5.4 Compliance and enforcement

5.4(1)
Chapter 7 of the Waste Act addresses compliance and enforcement matters and stipulates the powers of the Minister in relation to the National Water Act’s provisions for:

• Preventing and remedying the effects of pollution.
• Rectifying contraventions of the Water Act.
• Obtaining a high court interdict against any person contravening the Water Act.

5.4(2)
Chapter 7, Section 66 of the Act provides for Waste Impact Reports which can be requested by EMIs in cases where a contravention of the Waste Act is suspected and by WMOs where a review of a waste management license is undertaken.

5.4(3)
Section 67 of the Waste Act lists provisions of the Waste Act which constitute an offence if not complied with. The penalties for the offences are listed in section 68 of the Act.

5.4(4)
Section 6(1)(e) of the Act requires that the NWMS provides approaches for securing compliance with the provisions of the Act, including ‘monitoring of compliance’. Effective capacity to undertake compliance monitoring and the concomitant enforcement action where required is essential for the achievement of the objectives of the Act.