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

Chapter 8 : General Matters

Part 3 : Exemptions and appeals

77. Review and transfer of exemptions

 

(1) The Minister,  Minister responsible for mineral resources or MEC may—

[Words preceding section 77(1)(a) substituted by section 82(a) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023

(a) from time lo time review any exemption granted in terms of section 76; and
(b) on good grounds suspend or withdraw such exemption or amend the exemption, or any part thereof.

 

(2) Before suspending, withdrawing or amending an exemption, the Minister, Minister responsible for mineral resources or MEC must give the person to whom the exemption was granted an opportunity to comment, in writing, on the reasons for the suspension, withdrawal or amendment.

[Section 77(2) substituted by section 81(b) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023

 

(3) If an exemption has been granted in respect of a waste management activity, or part thereof, and ownership of that waste management activity is transferred, the exemption may, with the permission of the Minister, Minister responsible for mineral resources or MEC, be transferred by the holder of the exemption to the new owner of the waste management activity.

[Section 77(3) substituted by section 81(b) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023

 

(4) Section 52 applies with the changes required by the context to the transfer of exemptions.