(contentS)  (PART I)  (PART II)  (PART III)  (PART IV)  (PART V)  (PART VI)  (PART VII  (PART IX)  (PART X  (PART XI)  (SCHEDULE 1)

PART VI - WASTE MANAGEMENT

General Prohibition and Duty of Care

41. (1) No person may collect, transport, sort, recover, treat, store, dispose of or otherwise manage waste in a manner that results in an adverse effect, or creates a significant risk of an adverse effect occurring.

(2) A person who contravenes subsection (1) commits an offence and shall, on conviction be liable to imprisonment to a term not exceeding two years or to a fine not exceeding E100,000.00 or to both.

(3) Every person who imports, produces, collects, recovers, transports, keeps, treats or disposes of waste shall take all reasonable measures to prevent any other person contravening subsection (1) in relation to that waste.

(4) A person who contravenes subsection (3) commits an offence and shall, on conviction, be liable to imprisonment not exceeding two years or to a fine not exceeding E100,000.00 or to both.

(5) A person shall not dispose of waste in such a manner that it becomes litter or is likely to become litter.

(6) A person who contravenes subsection (5) commits an offence and shall, on conviction, be liable to imprisonment to a term not exceeding six months or a fine not exceeding E5,000.00 or to both.

Waste Licences

42. (1) No person may construct, own or operate a landfill site, incinerator or other facility at which waste is permanently disposed of or is stored indefinitely, without possessing and being in compliance with all the necessary approvals under section 32.

(2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to imprisonment to a term not exceeding two years or to a fine not exceeding E100,000.00 or to both.

(3) No person shall keep, treat or dispose of special waste except under and in accordance with a special waste management licence issued by the Director.

(4) A person who contravenes sub-section (3) commits an offence and shall, on conviction, be liable to imprisonment to a term not exceeding two years or to a fine not exceeding E100,000.00 or to both.

(5) No person shall transport special waste except under and in accordance with a special waste carrier licence.

(6) No person shall sort or separate any waste for the purpose of recovery at a waste disposal facility except under and in accordance with either a waste management licence for that waste disposal facility, or a licence issued by the Director.

(7) A person who contravenes sub-section (5) or sub-section (6) commits an offence and shall, on conviction, be liable to imprisonment to a term not exceeding one year or to a fine not exceeding E50,000.00 or to both.

(8) The Minister may on the recommendations of the Board and for the purposes of facilitating the effective implementation and enforcement of this Act:

a. exempt certain categories of waste and persons from the application of some or all of the provisions of this section; and

b. provide that some or all of the provisions of this section shall not apply in certain circumstances.

(9) The Director shall evaluate each application for a licence under this section, and shall either:

a. grant a licence if the Director is satisfied that the applicant has sufficient expertise to undertake the activity in question in accordance with any guidelines prescribed by the Authority and in a manner that will not have adverse effects; or

b. refuse to grant a licence giving reasons for the refusal in writing to the applicant.

(10) The Director shall not issue a licence under subsection (6) except subject to conditions designed to further the purpose of this Act and prevent the contravention of any Act, or other legal rule.

(11) The administration fee required for the issuance of a licence shall reflect the administrative costs of processing a licence application, including verifying statements in an application, devising conditions, and issuing the licence.

(12) The Director may amend, revoke or impose new conditions in a waste management licence if, and to the extent necessary in order to avoid, mitigate or remedy an adverse effect.

(13) No person shall transfer a waste management licence without the prior written approval of the Director.

(14) A person who contravenes sub-section (13) commits an offence and shall, on conviction, be liable to imprisonment to a term not exceeding one year or to a fine not exceeding E50,000.00 or to both.

(15) The holder of a waste management licence shall remain bound by the terms and conditions of the licence until the Director either revokes the licence or accept the surrender of the licence by notice in writing to the former licence holder, but the Director may by notice in writing, suspend the operation of certain terms and conditions of a licence.

(16) Any applicant for, or holder of, a waste management licence may apply to the Board for a review of the decision of the Director to refuse to grant, transfer or accepts the surrender of a licence, to amend or revoke an existing licence, or against any condition in a licence, in accordance with section 82.

Import, export and trade in waste

43. (1) 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) A person who contravenes sub-section (1) commits an offence and shall, on conviction, be liable to imprisonment to a term not exceeding two years or to a fine not exceeding E100,000.00 or to both.

(3) No person shall import hazardous waste into Swaziland.

(4) A person who contravenes sub-section (3) commits an offence and shall, on conviction, be liable to imprisonment to a term not exceeding five years or to a fine not exceeding E250,000.00 or to both.

Waste management functions of the Authority

44. (1) The Authority shall:

a. prepare a national waste strategy;

b. where necessary in order to promote the enhancement, protection and/or conservation of the environment and/or the sustainable management of natural resources, give general or specific directions to:

i. a local authority regarding the exercise of its functions relating to the collection and disposal of waste;

ii. any organ of Government, public body, or other body responsible for waste management in a waste control area regarding their functions relating to the management and disposal of waste in a waste control area;

c. issue special waste management licences, special waste carrier licences, and and waste management licences;

d. inspect waste disposal, handling and recovery facilities in respect of which a waste management licence is in force;

e. monitor compliance with licences issued under this Act;

f. take enforcement action where necessary, including variation, revocation and suspension of licences in the case of breach of licence conditions;

g. review and monitor the implementation of waste management plans by local authorities in urban areas and by any organ of Government, public body, or other body responsible for waste management in a waste control area in accordance with section 48; and

h. collect and analyse statistical data on waste produced and waste composition in Swaziland and include the findings of this research and appropriate recommendations in the annual report of the Authority.

Role of Local Authorities

45. (1) Within its area of jurisdiction each local authority shall:

a. collect and dispose of, or arrange for the collection and disposal of, all household waste in accordance with this Act;

b. ensure that waste is collected, transported and disposed of in accordance with this Act;

c. take all practical measures to promote and support the minimisation of waste and the recovery of waste, particularly at the point at which it is produced;

d. provide litter receptacles in public places; and

e. prepare and submit to the Authority for approval, a long-term plan for the management of waste that conforms to the requirements of the Authority including any national waste strategy published by the Authority.

(2) Each local authority shall report annually to the Authority on the types of wastes and the quantity of each type of waste, generated and disposed of within its area of jurisdiction and on the implementation of its waste management plan.

Site Restoration Orders

46. (1) Where waste has been deposited in any place in breach of this Act or of a condition of a waste management licence or a special waste management licence, the Director may serve a site restoration order on a person referred to in subsection (2) requiring that person to remove the waste and to restore the site to a condition satisfactory to the Director, and to take any other measures stipulated in the order that the Director considers appropriate to give effect to the purpose of this Act.

(2) A site restoration order under subsection (1) may be served on:

a. any person whom the Director has reason to believe deposited the waste;

b. any person whom the Director has reason to believe ordered or permitted the waste to be deposited; or

c. any owner, occupier, or person having charge, management or control of the place or premises.

(3) Any person on whom a site restoration order has been served shall immediately take all reasonable measures to comply with the order.

(4) A person who contravenes sub-section (3) commits an offence and shall, on conviction, be liable to imprisonment to a term not exceeding one year or to a fine not exceeding E50,000.00 or to both.

(5) Any person on whom a site restoration order has been served may apply to the Board for a review of the decision to issue the order or of any directions in the order in accordance with section 82.

(6) The Board shall revoke a site restoration order if, after considering the representations made to it by the appellant, it is satisfied that the person on whom the order was served is not a current owner, occupier, or person having charge, management or control of the place or premises, and did not deposit, or order or permit the waste to be deposited.

Regulations

47. (1) The Minister may, on the advice of the Authority, make regulations to regulate waste management and waste disposal, and without limiting the generality of this provision, may make regulations:

a. to classify and define categories of waste, including hazardous waste and clinical waste, and to deem certain substances to fall within or outside such categories;

b. to exempt certain categories of waste and persons from the application of some or all of the provisions of this Part;

c. to regulate the issuance, amendment, expiry, revocation or imposition of licences and conditions in licences;

d. to establish administration fees required for the issuance of licences;

e. to restrict the locations at which waste disposal and waste management may be carried out;

f. to require specified categories of persons involved in the generation, management and disposal of waste to gather data and to submit reports, studies and plans, and prescribing the form and content of these reports, studies and plans;

g. to require compliance with plans and empowering the Director to require compliance with plans submitted under paragraph (f);

h. to require and regulate the control of litter and nuisances associated with waste;

i. to require the payment of charges and administration fees for the collection, management or disposal of waste;

j. to establish mandatory standards for the disposal of waste;

k. to require the separation of types of waste at the point of generation, during management and upon disposal;

l. to prohibit or regulate the movement and carriage of waste or any category of waste, including-

i. prohibiting and regulating the import, export or transit through any countries, of waste;

ii. establishing standards for the movement of any waste;

iii. requiring licences for the movement of waste;

iv. regulating and establishing standards for the packaging and labeling of waste and for documents accompanying consignments of waste in transit;

v. requiring manifesting systems and other systems for tracking the movement of hazardous waste or clinical waste; and

vi. requiring proof of arrangements for the safe and orderly movement and final disposal of the waste, including, proof of prescribed notification and prior informed consent of competent authorities of the state of import and any transit states and proof of the existence of prescribed arrangements specifying sound waste management and disposal;

m. to require and regulate deposit and return systems for products and for packaging and containers;

n. to require, regulate and restrict the use of notices, marks and labels on products, packaging and containers;

o. to require the physical separation of waste types by persons involved in the generation, management or disposal of waste;

p. to regulate and promote waste reduction, reuse, recycling, and recovery;

q. to prohibit and regulate the disposal of reusable, recyclable and recoverable wastes;

r. to require that importers, manufacturers, distributors, and vendors of products, packaging and containers accept the return of their products, packages and containers from the persons who acquired the products from them; and

s. to impose responsibility for any stage of hazardous waste or clinical waste management upon the generators, transporters, handlers and receivers of the waste.

Designation of waste control areas

48. (1) Where the Minister, acting on the advice of the Authority, and after consultation with the organs of Government responsible for rural development and any other competent authority with responsibility for a non-urban area, considers that the disposal of waste in that non-urban area is resulting in an adverse effect, or that there is a significant risk that it will result in an adverse effect, the Minister 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 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 88; 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, 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.

(contentS)  (PART I)  (PART II)  (PART III)  (PART IV)  (PART V)  (PART VI)  (PART VII  (PART IX)  (PART X  (PART XI)  (SCHEDULE 1)