33. Specification of measures to be taken

  1. If the Minister or MEC rejects an industry waste management plan in terms of section 32 more than once, or if any person who is required in terms of section 28(1) or (2) to prepare an industry waste management plan fails to do so, or if a person fails to revise or amend a plan as required by the Minister or the MEC in terms of section 32(1), the Minister or MEC, as the case may be, may, by notice in writing and without any criminal proceedings being affected, specify the waste management measures that must be taken by that person to ensure that that person is not unduly advantaged by the failure to submit a plan.
  2. When specifying the waste management measures to be taken in terms of subsection (1), the Minister or MEC, as the case may be, must consider, and to the extent possible, align the measures to be taken with the measures that are set out in any other approved industry waste management plan and that is related to the activities of the person whose plan has been rejected more than once or who failed to submit a plan.