PROPOSED REGISTRATION REQUIREMENTS FOR WASTE TRANSPORTERS AND AMENDMENTS TO WASTE INFORMATION REGULATIONS
Title: Notice of Intention to Require any person or category of persons who transport waste for gain to register with the Department AND Proposed amendments to the National Waste Information Regulations, 2012
Government Gazette Notice: GN 1555 and GN 1556 in GG 40490 of 12 December 2016
Commencing date: Not yet specified
The Minister proposes to require all waste transporters, who transport waste for gain, to register with the Department of Environmental Affairs (DEA) or the South African Waste Information System (SAWIS). Any person or category of persons, excluding municipalities transporting waste, who transports waste for gain will have to register within 90 days of the publication of the final notice using a form obtainable from the Department or SAWIS in terms of the National Waste Information Regulations, 2012 (published in GN R625 in GG 35583 of 13 August 2012) (“Regulations”). Once registered, these persons will need to comply with the requirements of the Regulations.
The Regulations came into effect on 1 January 2013 and the purpose of these Regulations is to regulate the collection of data and information to fulfil the objectives of the national waste information system under the National Environmental Management Waste Act 59 of 2008. The Regulations require all persons conducting a waste activity as set out in Annexure 1 of the Regulations to register with the SAWIS and to comply with the provisions of the Regulations.
The Regulations are also proposed to be amended. The amendments include, amongst others, the following:
- Exclusion of residue stockpiles or residue deposits from being regulated by the regulations;
- The restriction of access to SAWIS to only registered persons or administrators;
- The addition of additional activities that need to be registered, including waste transporters
- The reduction of the threshold of hazardous waste which may be generated without having to register this waste activity from 500 kg to 100kg; and
- Amendment of the reporting requirements.
The public is invited to submit comments on these notices by 12 January 2017.
So what for my operation?
If your organisation currently transports waste for gain, your organisation will have to register with DEA or SAWIS within 90 days after finalisation of these notices. Your organisation will also be required to adhere to the requirements of the Regulations which include submission of specific information.
If your organisation does not transport waste for gain but makes use of a contractor to transport waste for gain, it is also important that you take note of these notices and requirements. You have a duty in terms of the National Environmental Management Act 107 of 1998 and National Environmental Management Waste Act 59 of 2008 to ensure safe disposal of all waste generated by your operations. Therefore, it is strongly recommended that you ensure that you can prove that the contractors that you are using to transport waste for gain are registered with DEA and SAWIS and that the contractors adhere to the Regulations after these notices have been finalised.
What is Shangoni’s approach?
Shangoni can assist you in verifying whether registration of your company, or of contractors used on your site, is required in terms of legislation. Shangoni can, furthermore, provide assistance in the registration process and subsequent submission of information as required by law.
