(3) Where the Board rejects an application made under this section it shall within twenty
one days of its decision, notify the applicant of the decision specifying the reasons therefor.
(4) Any person who, at the commencement of this Act, owns or operates a waste disposal
site or plant or generates hazardous waste, shall apply to the Board for a waste licence under this
section within six months after the commencement of this Act.
72 Hazardous waste
(1) The Standards and Enforcement Committee shall, in consultation with the Agency,
recommend to the Board standard criteria for the classification of hazardous wastes with regard
to determining—
(a) hazardous waste;
(b) corrosive waste;
(c) flammable waste;
(d) toxic waste;
(f) radioactive waste;
(g) any other category of waste the Board may consider necessary.
(2) The Board shall, on the recommendation of the Standards and Enforcement Committee,
issue guidelines and recommend to the Minister the making of regulations for the management
of each category of hazardous waste determined under subsection (1).
(3) Regulations referred to in subsection (2) may prescribe the procedure and criteria for⎯
(a) the control of imports and exports of toxic and hazardous chemicals and materials
permitted to be so imported or exported;
(b) the distribution, storage, transportation and handling of chemicals and materials.
73 Prohibition of discharge of hazardous substances, chemicals and materials
or oil into the environment
(1) No person shall discharge any hazardous substance, chemical, oil or a mixture
containing oil into any waters or any other or any parts of the environment contrary to the
criteria prescribed in terms of section seventy-two.
(2) A person who discharges a hazardous substance, chemical, oil or a mixture containing
oil into any waters or any parts of the environment in contravention of subsection (1) commits
an offence and if convicted of that offence shall—
(a) pay the cost of the removal of the hazardous substance, chemical, oil or a mixture
containing oil, including any cost which may be incurred by any Government agency
or organ in the restoration of the environment damaged or destroyed as a result of the
discharge; and
(b) pay the cost of third parties in the form of reparation, restoration, restitution or
compensation as may be determined court on application of such third parties.
(3) The owner or operator of a production or storage facility or transport conveyance from
which a discharge occurs in contravention of subsection (1) shall—
(a) be required to give immediate notice of the discharge to the Board or relevant
Government officers; and
(b) be required to immediately begin clean-up operations using the best available clean-up
methods; and
36
Select target paragraph3
Add to table of contents