19. Listed waste management activities

  1. The Minister may by notice in the Gazette publish a list of waste management activities that have, or are likely to have, a detrimental effect on the environment.
  2. The Minister may amend the list by-
    1. adding other waste management activities to the list;
    2. removing waste management activities from the list; or
    3. making other changes to the particulars on the list
  3. A notice referred to in subsection (1)-
    1. must indicate whether a waste management licence is required to conduct the activity or, if a waste management licence is not required, the requirements or standards that must be adhered to when conducting the activity;
    2. may exclude certain quantities or categories of waste or categories of persons from the application of the notice if the waste in question is-
      1. of such a small quantity or temporary nature that it is unlikely to cause pollution to the environment or harm to human health; or
      2. adequately controlled by other legislation;
    3. may contain transitional and other special arrangements in respect of waste management activities that are carried out at the time of their listing; and
    4. must determine the date on which the notice takes effect.
  4. Until such time as the Minister has published a notice contemplated in subsection (1), Schedule 1 of this Act is applicable.
  5. The MEC, with the concurrence of the Minister, may by notice in the Gazette-
    1. publish a list of waste management activities that have, or are likely to have, a detrimental effect on the environment in the province concerned; and
    2. when necessary, amend the list by-
      1. adding other waste management activities to the list;
      2. removing waste management activities from the list; or
      3. making other changes to the particulars on the list.
  6. A list published under subsection (5) by the MEC must include waste management activities listed in Schedule 1 or listed under section (1), if applicable.
  7. A list published under subsection (5) by the MEC applies to the relevant province only.
  8. A notice under subsection (1) or (5)-
    1. may contain transitional and other special arrangements in respect of waste management activities that are carried out at the time of their listing; and
    2. must determine the date on which the notice takes effect.
  9. For the purposes of administrative efficiency, the lists published under subsection (1) or (5) or Schedule 1 may divide the waste management activities into different categories
    1. Before publishing a notice under subsection (1) or (5), or any amendment to such notice, the Minister or MEC, as the case may be, must follow a consultative process in accordance with sections 72 and 73.
    2. (b) Paragraph (a) need not be complied with if the list contemplated in subsection (1) or (5) is amended in a non-substantive manner.
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