| (1) | The Minister or MEC must publish draft regulations for public comment and must take any submissions received into account before making any regulations in terms of sections 83 or 84. |
| (2) | Subsection (1) need not be applied in the case of a minor or a mere technical amendment to regulations. |
| (3) | Regulations made in terms of section 83 or 84 may— |
| (i) | throughout the Republic or province, as the case may be, or only in a specified area or category of areas; |
| (ii) | to all persons or only to a specified category of persons; |
| (iii) | to all prohibited activities or only to a specified activity or category of activities; or |
| (iv) | to all types of waste or other materials or only to specified waste or other material or a category of waste or other material; |
| (c) | differentiate between different— |
| (i) | areas or categories of areas; |
| (ii) | persons or categories of persons; |
| (iii) | activities or categories of activities; or |
| (iv) | types of wastes or other materials or categories of types of waste or other materials; |
| (d) | provide that any person who contravenes or fails to comply with a provision thereof is guilty of an offence and liable on conviction to— |
| (i) | imprisonment for a period not exceeding five years; |
| (ii) | an appropriate fine not exceeding R2 million; or |
| (iii) | both such fine and imprisonment. |
[Subsection (3)(d) substituted by section 49 of Act No. 36 of 2014]
