| (1) | Subject to subsection (2), no person may— |
| (a) | incinerate at sea, including abroad a South African vessel, aircraft, platform or other structure, any waste or other material; |
[Subsection (1)(a) substituted by section 41 of Act No. 36 of 2014]
| (b) | import into the Republic any waste or other material to be dumped or incinerated at sea, including aboard a South African, aircraft, platform or other structure; |
[Subsection (1)(b) substituted by section 41 of Act No. 36 of 2014]
| (c) | export from the Republic any waste or other material to be dumped or incinerated— |
| (ii) | in an area of the sea under the jurisdiction of another state; |
| (d) | load any waste or other material to be dumped or incinerated at sea onto any vessel, aircraft, platform or other structure at any place in the Republic, including the exclusive economic zone, unless the master of the vessel, aircraft, platform or other structure produces written proof that the dumping at sea of that waste or other material has been authorised in terms of a dumping permit granted under section 71; |
| (e) | except on the authority of a dumping permit granted under section 71— |
| (i) | dump at sea any waste or other material; or |
| (ii) | dump from a South African vessel, aircraft, platform or other structure at sea, any waste or other material; or |
[Subsection (1)(e) substituted by section 41 of Act No. 36 of 2014]
| (f) | dump from a South African vessel, aircraft, platform or other man-made structure at sea, any waste or other material in any area of the sea under the jurisdiction of another state, except with the written permission of that state. |
| (2) | It is a defence to a charge in terms of subsection (1)(e)(i) or (ii) to show— |
| (a) | that adverse weather conditions necessitated the dumping or incineration at sea in order to secure the safety of human life or of the vessel, aircraft, platform or structure in question; or |
| (b) | that there was a danger to human life or a real threat to the vessel, aircraft, platform or structure in question, that there appeared to be no reasonable alternative to dumping or incineration at sea, and that it is probable that the adverse effects arising from the dumping or incineration at sea were less than would otherwise have occurred; and |
| (c) | that in either ease, the dumping or incineration at sea was conducted in a manner that minimised any actual or potential adverse effects and was reported to the Department without delay. |
