71. General regulatory powers

  1. Regulations made under this Act may -
    1. restrict or prohibit any act, either absolutely or conditionally;
    2. apply -
      1. generally to the Republic or a province, or only in a specified areas or category of areas; or
      2. generally to all persons or only to a specified category of persons;
    3. differentiate between different -
      1. areas or category of areas;
      2. persons or categories of persons; or
      3. types, classes or categories of waste;
    4. incorporate by reference any guideline, minimum requirements, code of practice or any national or international standard relating to waste management.
  2. Regulations made under this Act may provide that any person who contravenes or fails to comply with a provision thereof commits an offence and is liable on conviction to -
    1. imprisonment for a period not exceeding 15 years;
    2. an appropriate fine; or
    3. both a fine and imprisonment.
  3. (a) Before publishing any regulation under this Act, or any amendment to the regulations, the Minister or MEC, as the case may be, must follow a consultative process in accordance with sections 72 and 73.
    (b) Paragraph (a) need not be complied with if the regulations are amended in a non-substantive manner.
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