69. Regulations by Minister

  1. The Minister may make regulations regarding -
    1. the identification and categorisation of waste;
    2. the manner in which particular waste types must be dealt with and managed;
    3. the manner in which priority waste must be dealt with and managed;
    4. requirements for monitoring of compliance with this Act or any licence issued in terms of this Act;
    5. waste management planning;
    6. the exercise of the duty of care;
    7. measures that are required for the environmentally sound management of waste;
    8. requirements in respect of waste management activities;
    9. measures that must be taken in respect of the implementation of waste minimisation, including the separation of waste at the point of generation and setting of targets or percentage of products that must be recovered under a re-use, recycling, refundable deposit or take-back programme;
    10. the control of the import or export of waste;
    11. the obligation of producers of a specified product or class of product to carry out a life cycle assessment in relation to the product, in such manner or in accordance with such standards or procedures as may be specified;
    12. the requirements that must be complied with in respect of the design, composition or production of a product or packaging, including requirements in respect of -
      1. the restriction of the composition, volume or weight of packaging;
      2. the reduction, re-use, recycling and recovery of packaging; and
      3. the use of alternate materials that are less harmful to the environment;
    13. the utilisation of waste by way of recovery, re-use and recycling;
    14. the reduction of waste by -
      1. the adoption of certain manufacturing processes; and
      2. the use of alternative materials or products;
    15. the financial arrangements of waste minimisation programmes;
    16. the institutional arrangements for the administration of waste minimisation programmes;
    17. the control over waste management facilities;
    18. labelling requirements in respect of waste management;
    19. the location, planning and design of waste management activities;
    20. the registration of persons transporting waste;
    21. the manner in which a site assessment in terms of section 37 must be conducted and the person who may conduct such assessments;
    22. the contents of a site assessment report contemplated in section 37, including persons who may undertake such site assessments;
    23. the manner in which an application for a waste management licence must be made, including the persons who may manage such applications;
    24. requirements in respect of the funding or insuring of a waste management activity;
    25. the nature, type, time period and format of data and information to be submitted in terms of a waste information system established in terms of this Act;
    26. the procedure for the institution of appeals against decisions of officials in the performance of their functions in terms of this Act;
    27. (aa) the dissemination of information to the public;
    28. (bb) incentives and disincentives to encourage a change in behaviour towards the generation of waste and waste management by all sectors of society;
    29. (cc) matters that must be regulated by a contract between a municipality and any waste management service provider;
    30. (dd) any matter that may or must be prescribed in terms of this Act; and
    31. (ee) any other administrative or procedural matter that it is necessary for the proper administration and implementation of this Act.
  2. Aregulation under subsection (1) (i), (j), (k), (l), (n) and (r) may only be made after consultation with the Minister of Trade and Industry.
  3. A regulation under subsection (1)(o) and (x), and a regulation in respect of financial incentives and disincentives made under subsection (1) (bb), may only be made with the concurrence of the Minister of Finance.
  4. A regulation under subsection (1)(cc) may only be made after consultation with the Minister for Provincial and Local Government.
  5. A regulation under subsection (1)(u), (v) and (w) may only be made after consultation with the Minister of Water Affairs and Forestry.
  6. Any regulation which pertains to the treatment of waste by means of incineration must be submitted to the National Assembly 30 days prior to publication.