The Waste Regulations, 2000

PART VI: CARRIAGE OF WASTE

Special Waste Carrier Licences

14. (1) No person shall transport special waste except under and in accordance with a special waste carrier licence issued by the Authority under this regulation.

(2) A person wishing to obtain a special waste carrier licence shall submit a written application to the Authority together with the fee prescribed in Schedule Four and the application shall include -
(a) a description of the types of special wastes which the applicant wishes to transport;
(b) the anticipated volume of special waste to be transported annually;
(c) a description of the containers and vehicles which will be used to transport the special waste;
(d) a description of the measures which will be taken to minimise any potential danger to the environment or to human health (including the safety of workers) arising from the handling and transportation of the special waste;
(e) a description of the emergency contingency plans which the carrier has or will establish to deal with any accidental escape of special waste or any other unexpected threat to human health or the environment arising from the transportation of special waste; and
(f) any other information which the Authority may reasonably require in order to determine the application.

(3) The Authority shall consider the application and if necessary request additional information from the applicant and within thirty days of receiving the application, or any additional information requested, shall decide whether or not to issue a special waste carrier licence and notify the applicant in writing of its decision.

(4) If the Authority is satisfied, firstly that the carriage of the special waste will not cause an adverse effect, and secondly that the carrier will take all reasonable precautions to minimise the risk of causing an adverse effect, the Authority shall issue a special waste carrier licence subject to whatever terms and conditions the Authority considers appropriate, but if it is not satisfied on both these counts, it shall refuse the application giving reasons for the refusal.

(5) A special waste carrier licence shall be valid for a period of three years, unless revoked in accordance with regulation 33(4).

(6) This Part shall not apply to waste oil from motor vehicles.

(7) 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.

Consignment notes for Special Waste

15. (1) For the purposes of this regulation, in relation to a consignment of special waste -

"carrier" means the person who collects that waste from the premises at which it is being held and transports it to another place;

"consignee" means the person to whom that waste is transported;

"consignment note" means a note in a form corresponding to the form set out in Schedule 2, and includes any additional material accompanying the note; and "consignor" means the person who causes that waste to be removed from the premises at which it is being held.

(2) Five copies of a consignment note shall be prepared for each consignment of special waste, and in accordance with this regulation, one copy shall be retained by the consignor, one copy by the carrier, one copy by the consignee, and the consignee shall send two copies to the consignee's waste regulation authority.

(3) The consignee's waste regulation authority shall retain one copy of the consignment note and, if applicable, shall send the other to the consignor's waste management authority.

(4) Before a consignment of special waste is removed from the premises at which it is being held -
(a) five copies of the consignment note shall be prepared and the consignor shall ensure that Part A (consignment details) and Part C (consignor's collection certificate) is completed on each of the copies;
(b) the carrier shall ensure that -
   (i) Part B (carrier's collection certificate) is completed on those five copies;
   (ii) one copy of the consignment note on which parts A, B and C have been completed is given to the consignor before the consignment is removed; and
   (iii) he or she receives four of the copies on which Parts A, B and C have been completed and gives them to the consignee before or at the time the consignee receives the consignment.

(5) Subject to sub-regulation (7), the consignee shall on receiving a consignment -
(a) ensure that Part D (consignee's acceptance certificate) is completed on the four copies of the consignment note which the consignee receives;
(b) retain one completed copy;
(c) ensure that one completed copy is immediately given to the carrier; and
(d) ensure that the remaining two copies are given, within 7 days of receipt of the consignment, to the waste regulation authority for the area to which the consignment has been transported.

(6) A waste regulation authority that receives copies of a consignment note for waste that has been transported from an area under the control of another waste regulation authority, shall immediately send a copy of that consignment note to the waste regulation authority for the area from which the consignment was transported.

(7) If a consignee refuses to accept delivery of a consignment of special waste, the requirements of sub-regulation (5) shall not apply to the consignee, and if the consignee has been given copies of the consignment note, the consignee shall, without completing Part D -
(a) retain one copy;
(b) ensure that two copies, accompanied by a written explanation of the reasons for not accepting delivery are given immediately to the waste regulation authority for the area to which the special waste has been transported; and
(c) ensure that the other copy is returned to the carrier.

(8) Where a consignee refuses to accept delivery of a consignment of special waste, as described in paragraph (7), the carrier shall ensure that the consignment of waste is -
(i) returned to the consignor; or
(ii) delivered to another consignee designated by the consignor.

(9) Where a consignment of special waste is delivered to a consignee other than the consignee originally named in Part A of the consignment note, as described in paragraph (8) (ii) above, the carrier shall amend Part A of the consignment note accordingly and the consignor shall sign the amended Part of the consignment note before the new consignee may accept the consignment of waste.

(10) The consignor and the carrier shall retain their copies of the consignment note for a minimum period of five years and the consignee and the consignee's waste regulation authority shall retain their copies of the consignment note for a minimum period of ten years.

(11) The Authority may at any reasonable time inspect the consignment notes and records relating to the movement of special waste held by a consignor, carrier, consignee, or waste regulation authority.