management practice;
    4. eliminate any source of pollution or environmental degradation; and
    5. remedy the effects of the pollution or environmental degradation.
  4. The Minister or MEC may issue regulations to provide guidance on how to discharge this duty or identify specific requirements that must be given effect to, after following a consultative process in accordance with sections 72 and 73.
  5. Subsection (4) need not be complied with if the regulation is amended in a non-substantive manner.

Part 3: Reduction, re-use, recycling and recovery of waste

17. Reduction, re-use, recycling and recovery of waste

  1. Unless otherwise provided for in this Act, any person who undertakes an activity involving the reduction, re-use, recycling or recovery of waste must, before undertaking that activity, ensure that the reduction, re-use, recycling or recovery of the waste-
    1. uses less natural resources than disposal of such waste; and
    2. to the extent that it is possible, is less harmful to the environment than the disposal of such waste.
  2. The Minister may, after consultation with the Minister of Trade and Industry and by notice in the Gazette, require any person or category of persons to-
    1. provide for the reduction, re-use, recycling and recovery of products or components of a product manufactured or imported by that person; or
    2. include a determined percentage of recycled material in a product that is produced, imported or manufactured by that person or category of persons.
    1. Before publishing a notice in terms of subsection (2), or any amendment to the notice, the Minister must follow a consultative process in accordance with sections 72 and 73.
    2. Paragraph (a) need not be complied with if the notice is amended in a non-substantive manner.

18. Extended producer responsibility

  1. The Minister after consultation with the Minister of Trade and Industry may, in order to give effect to the objects of this Act, by notice in the Gazette-
    1. identify a product or class of products in respect of which extended producer responsibility applies;
    2. specify the extended producer responsibility measures that must be taken in respect of that product or class of products; and
    3. identify the person or category of persons who must implement the extended producer responsibilities measures contemplated in paragraph (b).
  2. The Minister may in a notice under subsection (1) specify-
    1. the requirements in respect of the implementation and operation of an extended producer responsibility programme, including the requirements for the reduction, re-use, recycling, recovery, treatment and disposal of waste;
    2. the financial arrangements of a waste minimisation programme, with the concurrence of the Minister of Finance;
    3. the institutional arrangements for the administration of a waste minimisation programme;
    4. the percentage of products that must be recovered under a waste minimisation programme;
    5. the labelling requirements in respect of waste;
    6. that the producer of a product or class of products identified in that notice must carry out a life cycle assessment in relation to the product, in such manner or in accordance with such standards or procedures as may be prescribed; and
    7. the requirements that must be complied with in respect of the design, composition or production of a product or packaging, including a requirement that-
      1. clean production measures be implemented;
      2. the composition, volume or weight of packaging be restricted; and
      3. packaging be designed so that it can be reduced, re-used, recycled or recovered.
  3. Before publishing a notice under subsection (1) or any amendment to the notice, the Minister must-
    1. consult affected producers;
    2. follow a consultative process in accordance with sections 72 and 73, unless the notice is amended in a non-substantive manner;
    3. take into account the Republic's obligations in terms of any applicable international agreements; and
    4. consider relevant scientific information.

Part 4: Waste management activities

19. Listed waste management activities

  1. The Minister may by notice in the Gazette publish a list of waste management activities that have, or are likely to have, a detrimental effect on the environment.
  2. The Minister may amend the list by-
    1. adding other waste management activities to the list;
    2. removing waste management activities from the list; or
    3. making other changes to the particulars on the list
  3. A notice referred to in subsection (1)-
    1. must indicate whether a waste management licence is required to conduct the activity or, if a waste management licence is not required, the requirements or standards that must be adhered to when conducting the activity;
    2. may exclude certain quantities or categories of waste or categories of persons from the application of the notice if the waste in question is-
      1. of such a small quantity or temporary nature that it is unlikely to cause pollution to the environment or harm to human health; or
      2. adequately controlled by other legislation;
    3. may contain transitional and other special arrangements in respect of waste management activities that are carried out at the time of their listing; and
    4. must determine the date on which the notice takes effect.
  4. Until such time as the Minister has published a notice contemplated in subsection (1), Schedule 1 of this Act is applicable.
  5. The MEC, with the concurrence of the Minister, may by notice in the Gazette-
    1. publish a list of waste management activities that have, or are likely to have, a detrimental effect on the environment in the province concerned; and
    2. when necessary, amend the list by-
      1. adding other waste management activities to the list;
      2. removing waste management activities from the list; or
      3. making other changes to the particulars on the list.
  6. A list published under subsection (5) by the MEC must include waste management activities listed in Schedule 1 or listed under section (1), if applicable.
  7. A list published under subsection (5) by the MEC applies to the relevant province only.
  8. A notice under subsection (1) or (5)-
    1. may contain transitional and other special arrangements in respect of waste management activities that are carried out at the time of their listing; and
    2. must determine the date on which the notice takes effect.
  9. For the purposes of administrative efficiency, the lists published under subsection (1) or (5) or Schedule 1 may divide the waste management activities into different categories
    1. Before publishing a notice under subsection (1) or (5), or any amendment to such notice, the Minister or MEC, as the case may be, must follow a consultative process in accordance with sections 72 and 73.
    2. (b) Paragraph (a) need not be complied with if the list contemplated in subsection (1) or (5) is amended in a non-substantive manner.

20. Consequences of listing waste management activities

No person may commence, undertake or conduct a waste management activity, except in accordance with-

  1. the requirements or standards determined in terms of section 19(3) for that activity; or
  2. a waste management licence issued in respect of that activity, if a licence is required.

Part 5: Storage, collection and transportation of waste

21. General requirements for storage of waste

Any person who stores waste must at least take steps, unless otherwise provided by this Act, to ensure that-

  1. the containers in which any waste is stored, are intact and not corroded or in any other way rendered unfit for the safe storage of waste;
  2. adequate measures are taken to prevent accidental spillage or leaking;
  3. the waste cannot be blown away;
  4. nuisances such as odour, visual impacts and breeding of vectors do not arise; and
  5. pollution of the environment and harm to health are prevented.

22. Storage of general waste

  1. Any person who generates general waste that is collected by a municipality must place the waste in a container approved, designated or provided by the municipality for that purpose and in a location approved or authorised by the municipality.
  2. Waste that is reusable, recyclable or recoverable and that is intended to be reduced, re-used, recycled or recovered in accordance with this Act or any applicable by-laws need not be placed in a container contemplated in subsection (1).

23. Waste collection services

  1. Waste collection services are subject to-
    1. the need for an equitable allocation of such services to all people in a municipal area;
    2. the obligation of persons utilising the service to pay any applicable charges;
    3. the right of a municipality to limit the provision of general waste collection services if there is a failure to comply with reasonable conditions set for the provision of such services, but where the municipality takes action to limit the provision of services, the limitation must not pose a risk to health or the environment; and
    4. the right of a municipality to differentiate between categories of users and geographical areas when setting service standards and levels of service for the provision of municipal services.
  2. Every municipality must, subject to this Act, and as far as is reasonably possible, provide containers or receptacles for the collection of recyclable waste that are accessible to the public.

24. Collection of waste

No person may collect waste for removal from premises unless such person is-

  1. a municipality or municipal service provider;
  2. authorised by law to collect that waste, where authorisation is required; or
  3. not prohibited from collecting that waste.

25. Duties of persons transporting waste

  1. The Minister, an MEC or a municipality may, by notice in the Gazette, require any person or category of persons who transports waste for gain to-
    1. register with the relevant waste management officer in the Department, province or municipality, as the case may be; and
    2. furnish such information as is specified in that notice or as the waste management officer may reasonably require.
  2. Any person engaged in the transportation of waste must take all reasonable steps to prevent any spillage of waste or littering from a vehicle used to transport waste.
  3. Where waste is transported for the purposes of disposal, a person transporting the waste must, before offloading the waste from the vehicle, ensure that the facility or place to which the waste is transported, is authorised to accept such waste.
  4. Where hazardous waste is transported for purposes other than disposal, a person transporting the waste must, before offloading the waste from the vehicle, ensure that the facility or place to which the waste is transported, is authorised to accept such waste and must obtain written confirmation that the waste has been accepted.
  5. In the absence of evidence to the contrary which raises a reasonable doubt, 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 considered to knowingly cause that waste to be offloaded at the location where the waste is deposited.

Part 6: Treatment, processing and disposal of waste

26. Prohibition of unauthorised disposal

  1. No person may-
    1. dispose of waste, or knowingly or negligently cause or permit waste to be disposed of, in or on any land, waterbody or at any facility unless the disposal of that waste is authorised by law; or
    2. dispose of waste in a manner that is likely to cause pollution of the environment or harm to health and well-being.
  2. Subsection (1) need not be complied with if-
    1. the waste was generated as a result of normal household activities and-
      1. the municipality does not render a waste collection service in that area; and
      2. the most environmentally and economically feasible option for the management of the waste was adopted; or
    2. the disposal of the waste was done to protect human life or as a result of an emergency beyond that person's control.

27. Littering

  1. An owner of privately owned land to which the general public has access, must ensure-
    1. that sufficient containers or places are provided to contain litter that is discarded by the public; and
    2. that the litter is disposed of before it becomes a nuisance, a ground for a complaint or causes a negative impact on the environment.
  2. No person may-
    1. throw, drop, deposit, spill or in any other way discard any litter into or onto any public place, land, vacant erf, stream, watercourse, street or road, or on any place to which the general public has access, except in a container or a place specifically provided for that purpose; or
    2. allow any person under that person's control to do any of the acts contemplated in paragraph (a).

Part 7: Industry waste management plans

28. Preparation of industry waste management plans by certain persons

  1. Where any activity results in the generation of waste that affects more than one province or where such activity is conducted in more than one province, the Minister may by written notice require a person, or by notice in the Gazette require a category of persons or an industry, that generates waste to prepare and submit an industry waste management plan to the Minister for approval.
  2. The MEC may, in respect of any activity within the province concerned that results in the generation of waste, by written notice require a person, or by notice in the Gazette require a category of persons or an industry, that generates waste to prepare and submit an industry waste management plan to the MEC for approval.
  3. Despite subsection (2), the MEC may not require a person, category of persons or industry who has submitted an industry waste management in compliance with subsection (1), to prepare and submit an industry waste management plan in respect of the same matter.
  4. When exercising a power under subsection (1) or (2), the Minister or MEC, as the case may be, must consider-
    1. the impact or potential impact of the waste on health and the environment that is generated by the applicable person, category of persons or industry;
    2. the environmentally sensitive nature of a natural resource or the amount of natural resources that is consumed in the manufacturing or production processes that result in the waste; and
    3. the manner in which an industry waste management plan may contribute to-
      1. the avoidance or minimisation of the generation of waste;
      2. the reduction of negative impacts on health and the environment; and
      3. the conserving of natural resources.
  5. The Minister or MEC must, before exercising a power under subsection (1) or (2), as the case may be, consult the person, category of persons or industry to be affected.
  6. The Minister or MEC, as the case may be, may give directions that an industry waste management plan must be prepared by an independent person for the cost of the person, category of persons or industry contemplated in subsection (1) or (2).
    1. A person, category of persons or industry contemplated in subsection (1) or (2) may elect to prepare an industry waste management plan for approval in terms of this Part without being required to do so by the Minister or MEC.
    2. When a person, category of persons or industry submits an industry waste management plan in terms of paragraph (a)-
      1. subsections (4), (5) and (6) apply with the changes required by the context; and
      2. the Minister or MEC to whom the plan is submitted may exercise any of their respective powers set out in this Part in respect of that plan.

29. Preparation of industry waste management plans by organs of state

  1. The Minister may, by notice in writing, require an industry waste management plan to be prepared by an organ of state, excluding a municipality, within a stipulated timeframe.
  2. An MEC may, by notice in writing, require an industry waste management plan to be prepared by the provincial department responsible for environmental affairs, within a stipulated timeframe.
  3. When exercising a power under subsection (1) or (2), the Minister or MEC must consider whether-
    1. the diversity, complexity and competitive nature of the industry concerned would make it impractical for a category of persons other than an organ of state or provincial department responsible for environmental affairs to prepare the plan;
    2. the knowledge or experience of the persons who are likely to be affected by the plan in the areas of waste reduction, re-use, recycling and recovery is limited;
    3. the persons who are likely to be affected by the plan comprise of small, medium or micro enterprises; or
    4. the person required to prepare a plan in accordance with section 28, or to revise or amend the plan in terms of section 32(1), has failed to do so.
  4. The Minister or MEC, as the case may be, may recover the costs of preparing an industry waste management plan from-
    1. the person contemplated in section 28 who, after written notice, failed to prepare the plan; or
    2. the person who is required to revise or amend the plan in terms of section 32(1), but has failed to do so.
  5. Any organ of state or provincial department contemplated in subsection (1) and (2), respectively, may, by written notice, require any person to provide such information as may be necessary to prepare the industry waste management plan.
  6. An organ of state or provincial department contemplated in subsection (1) and (2), respectively, must follow a consultative process in accordance with sections 72 and 73, unless that plan is being prepared as a result of a person who was required to prepare that plan failing to do so, in which case section 31(2) applies.

30. Contents of industry waste management plans

  1. The Minister, in a notice contemplated in section 28(1) or 29(1), or the MEC, in a notice contemplated in section 28(2) or 29(2), must specify the information that must be included the industry waste management plan.
  2. The information that the Minister or MEC specifies in terms of subsection (1) may include-
    1. the amount of waste that is generated;
    2. measures to prevent pollution or ecological degradation;
    3. targets for waste minimisation through waste reduction, re-use, recycling and recovery;
    4. measures or programmes to minimise the generation of waste and the final disposal of waste;
    5. measures or actions to be taken to manage waste;
    6. the phasing out of the use of specified substances;
    7. opportunities for the reduction of waste generation through changes to packaging, product design or production processes;
    8. mechanisms for informing the public of the impact of the waste-generating products or packaging on the environment;
    9. the extent of any financial contribution to be made to support consumer-based waste reduction programmes;
    10. the period that is required for implementation of the plan;
    11. methods for monitoring and reporting; and
    12. any other matter that may be necessary to give effect to the objects of this Act.

31. Notification of industry waste management plans

  1. Any person required to produce an industry waste management plan in terms of section 28 must take appropriate steps to bring the contents of a proposed industry waste management plan to the attention of relevant organs of state, interested persons and the public and must follow any directions given by the Minister or MEC, as the case may be, regarding the consultation process that must be followed.
  2. An organ of state required to prepare an industry waste management plan in terms of section 29 as a result of a person who was required to prepare that plan failing to do so must bring the contents of a proposed industry waste management plan to the attention of relevant organs of state, interested persons and the public.
  3. Any comments submitted in respect of an industry waste management plan must be considered by the person responsible for preparing the plan, and a copy of all comments must be submitted to the Minister or MEC, as the case may be, together with the plan.

32. Consideration of industry waste management plans

  1. The Minister, acting in terms of section 28(1) or 29(1), or the MEC acting in terms of section 28(2) or 29(2), may on receipt of an industry waste management plan-
    1. approve the plan in writing, with any amendments or conditions, and give directions for the implementation of the plan;
    2. require additional information to be furnished and a revised plan to be submitted within timeframes specified by the Minister or MEC for approval;
    3. require amendments to be made to the plan within timeframes specified by the Minister or MEC; or
    4. reject the plan with reasons if it does not comply with the requirements of a notice in terms of section 28(1) or (2) or 29(1) or (2), as the case may be, or if a consultation process in accordance with section 31 was not followed.
  2. Any failure to comply with a requirement referred to in subsection (1)(b) or (c) within the timeframes specified by the Minister or the MEC is regarded as constituting a failure to submit an industry waste management plan
  3. An industry waste management plan that has been rejected in terms of subsection (1) (d) may be amended and resubmitted to the Minister or MEC.
  4. On receipt of any information or amendments requested in terms of subsection (1)(b) or (c), or any amended industry waste management plan resubmitted in terms of subsection (2) for the first time, the Minister or MEC must reconsider the plan.
  5. An approval in terms of subsection (1)(a) must at least specify the period for which the approval is issued, which period may be extended by the Minister or MEC.
  6. Notice must be given in the relevant Gazette of any industry waste management plan that has been prepared in terms of section 28 and that has been approved by the Minister or MEC, as the case may be.
  7. An industry waste management plan that has been prepared by an organ of state or provincial department responsible for environmental affairs in terms of section 29 and that has been approved by the Minister or MEC, as the case may be, must be published in the relevant Gazette, together with an indication of when and how the plan must be implemented, if applicable.

33. Specification of measures to be taken

  1. If the Minister or MEC rejects an industry waste management plan in terms of section 32 more than once, or if any person who is required in terms of section 28(1) or (2) to prepare an industry waste management plan fails to do so, or if a person fails to revise or amend a plan as required by the Minister or the MEC in terms of section 32(1), the Minister or MEC, as the case may be, may, by notice in writing and without any criminal proceedings being affected, specify the waste management measures that must be taken by that person to ensure that that person is not unduly advantaged by the failure to submit a plan.
  2. When specifying the waste management measures to be taken in terms of subsection (1), the Minister or MEC, as the case may be, must consider, and to the extent possible, align the measures to be taken with the measures that are set out in any other approved industry waste management plan and that is related to the activities of the person whose plan has been rejected more than once or who failed to submit a plan.

34. Review of industry waste management plans

  1. An industry waste management plan that has been required by the Minister in terms of section 28(1) or 29(1), or by the MEC in terms of section 28(2) or 29(2), must be reviewed at intervals specified in the approval or at intervals specified by the Minister or MEC by notice in writing or in the relevant Gazette.
  2. When specifying a review period for an industry waste management plan prepared by a person, the Minister or MEC, as the case may be, must take cognisance of the review periods that have been specified in any related waste management licence.

Part 8: Contaminated land

35. Application of this Part

This part applies to the contamination of land even if the contamination-

  1. occurred before the commencement of this Act;
  2. originated on land other than land referred to in section 38;
  3. arises or is likely to arise at a different time from the actual activity that caused the contamination; or
  4. arises through an act or activity of a person that results in a change to pre-existing contamination.

36. Identification and notification of investigation areas

  1. The Minister, or the MEC in respect of an area which affects the relevant province, may, after consultation with the Minister of Water Affairs and Forestry and any other organ of state concerned, by notice in the Gazette, identify as investigation areas-
    1. land on which high-risk activities have taken place or are taking place that are likely to result in land contamination;
    2. land that the Minister or MEC, as the case may be, on reasonable grounds believes to be contaminated.
  2. A notice under subsection (1) by the Minister applies nationally, and a notice under that subsection by the MEC applies to the relevant province only.
  3. Before publishing a notice under subsection (1), or any amendment to the notice, the Minister or MEC, as the case may be, must follow a consultative process in accordance with sections 72 and 73.
  4. Subsection (3) need not be complied with if the notice is amended in a non-substantive manner.
  5. An owner of land that is significantly contaminated, or a person who undertakes an activity that caused the land to be significantly contaminated, must notify the Minister and MEC of that contamination as soon as that person becomes aware, of that contamination.
  6. Despite subsection (1), the Minister or MEC may issue a written notice to a particular person identifying specific land as an investigation area if the Minister or MEC on reasonable grounds believes that the land is or is likely to be contaminated.

37. Consequences of identification and notification of investigation areas

  1. The Minister or MEC, as the case may be, may in respect of an investigation area contemplated in section 36, after consultation with the Minister of Water Affairs and Forestry-
    1. cause a site assessment to be conducted in respect of the relevant investigation area; or
    2. in a notice published under section 36(1) or issued under section 36(6)-
      1. direct the owner of the investigation area; or
      2. direct the person who has undertaken or is undertaking the high risk activity or activity that caused or may have caused the contamination of the investigation area, to cause a site assessment to be conducted by an independent person, at own cost, and to submit a site assessment report to the Minister or MEC within a period specified in the notice.
    1. A site assessment report must comply with any directions that may have been published or given by the Minister or MEC in a notice contemplated in section 36(1) or (6) and must at least include information on whether the investigation area is contaminated.
    2. Where the findings of the site assessment report are that the investigation area is contaminated, the site assessment report must at least contain information on whether-
      1. the contamination has already impacted on health or the environment;
      2. the substances present in or on the land are toxic, persistent or bioaccumulative or are present in large quantities or high concentrations or occur in combinations;
      3. there are exposure pathways available to the substances;
      4. the use or proposed use of the land and adjoining land increases or is likely to increase the risk to health or the environment;
      5. the substances have migrated or are likely to migrate from the land;
      6. the acceptable exposure for human and environmental receptors in that environment have been exceeded;
      7. any applicable standards have been exceeded; and
      8. the area should be remediated or any other measures should be taken to manage or neutralise the risk.
  2. For the purposes of this section, land may be regarded as being contaminated at any particular time if the risk of harm to health or the environment could eventuate only in certain circumstances and those circumstances do not exist at the time that the site assessment is undertaken, but those circumstances are reasonably foreseeable.

38. Consideration of site assessment reports

  1. On receipt of a site assessment report contemplated in section 37, the Minister or MEC, as the case may be, may, after consultation with the Minister of Water Affairs and Forestry and any other organ of state concerned, decide that-
    1. the investigation area is contaminated, presents a risk to health or the environment, and must be remediated urgently;
    2. the investigation area is contaminated, presents a risk to health or the environment, and must be remediated within a specified period;
    3. the investigation area is contaminated and does not present an immediate risk, but that measures are required to address the monitoring and management of that risk; or
    4. the investigation area is not contaminated.
  2. If the Minister or MEC, as the case may be, decides that an investigation area is contaminated and requires remediation, the Minister or MEC must declare the land to be a remediation site and make such remediation order as is necessary to neutralise that risk.
  3. If the Minister or MEC, as the case may be, decides that the investigation area does not present an immediate risk, but that measures are required to address the monitoring and management of that risk, the Minister or MEC may make an order specifying the measures that must be taken.
  4. Unless otherwise directed, a remediation order under subsection (2), an order under subsection (3) or a directive under section 37(1) must be complied with at the cost of the person against whom the order or directive is issued.
  5. The Minister or MEC, as the case may be, may amend a remediation order if-
    1. ownership of the land is transferred and the new owner in writing assumes responsibility for the remediation; or
    2. new information or evidence warrants an amending the order.

39. Orders to remediate contaminated lan

  1. A remediation order issued under section 38(2) or an order issued under section 38(3) must describe, to the extent that it is applicable-
    1. the person who is responsible for undertaking the remediation;
    2. the land to which the order applies;
    3. the nature of the contamination;
    4. the measures that must be taken to remediate the land or the standards that must be complied with when remediating the land;
    5. the period within which the order must be complied with;
    6. whether any limitations in respect of the use of the land are imposed;
    7. the measures that must be taken to monitor or manage the risk; and
    8. any other prescribed matter.
  2. Before issuing a remediation order or an amended remediation order, the Minister or MEC, as the case may be, must consult with the Minister of Water Affairs and Forestry and any other organ of state concerned.
  3. The Minister or MEC, as the case may be, may instruct any official within his or her Department to ensure that the remediation order is complied with.

40. Transfer of remediation sites

  1. No person may transfer contaminated land without informing the person to whom that land is to be transferred that the land is contaminated and, in the case of a remediation site, without notifying the Minister or MEC and complying with any conditions that are specified by the Minister or MEC, as the case may be.
    1. For the purposes of ensuring compliance with this section, the Minister must notify the relevant Registrar of Deeds appointed in terms of the Deeds Registries Act, 1937 (Act No. 47 of 1937), of any land that has been declared as a remediation site.
    2. The notification contemplated in paragraph (a) must identify the land sufficiently to enable the Registrar of Deeds to enter the necessary information in or on registers and documents kept by his or her Office.

41. Contaminated land register

  1. The Minister must keep a national contaminated land register of investigation areas that includes information on-
    1. the owners and any users of investigation areas;
    2. the location of investigation areas;
    3. the nature and origin of the contamination;
    4. whether an investigation area-
      1. is contaminated, presents a risk to health or the environment, and must be remediated urgently;
      2. is contaminated, presents a risk to health or the environment, and must be remediated within a specified period;
      3. is contaminated and does not present an immediate risk, but measures are required to address the monitoring and management of that risk; or
      4. is not contaminated;
    5. the status of any remediation activities on investigation areas; and
    6. restrictions of use that have been imposed on investigation areas.
  2. The Minister may change the status of an investigation area contemplated in subsection (1)(d)(i) or (ii) as provided for in subsection (1)(d)(iii) or (iv) if a remediation order has been complied with or other circumstances eventuate that justify such a change.
  3. An MEC who has identified an investigation area must furnish the relevant information to the Minister for recording in the national contaminated land register.

42. Recognition programmes

  1. A waste management officer may establish a programme for the public recognition of significant achievements in the area of waste avoidance, minimisation or other forms of waste management.
  2. The programme contemplated in subsection (1) may contain mechanisms to make the public aware of sound waste management practices.