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).