National Environmental Management: Waste Act: Fees structure for consideration and processing of applications for waste management licences, transfer and renewal thereof (No. R. 142 of 2014)

NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 (ACT NO. 59 OF 2008) FEE STRUCTURE FOR CONSIDERATION AND PROCESSING OF APPLICATIONS FOR WASTE MANAGEMENT LICENCES, TRANSFER AND RENEWAL THEREOF Bomo Edith Edna Molewa, Minister of Water and Environmental Affairs, hereby prescribe the fees for the consideration and processing of applications for waste management licences and the transfer and the renewal thereof under sections 45(2), 52(4)(a), 55(3)(a) and 69(1)(dd), read with section 73 of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), in the Schedule hereto. BOMO NA MOLEWA, MP MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS STAATSKOERANT, 28 FEBRUARIE 2014 No. 37383 7 This gazette is also available free online at www.gpwonline.co.za No. 142 28 February 2014 SCHEDULE 1. Definitions (1) In these regulations any word or expression to which a meaning has been assigned in the Act, 2008 (Act No, 59 of 2008) and the Environmental Impact Assessment Regulationshas the meaning so assigned,uniess the context indicates otherwise, and "application" means an application for (a) a waste management licence applied for in terms of section 45 of the Act; (b) a transfer of a waste management licence applied for in terms of section 52 of the Actor (c) a renewal of a waste management licence applied for in terms of section 55 of the Act; "Environmental Impact Assessment Regulations" means the regulations made in terms of section 24(5)(b) of the National Environmental Management Act, 1998 (Act No. 107 of 1998) and includes the amendments thereto; "proof of payment" includes a receipt, a stamped deposit slip, electronic fund transfer copy or a payment advice; and "the Act" means the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008). (2) When a period of days must be reckoned in terms of these regulations, it will be reckoned as indicated in the Environmental Impact Assessment Regulations, 2. Application of regulations These regulations apply to an application,but will exclude an application (a) for a community based project funded by government grants; or (b) made by an organ of state. 3. Applicable Fee The fees applicable for an application are as indicated in the Annexure hereto. 8 No. 37383 GOVERNMENT GAZETTE, 28 FEBRUARY 2014 This gazette is also available free online at www.gpwonline.co.za 4. Payment (1) The applicant for an applicationmust pay the applicable fees, as indicated in the Annexure, before or on the date of the submission of the application to the licensing authority, (2) The applicant must attach proof of payment to the application form submitted to the licensing authority, (3) Where an applicant is not required to pay a fee as contemplated in regulation 2, the applicant must inform the licensing authority in writing and attach proof thereof or a motivation to the application form. (4) In the instance where an application (a) is rejected, but the correct prescribed fee was paid; (b) is withdrawn; or (c) has lapsed, the fee will not be refunded. (5) A re-submission of an application referred to in sub regulation (4)(b) or (c) will be considered as a submission of a new application and will require the payment of therelevant fee indicated in the Annexure. (6) Where an application for a waste management licence for which basic assessment is required, is lodged, and it later transpires that the application requires S &EIR, the balance of the fee must be paid by the applicant and proof of payment must be submitted within 30 days from the date that the applicant has been informed by the licensing authority thereof, otherwise it will be deemed that the applicant has withdrawn the application. (7) Payment of the fees referred to in subregulations (1), (5) and (6) may be made only by electronic transfer or a deposit into the bank account of the relevant licensing authority as indicated on the application form. (8) The fees specified in the Annexure will be charged per application and not per waste STAATSKOERANT, 28 FEBRUARIE 2014 No. 37383 9 This gazette is also available free online at www.gpwonline.co.za management activity triggered, 5, Commencement These regulations will come into operation 1 April 2014. ANNEXURE Application Fee Application for a waste management licence for which basic assessment is required in terms of the Act. R2 000 Application for a waste management licence for which S&EIR is required in terms of the Act. R10 000 Application for a transfer of a waste management licence in terms of section 52(2) or for the renewal of a waste management licence in terms of section 55(2) of the Act. R2000 10 No. 37383 GOVERNMENT GAZETTE, 28 FEBRUARY 2014 This gazette is also available free online at www.gpwonline.co.za