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National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)

Regulations

Waste Exclusion Regulations, 2018

Chapter 2 : Application for Exclusion of a Waste Stream or a Portion of a Waste Stream from the Definition of Waste

6. Consideration of applications for exclusion of a waste stream or a portion of a waste stream from the definition of waste

 

(1) The Minister must upon receipt of the application for exclusion of a waste stream or a portion of a waste stream acknowledge receipt, in writing, of the application within 14 days after date of receipt.

 

(2) The Minister may, after consideration of the criteria contemplated in regulation 7 and the risk assessment contemplated in regulation 8 of these Regulations, in writing—
(a) grant the application and exclude a waste stream or a portion of waste stream from the definition of waste;
(b) require the application to be amended within a specified timeframe, and to be resubmitted for consideration;
(c) require the submission of additional information within a specified timeframe; or
(d) refuse the application and provide reasons for the decision.

 

(3) The Minister must, before taking a decision on the application, follow a consultative process contemplated in sections 72 and 73 of the Act.

 

(4) The Minister must, after granting an application, publish a government notice indicating the exclusion of a waste stream or a portion of a waste stream from the definition of waste, in the Government Gazette for general information.

 

(5) Where a waste stream or a portion of a waste stream has been excluded from the definition of waste in terms of these Regulations, such a waste stream or a portion of a waste stream must be managed in terms of the risk management plan developed in terms of regulation 10.