Mandating Procedures of Provinces Act, 2008
R 385
National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)RegulationsDumping at Sea Regulations6. Immediate emergency dumping |
| (1) | The recipient of a verbal authorisation to conduct immediate emergency dumping in terms of regulation 4(1)(a) must submit a written request, by application, to the Minister, on a form obtainable from the Department, within 5 calendar days of being granted verbal authorisation to allow the Minister to consider and if appropriate, confirm the verbal authorisation in writing by issuing an emergency dumping permit in terms of regulation 4(1)(a). |
| (2) | The recipient of a verbal authorisation in terms of regulation 4(1)(a) who has left coastal waters after the dumping has occurred, must comply with subregulation (1). |
| (3) | The Minister must, within 2 working days after receipt of the application in subregulation (1), acknowledge receipt of the application in writing. |
| (4) | An application in terms of subregulation (1) must contain the following information: |
| (a) | a fully completed application form obtainable from the Department; |
| (b) | proof of payment of the application fee, if prescribed; |
| (c) | details about the circumstances which led to the emergency; |
| (d) | a report demonstrating why the dumping was the only available option in the circumstances; |
| (e) | the last point of departure and the immediate destination of the vessel, platform or aircraft at the time at which the disposal occurred; |
| (f) | the latitude and longitude of the disposal site and the depth of the sea at that location; |
| (g) | an extract of all portions of the log-book and manifests of the vessel, platform or aircraft related to the emergency; |
| (h) | a detailed description of the circumstances under which the waste or other material was disposed of and the date and time of the disposal; |
| (i) | a detailed description of the actions taken to minimise danger to human life and to the receiving environment, including marine biodiversity; |
| (j) | a description of the waste or other material disposed of, including information on the composition and nature of the waste or other material that is sufficient to allow for the identification of the waste or other material; |
| (k) | material safety data sheets of the waste or other material so dumped, where applicable; |
| (l) | the quantity that was disposed of; |
| (m) | the form of the waste or other material, namely, whether solid, liquid or gas, and the methods used to package and contain the waste or other material, if any; |
| (n) | the trade name of the waste or other material, if any; |
| (o) | in the case of an aircraft, a letter from the South African Civil Aviation Authority confirming that the dumping met the criteria in regulation 4(1)(a); |
| (p) | an estimate of the time required for the waste or other material to disappear below the surface of the water; and |
| (q) | where the application is made on behalf of another person, proof that the applicant is authorised to act on behalf of the person on whose behalf the application is being made. |
