The Waste Regulations, 2000

INDEX | PART I: PRELIMINARY | PART II: GENERAL PROVISIONS | PART III: ADMINISTRATION | PART IV: STORAGE, COLLECTION AND DISPOSAL OF WASTE IN URBAN AREAS | PART V: STORAGE, COLLECTION AND DISPOSAL OF WASTE IN WASTE CONTROL AREAS | PART VI: CARRIAGE OF WASTE | PART VII: WASTE DISPOSAL FACILITIES | PART VIII: WASTE MANAGEMENT LICENCES | PART IX: SPECIAL WASTE | PART X: RECOVERY OF WASTE | PART XI: LITTERING AND ABANDONED VEHICLES | PART XII: WASTE MANAGEMENT PLANS | PART XIII: ENFORCEMENT | PART XIV: FINAL PROVISIONS | SCHEDULE ONE | SCHEDULE TWO | SCHEDULE THREE | SCHEDULE FOUR

PART II: GENERAL PROVISIONS

General Prohibition and Duty of Care

4. (1) A person shall not collect, transport, sort, recover, treat, store, dispose of or otherwise manage waste in a manner that is likely to result in an adverse effect.

(2) Every person who imports, produces, collects, recovers, transports, keeps, treats or disposes of waste must take all reasonable measures to prevent any other person contravening sub-regulation (1) in relation to that waste.

(3) Any person who contravenes sub-regulations (1) or (2) commits an offence and is liable on conviction to a fine not exceeding twenty five thousand Emalangeni and on a second or subsequent conviction, to a fine not exceeding fifty thousand Emalangeni and, in the case of a natural person, to imprisonment for a term not exceeding two years, or to both imprisonment and a fine.

Disposal of Waste

5. (1) Subject to sub-regulation (2), no person shall dispose of:
(a) commercial or industrial waste, or household waste produced in urban areas, except at an approved waste disposal facility;
(b) special waste except at an approved waste disposal facility;
(c) any household waste produced in a waste control area except at a local waste disposal site or a local waste collection site designated by the Authority under regulation 12(3) or at an approved waste disposal facility.

(2) The following acts do not contravene sub-regulation (1):
(a) the discharge directly into a water body of commercial or industrial waste, other than special waste, in the form of effluent in compliance with the [Water Pollution Control Regulations 2000] or
(b) the emission into the atmosphere of commercial or industrial waste, other than special waste, in the form of gas or particulates, in compliance with the [Air Pollution Control Regulations 2000].

(3) Any person who contravenes sub-regulation (1) commits an offence and is liable on conviction to a fine not exceeding twenty five thousand Emalangeni and on a second or subsequent conviction, to a fine not exceeding fifty thousand Emalangeni and, in the case of a natural person, to imprisonment to a term not exceeding two years, or to both imprisonment and a fine.

Import, export and trade in waste

6. (1) Subject to paragraph (2), no person shall import, export or trade in waste without the written permission of the Authority and subject to the terms and conditions imposed by the Authority

(2) The import of hazardous waste into Swaziland is prohibited.

(3) Any person who contravenes sub-regulation (1) or (2) commits an offence and is liable on conviction to a fine not exceeding twenty five thousand Emalangeni and on a second or subsequent conviction, to a fine not exceeding fifty thousand Emalangeni and imprisonment to a term not exceeding two years, or both.