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.