49. Decision of licensing authorities on waste management licence applications

  1. The licensing authority may in respect of an application for a waste management licence-
    1. grant the application;
    2. refuse the application; or
    3. reject the application where it does not comply with the requirements of this Act.
  2. A decision to grant a application for a waste management licence in respect of a waste disposal facility is subject to the concurrence of the Minister of Water Affairs and Forestry.
  3. Any decision by a licensing authority to grant an application for a waste management licence must be consistent with-
    1. this Act, including any integrated waste management plans prepared in terms of this Act;
    2. any applicable national environmental management policies and, where the MEC is the licensing authority, any applicable provincial environmental management policies;
    3. the national environmental management principles set out in section 2 of the National Environmental Management Act;
    4. any applicable industry waste management plan;
    5. the objectives of any applicable waste management plan; and
    6. any standards or requirements that have been set in terms of this Act or the waste management licence.
  4. After a licensing authority has reached a decision in respect of an application for a waste management licence, it must within 20 days-
    1. notify the applicant of the decision and give written reasons for the decision;
    2. if the decision is to grant the application, issue a waste management licence; and
    3. in a manner determined by the licensing authority, instruct the applicant to notify any persons who have objected to the application of the decision and the reasons for the decision.
  5. An application which is substantially similar to a previous application that has been refused in terms of subsection (1)(b) may only be resubmitted if-
    1. the new application contains new and material information not previously submitted to the licensing authority; or
    2. a period of three years has elapsed since the application was lodged.
  6. An application which is rejected in terms of subsection (1)(c) may be amended and resubmitted to the licensing authority for reconsideration.
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