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.