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 Subject to subsections (2) and (3) and section 81, the laws set out in Schedule 2 are hereby repealed or amended to the extent set out in the third column thereof.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 Any regulation or direction made in terms of a provision of the Environment Conservation Act repealed by section (1) and in force immediately before the date of the coming into effect of this Act, remains in force and is considered to have been made under this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 Anything lawfully done under a provision repealed by subsection (1) remains valid until anything done under this Act overrides it.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.