3.4.3 Persons appointed to produce IndWMPs

3.4.3(1)
The Minister or MEC may give directions for an IndWMP to be prepared by a person, category of person or an industry that generates waste. However, on occasion the Minister or MEC may give directions for an IndWMP to be prepared by an independent person for the cost of the persons or industry responsible for the waste generating activities. In general this measure will not apply to well organised industries that respond to a request for the preparation of an IndWMP. This measure will only be invoked in instances where:

• There is no representative body or structure capable of preparing an IndWMP.
• The fragmented nature of the industry precludes the industry from agreeing on a suitable person to prepare the plan.
• The industry is comprised largely of SMMEs without a representative structure capable of preparing the IndWMP.
• An initial request to the responsible party is not satisfactorily met.

3.4.3(2)
Section 33(1) of the Act states that in the event that an IndWMP or its revision is rejected more than once, or if a person required to produce a plan fails to do so, the Minister or MEC may, by notice in writing and without any criminal proceedings being affected, specify the waste management measures that must be taken, ensuring that the person is not unduly advantaged by the failure to submit an approved plan.