| (b) |
the waste management activity involves obligations in terms of an international obligation, including the importation or exportation of hazardous waste; |
| (c) |
the waste management activity is to be undertaken by— |
| (i) |
a national department; |
| (ii) |
a provincial department responsible for environmental affairs; or |
| (iii) |
a statutory body, excluding any municipality, performing an exclusive competence of the national sphere of government; |
| (d) |
the waste management activity will affect more than one province or traverse international boundaries; or |
| (e) |
two or more waste management activities are to be undertaken at the same facility and the Minister is the licensing authority for any one of those activities. |
| (1A) |
The Minister responsible for mineral resources is the licensing authority where the waste management activity is a mining activity as defined in the National Environmental Management Act. |
[Section 43(1A) substituted by section 71(a) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023]
| (1B) |
The Minister responsible for mineral resources is responsible for the implementation of the licensing system provided for in this Chapter in so far as the matters referred to in subsection (1A) are concerned. |
[Section 43(1B) substituted by section 71(b) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023
| (2) |
Subject to subsection (1), the MEC of the province in which the waste management activity is being or is to be carried out is the licensing authority. |
| (3) |
Despite subsections (1), (1A) and (2), the Minister, the Minister responsible for mineral resources and an MEC may agree that an application or applications for waste management licences regarding any waste management activity— |
| (a) |
referred to in subsection (1), may be dealt with by the MEC or the Minister responsible for mineral resources; |
| (aA) |
referred to in subsection (1A), may be dealt with by the Minister; or |
| (b) |
in respect of which the MEC or the Minister responsible for mineral resources has been identified as the licensing authority, may be dealt with by the Minister. |
[Section 43(3) substituted by section 71(c) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023
| (a) |
In accordance with section 125(2)(b) of the Constitution, whenever a licensing authority, referred to in subsection (2), fails to take a decision on an application for a waste management licence within the period prescribed by this Act, the person that applied for a waste management licence may apply to the Minister to take the decision. |
| (b) |
The person referred to in paragraph (a) must notify the MEC or the Minister responsible for mineral resources, as the case may be, in writing of the intention to exercise the option in paragraph (a) at least 30 days prior to the exercising of such option. |
| (c) |
The application contemplated in paragraph (a) must, at least, contain all the documents submitted to the MEC or the Minister responsible for mineral resources, as the case may be, in respect of the application for a waste management licence, in order to enable the Minister to take a decision. |
| (d) |
Before taking a decision contemplated in paragraph (a), the Minister must request the MEC or the Minister responsible for mineral resources, as the case may be, to provide him or her with a report within a specified period on the status and causes for the failure to make a decision in the application for waste management licence concerned. |
| (e) |
After having received the report referred to in paragraph (d) or in the event that no response or no satisfactory response or cooperation is received from the MEC or the Minister responsible for mineral resources, as the case may be, within the specified period, the Minister must, where appropriate— |
| (i) |
inform the applicant in the event that the MEC or the Minister responsible for mineral resources, as the case may be, had complied with the relevant prescripts; |
| (ii) |
assist the MEC or the Minister responsible for mineral resources, as the case may be, in accordance with section 125(3) of the Constitution to fulfil his or her obligations under this Act; or (iii) direct the MEC or the Minister responsible for mineral resources, as the case may be, to take the decision and such other steps as the Minister may deem necessary within a specified period. |
| (f) |
In the event that the MEC or the Minister responsible for mineral resources, as the case may be, fails to take the decision within the specified time period or in any other manner fails to comply with the directive contemplated in paragraph (e)(iii), the Minister must take the decision within a reasonable period. |
| (g) |
The Minister must, simultaneously with the submission of the annual report contemplated in section 40(1)(d)(i) of the Public Finance Management Act, 1999 (Act No. 1 of 1999), submit a report to Parliament setting out the details regarding the exercise of the power referred to in this section during the previous financial year |
[Section 43(4) inserted by section 71(d) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023
Contingency Fees Act, 1997
