The Waste Regulations, 2000

PART XIII: ENFORCEMENT

Authorised Officers

32. (1) The Director may designate in writing any public officer, official of a municipality or representative of a traditional authority, either by name or ex officio, as an authorised officer for the purpose of enforcing these Regulations.

(2) An authorised officer may -
(a) without a warrant -
(i) enter, inspect and search any premises, other than a building used exclusively as a dwelling house, if the authorised officer has reason to believe that the provisions of these Regulations are being contravened or are reasonably likely to be contravened;
(ii) stop, enter and search any vehicle, vessel of aircraft which he has reasonable grounds to believe may be transporting waste in contravention of these Regulations;
(b) inspect, seize and take copies of any documents which may constitute evidence of the commission of an offence under these Regulations;
(c) remove any waste deposited in contravention of these Regulations.

Enforcement Notices

33. (1) If the Authority believes that any condition of any licence or permit granted under these Regulations is being breached or that any adverse effect is being caused, or is likely to be caused, by operations or activities carried out under the licence or permit, the Authority may serve a notice on the licence holder requiring that person to remedy the breach and/or to take specified measures to prevent or mitigate the adverse effect, within a reasonable period stipulated in the notice.

(2) The Authority may by notice in writing to the holder of a licence or permit suspend the licence or permit with immediate effect if the Authority considers that this is necessary to prevent or mitigate a significant risk of a potential adverse effect occurring.

(3) If the licence or permit holder fails to remedy the breach or to take the measures specified in the notice, within the period stipulated in the notice, the Authority may suspend the licence or permit, and give a further notice to the licence or permit holder that if the breach is not remedied, or the specific steps are not taken, within a further period of time stipulated in the notice, the licence or permit will be revoked.

(4) If the breach is not remedied, or the specified steps are not taken, within the further period referred to in the notice given under sub-regulation (3), the Authority may -

revoke the licence or permit;
in the case of a waste management licence appoint a new operator or take over the management of the facility for a limited period; and/or
take a necessary steps to remedy the breach, or prevent or mitigate the adverse effect, and recover the cost from the licence or permit holder.

(5) During suspension of a waste management licence under this regulation, waste which would normally be disposed of at the facility to which the licence relates may be stored or disposed of at an alternative facility approved by the Authority and in accordance with the requirements of the Authority.

(6) Any licence or permit holder who fails to take measures to prevent or mitigate any adverse effect stipulated in a notice under 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.

Enforcement of Special Waste Management Licences

34. (1) The Authority may, by notice in writing to the holder of a special waste management licence, suspend the licence with immediate effect if the Authority considers that this is necessary to prevent or mitigate a significant risk of a potential adverse effect occurring.

(2) If the Authority believes that any condition of a special waste management licence is being breached or that any adverse effect is being caused or is likely to be caused by the storage, handling, treatment or disposal of the special waste, the Authority may serve a notice on the licence holder requiring that person to remedy the breach and/or to take specified measures to prevent or mitigate the adverse effect, within a reasonable period stipulated in the notice.

(3) If the licence holder fails to remedy the breach or to take the measures specified in the notice, within a period stipulated in the notice, the Authority may suspend the licence, and give a further notice to the licence holder that if the breach is not remedied, or the specified steps are not taken, within a further period of time stipulated in the notice, the licence will be revoked.

(4) If the breach is not remedied, or the specified steps are not taken, within the further period referred to in the notice given under sub-regulation (3), the Authority may -
(a) take the necessary steps to remedy the breach or to prevent or mitigate the adverse effects, and recover the cost from the holder of the special waste management licence; and/or
(b) revoke the licence.

(5) Any holder of a special waste management licence who fails to take measures to prevent or mitigate adverse effects stipulated in a notice under sub-regulation (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.

Revision of Licences and Permits

35. The Authority may upon notice to the licence or permit holder revise a licence or permit issued under these Regulations if it is necessary in order to avoid or mitigate any adverse effects.

Abatement Notices

36. (1) If the Authority believes that any person is contravening any provision of these regulations or that any waste under the control of any person is causing an adverse effect or is posing a significant risk of a potential adverse effect occurring, the Authority may by written notice served on that person, require the person to take specified steps to comply with these Regulations or to remove or reduce the risk, within a period specified in the notice.

(2) If a person fails to comply with a notice under sub-regulation (2), the Authority may cause the required measures to be taken and may order the person on whom the notice was served to reimburse the Authority for the costs of taking such steps.

(3) Any person who is aggrieved by a cost order under sub-regulation (2) may appeal to the Minister in accordance with section 17(1) of the Act.