3.5.4 Preparation of plans

IndWMPs must be produced in a consultative manner in line with the directions given by the Minister or MEC, and the contents of a proposed IndWMP must be brought to the attention of relevant organs of state, interested persons and the public. Any comments submitted in respect of the IndWMP must be considered, and a copy of all comments received must be submitted with the proposed plan to the Minister or MEC.

On occasion the Minister or MEC may give directions that an independent person prepares an IndWMP for the cost of the persons or industry responsible for the waste-generating activities. The Minister or MEC will only invoke this measure if no representative body or structure is capable of preparing an IndWMP, or if the fragmented nature of an industry precludes the industry from agreeing on a suitable person to prepare the plan, or if the responsible party doesn't satisfactorily comply with an initial request.

The Minister may require that an organ of state, excluding a municipality, prepares an IndWMP, and similarly, the MEC may request that the provincial department responsible for environmental affairs prepare an IndWMP. Organs of state may be required to prepare an IndWMP where the industry is largely dominated by state owned entities, or the industry relates to defence of the state or deals with information that is deemed sensitive to the security of the state. The industry responsible for producing the waste must pay the cost of preparing the plan.