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 V: STORAGE, COLLECTION AND DISPOSAL OF WASTE IN WASTE CONTROL AREAS

Designation of Waste Control Areas

12. (1) Where the Minister for the Environment, acting on the advice of the Authority, and after consultation with the competent authority or organ of Government responsible for rural development considers that the disposal of waste in any non-urban area is resulting in an adverse effect, or there is a significant risk that it will result in an adverse effect, the Minister for the Environment may, by notice in the Gazette, designate the area as a waste control area.

(2) The organ of Government or public body that has primary responsibility for waste management in a waste control area -
(a) shall prepare and submit to the Authority for approval, a plan for the management of waste in the waste control area that conforms to the requirements of the Authority including any national waste strategy published by the Authority;
(b) shall designate one or more local waste disposal sites or local waste collection sites within each waste control area;
(c) shall inform the public within the waste control area of the location of these designated waste disposal and waste collection sites; and
(d) may request the Minister for the Environment to prescribe guidelines for the disposal of waste within the waste control area, either by regulation or in the form of a code of practice issued in accordance with section 87; and
(e) shall report at least once annually to the Authority on the implementation of its waste management plan.

(3) An organ of Government or public body with primary responsibility for waste management in a waste control area may, with the consent of the Minister responsible for environmental affairs, delegate some or all of its functions under this section to another organ of Government, public body, chief or traditional authority, or to an organisation which is representative of the people in the waste control area.

Duties of producers of waste in Waste Control Areas

13. (1) Every person in a waste control area shall dispose of any household waste which the person generates -
   (i) in a local waste disposal site or at a local waste collection site designated by the Authority; or
   (ii) within the boundaries of the site which they occupy, by burying the waste in a pit in the ground which is located at a safe distance from human living areas and drinking water sources.

(2) Every person in a waste control area shall comply with directions by the Authority regarding the proper management and safe disposal of waste, of which they are notified or which are widely publicized in the waste disposal area.

(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 to a term not exceeding two years, or to both imprisonment and a fine.