54. Variation of waste management licences

  1. A licensing authority may, by written notice to the holder of a waste management licence, vary the licence-
    1. if it is necessary or desirable to prevent pollution;
    2. if it is necessary or desirable for the purposes of achieving waste management standards or minimum requirements;
    3. if it is necessary or desirable to accommodate demands brought about by impacts on socio-economic circumstances and it is in the public interest to meet those demands;
    4. to make a non-substantive amendment;
    5. at the written request of the holder of the waste management licence; or
    6. if it is reviewed in terms of section 53.
  2. The variation of a waste management licence includes -
    1. the attaching of an additional condition or requirement to the waste management licence;
    2. the substitution of a condition or requirement;
    3. the removal of a condition or requirement; or
    4. the amendment of a condition or requirement.
  3. If a licensing authority receives a request from the holder of a waste management licence in terms of subsection (1)(e), the licensing authority must require the licence holder to take appropriate steps to bring the request to the attention of relevant organs of state, interested persons and the public if the variation of the licence is to authorise an increase in the environmental impact regulated by the waste management licence.
  4. Steps in terms of subsection (3) must include the publication of a notice in at least two newspapers circulating in the area in which the waste management activity authorised by the waste management licence is or is to be carried out.
  5. The notice contemplated in subsection (4) must-
    1. describe the nature and purpose of the request;
    2. give particulars of the waste management activity, including the place where it is, or is to be, carried out;
    3. state a reasonable period within which written representations on, or objections to, the request may be submitted, and the address or place where representations or objections must be submitted; and
    4. contain such other particulars as the licensing authority may require.
  6. Sections 47, 48 and 49 apply with the changes required by the context to the variation of a waste management licence.
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