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

Regulations

Regulations regarding the Control of the Import of Export of Waste, 2017

Chapter 1 : Definitions and Purpose of Regulations

1. Definitions

 

In these Regulations, any word or expression to which a meaning has been assigned in the Act has that same meaning, and unless the context indicates otherwise—

 

"consent"

means an approval to import, transit or export waste issued by the competent authority;

 

"carrier"

means a person who transports waste to, from or through South Africa;

 

"competent authority"

means a government authority, other than the Department, responsible for issuing consent for the transboundary movement of waste;

 

"country of export"

means a country from which the transboundary movement of waste is planned to be initiated or is initiated;

 

"country of import"

means a country to which waste is planned to be transported to as a final destination;

 

"country of transit"

means a country through which the waste will travel or is planned to travel through en route to its final destination;

 

"Department"

means the national department responsible for environmental affairs;

 

"developed country"

means members of the Organisation for Economic Co-operation and Development (OECD), European Community  (EC) and Liechtenstein;

 

"developing country"

means all other countries not members of the Organisation for Economic Co­ operation and Development (OECD), European Community (EC) and Liechtenstein;

 

"exporter"

means a person who sends or transports or intends to send or transport waste from the Republic to another country;

 

"importer"

means a person who receives or intends to receive waste into the Republic other than receipt for transit;

 

"movement document"

means the form provided in Annexure 2 of these Regulations;

 

"notification document"

means the notification form for the import, export or transit of waste provided in Annexure 1 of these Regulations;

 

"re·import"

means the import of waste that left the country of export legally but is being returned, or is expected to be returned, to the country of export;

 

"safe disposal certificate"

means a document which is issued by the waste treatment facility confirming the acceptance and management of the waste;

 

"second hand goods"

means second hand goods as defined in the Second-hand Goods Act, 2009 {Act No. 6 of 2009);

 

"the Act"

means the National Environmental Management Waste Act 2008 (Act No. 59 of 2008)

 

"transit"

means the continuous passage, movement or transportation of waste from one border of the Republic to another such border without storage other than temporary storage incidental to transport ;

 

"waste treatment facility"

means a waste treatment facility as defined in the National Environmental: Waste Act, 2008 (Act No. 59 of 2008).