______

Application for variation, renewal or transfer of a waste management licence

in terms of the National Environmental Management:Waste Act, 2008 (Act No. 59 of 2008)

(For official use only)
File ReferenceNo:
NEAS Reference No:
Date Received:
Office:

Kindly take note:[1]

  1. This application form must only be used to apply for the variation, the renewal, or transfer of a waste management licence. Avariation includes adding, substituting, removing or changing a condition or requirement of a waste management licence, or updating or changing any details or correcting a technical or typographical error. Please take note that variation does not include expansion (where the capacity of the facility or the volume of waste recycled, used, treated, processed or disposed of is increased).
  1. An application for a renewal of a waste management licence must be submitted before its expiry date and within the period specified in the licence. Should such an application not be submitted prior to the expiry date, an application for a new waste management licence will have to be submitted.
  1. The applicant and the EAP are required to determine who the licensing authority will be in terms of section 43 of the Waste Act. The licensing authorities may also be contacted to provide confirmation in this regard.Where the national Department of Environmental Affairs (“DEA”) is the licensing authority, the application must be made to DEA on their application form, available from the South African Waste Information Centre website (
  1. Definitions in this form are as per the NEMA, the EIA Regulations, the Waste Act and the waste management activities list in terms of the Waste Act.
  1. This application form is current as of 01December 2017. It is the responsibility of the applicant and/or EAP to ascertain whether subsequent versions of this form have been produced by this department.
  1. The required information must be typed within the spaces provided in the form. The sizes of the spaces provided are not necessarily indicative of the amount of information to be provided and additional relevant information may be attached to the back of this application form.
  1. Where appropriate, indicate applicable boxes in the form with a“x”.
  1. Incomplete application formsmay be rejected and may be returned to the applicant or EAP for amendment.
  1. The use of “not applicable” in the application form must be done with circumspection. If used in respect of information that is required by the licensing authorityfor assessing the application, it may result in the rejection of the application.
  1. Unless protected by law, all information contained in, and attached to this application form, will become public information on receipt by the licensing authority. Upon request, any interested and affected party may be provided with the information contained in and attached to this application form, during any stage of the application process.
  1. The following fees for the consideration and processing of applications for waste management licences are applicable as of 01 April 2014, unless the application is excluded from payment in terms of section 2 of Government Notice No. 142 of 28 February 2014:

Application / Fee
Application for a variation of a waste management licence in terms of section 54(1)(e) of the Waste Act / No fee
Application for a renewal of a waste management licence in terms of section 55(2) of the Waste Act / R 2 000.00 (Two thousand Rand)
Application for a transfer of a waste management licence in terms of section 52(2) of the Waste Act / R 2 000.00 (Two thousand Rand)
  1. Payment of fees may be made only by electronic fund transfer (EFT) or a bank deposit. Proof of payment of the applicable fee must accompany the submission of this application form. The banking details of the KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs are as follows:

Bank: / ABSA Bank
Account name: / KwaZulu-Natal Provincial Government - Economics
Account number: / 4072482787
Branch code: / 630495
Reference number (only for waste management licence applications): / 04003898
  1. Applications for community based projects funded by government grants and applications made by organs of state are excluded from the payment of fees. Where an application is excluded from the payment of fees, the applicant must attach proof thereof or a motivation to this application form.
  1. No faxed or e-mailed application forms will be accepted.
  1. This application form must be delivered toor posted to the Environmental Management Registry of this Departmentat the address provided below:

KwaZulu-Natal Department of Economic Development, Tourism & Environmental Affairs

Private Bag X9152

PIETERMARITZBURG

3201

270 Jabu Ndlovu StreetContact Person: Ms Mavis Padayachee

PIETERMARITZBURGTelephone No:033 264 2572

3201

1. GENERAL INFORMATION

1.1 Contact details

Name of applicant:
Trading name (if any):
Contact person:
Physical address:
Postal code:
Postal address:
Postal code:
Telephone: / Cell:
Fax: / E-mail:
Name of current licence holder (if the application is for a transfer):
Trading name (if any):
Contact person:
Postal address:
Postal code:
Telephone: / Cell:
Fax: / E-mail:
Environmental Assessment Practitioner (EAP):
Contact person:
Postal address:
Postal code:
Telephone: / Cell:
Fax: / E-mail:
EAP Qualifications
EAP registration/Associations
Name of landowneror person in control of the land:
Contact person:
Postal address:
Postal code:
Telephone: / Cell:
Fax: / E-mail:

1.2 Waste management activity details

Project title:
Property location:
(Farm/Erf name & number including portion)
Local municipality:
District municipality:
Property size:
(m2)
Waste management activity site size:
(m2)
SG21 Digit code
Coordinates: / Please note that coordinates must be provided for all corners of the waste management activity site. The coordinates must be in degrees, minutes, seconds.
Latitude (S) / Longitude (E)
Corner 1
Corner 2
Corner 3
Corner 4
Corner 5
Corner 6
Physical address:
Closest City/Town: / Distance / km

1.3 Type of application

Is this application for the variation, renewal or transfer of an existing waste management licence? / VARIATION / RENEWAL / TRANSFER
Reference number of the existing waste management licence in respect of which avariation, renewal or transfer is applied for:
Date of issue of the waste management licence:
Date of expiry of the waste management licence:
Activities for which the waste management licence was granted:
Please note: A copy of the waste management licence must be attached to this application.

2. DETAILS OF IMPLEMENTATION OF EXISTING WASTE MANAGEMENT LICENCE

2.1 Has the activity which is authorized in the waste management licence commenced? / YES / NO
2.2 If yes, please describe the implementation of the existing waste management licence to date:

3. VARIATION APPLIED FOR AND RELATED INFORMATION (this section is only applicable to variation applications)

3.1 Describe the variationthat is being applied for:

3.2 Please provide the reasons for the application for variation:

4. environmental impacts

4.1 Will the variation, renewal or transfer of the waste management licence result in an increased negative environmental impact? / YES / NO
4.2 If yes, describe any negative environmental impacts that may occur if the application is granted. Information on any increases in air emissions, waste generation, discharges to a water resource and impacts on the natural and cultural environment must be included.
4.3 Describe any negative environmental impacts that may occur if the application is not granted:
4.4 Describe any positive environmental impacts that may occur if the application is granted. Information on any reduction in the ecological footprint, air emissions, waste generation and discharges to a water resource must be included.

5. authorisation from other government departments

Are any permissions, licences or other authorizations required from any other government department/s before the requested application can be decided? / YES / NO

If yes, please complete the table below.

Name of department and contact person / Permission required / Permission applied for (Yes / No)

6. rights and interests of other parties

In your opinion, will this proposed variation, renewal or transfer adversely affect the rights and interests of other parties? Please explain. / YES / NO

Please note: The Department is entitled to request further information if it believes it is necessary for the consideration of the application. If the application is for a substantive amendment or if the rights or interest of other parties are likely to be adversely affected, the Department will instruct the applicant to conduct a public participation process and to conduct any investigations and assessments that it deems necessary.

7. COMPETENCE TO UNDERTAKE WASTE MANAGEMENT ACTIVITY (this section is only applicable to transfer applications)

In terms of sections 48(f) and 59 of the Waste Act the licensing authority must take into account whether the applicantis a “fit and proper” person. To assess the applicant’s competence to undertake the activity and operate the facility, please disclose the following:

Legal compliance

Yes / No / Details
Has the applicant ever been found guilty or issued with a non-compliance notice in terms of any national environmental management legislation?
Has the applicant’s waste managementlicence in terms of the Waste Act ever been suspended or revoked?
Has the applicant ever been issued with a non-compliance notice or letter in terms of any South African Law?
NB: Details required above include any information that the applicant wants the licensing authority to take into consideration in determining whether they are a “fit and proper person” and this includes reasons why the offence happened and measures in place to prevent recurrence

Technical competence

What technical skills are required to undertake the activity and operate the facility?
How will the applicant ensure and maintain technical competency in the operationof the facility?

Details of applicant’s experience and qualifications along with that of relevant employees must be summarised as shown in the table below:

Name / Position / Duties and responsibilities / Qualifications and experience

8.DECLARATIONS

8.1Declaration by the applicant

I, ______,declare that:

  • I am, or represent, the applicant in this application;
  • I will provide the licensing authority with access to all information at my disposal that is relevant to this application;
  • I will be responsible for the costs incurred in complying with the Waste Act, including but not limited to –
  • costs incurred in connection with the appointment of the environmental assessment practitioner or any person contracted by the environmental assessment practitioner;
  • costs incurred in respect of the undertaking of any process required in terms of the Waste Act;
  • costs in respect of any fee prescribed by the Minister or MEC in respect of the Waste Act;
  • costs in respect of specialist reviews, if the licensing authority decides to recover costs; and
  • the provision of security to ensure compliance with conditions attached to awaste management licence, should it be required by the licensing authority;
  • I will inform all registered interested and affected parties of any suspension of the application, as well as of any decisions taken by the licensing authority in this regard;
  • I am responsible for complying with the conditions of any waste management licence issued by the licensing authority;
  • I will not hold the licensing authority responsible for any costs that may be incurred in proceeding with an activity prior to obtaining a waste management licence or prior to an appeal being decided in terms of the NEMA and the Waste Act;
  • I will perform all other obligations as expected from an applicant in terms of the Waste Act;
  • all the particulars furnished by me in this form are true and correct; and
  • I am aware that supplying false or misleading information is an offence in terms of Section 67(1)(k) of the Waste Act and am aware of the penalties on conviction of such an offence.

Signature of the applicant / Signature on behalf of the applicant[2]

Name of applicant

Date
8.2 Declaration by the environmental assessment practitioner

I, ______, declare that:

  • I am the independent environmental assessment practitioner in this application;
  • I will perform the work relating to the application in an objective manner, even if this results in views and findings that are not favourable to the applicant;
  • there are no circumstances that may compromise my objectivity in performing such work;
  • I have expertise in conducting environmental impact assessments, including knowledge of NEMA and the Waste Act, regulations and any guidelines that have relevance to the proposed activity;
  • I will comply with NEMA and the Waste Act, regulations and all other applicable legislation;
  • I have no, and will not engage in, conflicting interests in the undertaking of the activity;
  • I undertake to disclose to the applicant and the licensing authority all material information in my possession that reasonably has or may have the potential of influencing - any decision to be taken with respect to this application by the licensing authority, and – the objectivity of any report, plan or document to be prepared by me for submission to the licensing authority;
  • I will ensure that information containing all relevant facts in respect of the application is distributed or made available to interested and affected parties and the public and that participation by interested and affected parties is facilitated in such a manner that all interested and affected parties will be provided with a reasonable opportunity to participate and to provide comments on documents that are produced to support the application;
  • I will ensure that the comments of all interested and affected parties are considered and recorded in reports that are submitted to the licensing authority in respect of the application, provided that comments that are made by interested and affected parties in respect of a final report that will be submitted to the licensing authority may be attached to the report without further amendment to the report;
  • I will keep a register of all interested and affected parties that participate in the public participation process;
  • I will provide the licensing authority with access to all information at my disposal regarding this application, whether such information is favourable to the applicant or not;
  • all the particulars furnished by me in this form are true and correct; and
  • I am aware that supplying false or misleading information is an offence in terms of Section 67(1)(k) of the Waste Act and am aware of the penalties on conviction of such an offence.

Signature of the environmental assessment practitioner

Name of environmental assessment practitioner

Date

Department of Economic Development, Tourism andEnvironmental Affairs, KwaZulu-Natal / Application for variation, renewal or transfer of waste management licence / Page 1 of 7

[1] This section of instructions (bullets 1-15) may be deleted on submission of the application form

[2] If the applicant is a juristic person, a signature on behalf of the applicant is required as well as proof of such authority