43. Licensing authority

  1. The Minister is the licensing authority where-
    1. unless otherwise indicated by the Minister by notice in the Gazette, the waste management activity involves the establishment, operation, cessation or decommissioning of a facility at which hazardous waste has been or is to be stored, treated or disposed of;
    2. the waste management activity involves obligations in terms of an international obligation, including the importation or exportation of hazardous waste;
    3. the waste management activity is to be undertaken by-
      1. a national department;
      2. a provincial department responsible for environmental affairs; or
      3. a statutory body, excluding any municipality, performing an exclusive competence of the national sphere of government;
    4. the waste management activity will affect more than one province or traverse international boundaries; or
    5. two or more waste management activities are to be undertaken at the same facility and the Minister is the licensing authority for any one of those activities.
  2. Subject to subsection (1), the MEC of the province in which the waste management activity is being or is to be carried out is the licensing authority.
  3. Despite subsections (1) and (2), the Minister and an MEC may agree that an application or applications for waste management licences regarding any waste management activity-
    1. referred to in subsection (1), may be dealt with by the MEC; or
    2. in respect of which the MEC has been identified as the licensing authority, may be dealt with by the Minister.
Home » Node » 43. Licensing authority