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

Chapter 9 : Miscellaneous

80. Repeal and amendment of laws, and savings

 

(1) Subject to subsections (2) and (3) and section 81, the laws set out in Schedule 2 are hereby repealed or amended to the extent set out in the third column thereof.

 

(2) Any regulation or direction made in terms of a provision of the Environment Conservation Act repealed by section (1) and in force immediately before the date of the coming into effect of this Act, remains in force and is considered to have been made under this Act until anything done under this Act overrides it.

 

(3) Anything lawfully done under a provision repealed by subsection (1) remains valid until anything done under this Act overrides it.

 

(4) A person operating a waste disposal facility that was established before the coming into effect of the Environment Conservation Act and that is operational on the date of the coming into effect of this Act may continue to operate the facility until such time as the Minister, by notice in the Gazette, calls upon that person to apply for a waste management licence.

 

(5) Any criminal proceedings instituted under section 19, 19A or 20(1) of the Environment Conservation Act that have not been finalised on the date of coming into effect of this Act, must be finalised as if those sections had not been repealed.