81. Transitional provisions in respect of permits issued in terms of Environment Conservation Act

  1. Despite the repeal of section 20 of the Environment Conservation Act by this Act, a permit issued in terms of that section remains valid subject to subsections (2) and (3).
  2. The holder of a permit issued in terms of section 20 of the Environment Conservation Act must apply for a waste management licence in terms of this Act, when required to do so by the licensing authority, in writing, and within the period stipulated by the licensing authority.
  3. A permit issued in terms of section 20 of the Environment Conservation Act lapses -
    1. if a waste management licence is issued in terms of this Act to the same person in respect of the same waste management activity;
    2. if the holder of the permit did not apply, within the stipulated period, for a waste management licence within the period contemplated in subsection (2); or
    3. if the licensing authority refuses an application contemplated in subsection (2).
  4. If a permit issued in terms of section 20 of the Environment Conservation Act lapses as contemplated in subsection (3)(b) or (c), the permit holder remains liable for taking all measures that are necessary to ensure that the cessation of the activity is done in a manner that does not result in harm to health or the environment.
  5. During the period for which a permit issued in terms of section 20 of the Environment Conservation Act continues to be valid, the provisions of this Act apply in respect of the holder of such a permit, as if that person were the holder of a waste management licence issued in terms of this Act.
  6. Despite the repeal of section 20 of the Environment Conservation Act by this Act, an application for a permit made in terms of section 20 of the Environment Conservation Act that was not decided when section 81 of this Act took effect, must be proceeded with in terms of this Act as if that application were an application for a waste management licence in terms of this Act.
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