3.4.4 Organs of state appointed to produce IndWMPs

4.3.4(1)
The Minister may require that an organ of state, excluding a municipality, prepare an IndWMP, and similarly, the MEC may request that the provincial department responsible for environmental affairs prepare an IndWMP. The cost of this will then be recovered from the person, category of persons or industry responsible for producing the waste. When requesting that an organ of state or provincial department prepare an IndWMP, a timeframe for doing so must be stipulated. This measure will be invoked in instances where:

• The nature of an industry makes it impractical for a party other than an organ of state to produce an IndWMP.
• The industry is largely dominated by state owned entities.
• The industry relates to defence of the state or deals with information that is deemed sensitive to the security of the state.
• The knowledge of the affected party regarding reduction, re-use, recycling and recovery is deemed to be limited.
• The party is comprised of SMMEs, and consensus cannot be reached on a suitable person to prepare the plan.
• The party originally requested to prepare the plan has failed to do so.