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VOLUME: XIV
WASTE MANAGEMENT
CHAPTER: 65:06
Part:X Application of the Basel Convention (s 45)

 

45. Application of Basel Convention to regulations

 

(1) The Basel Convention, set out in the Schedule, including any amendments, appendices and resolutions thereto, shall apply in regulating the trans-boundary movement of waste.

(2) Regulations may be made to-

(a) make such provision as appears necessary or expedient for the carrying out of and giving effect to the Basel Convention; and

(b) impose fees and provide for the recovery of any expenditure incurred in giving effect to the Basel Convention.

(3) Where the Minister considers it in the public interest to do so, and in particular where he considers it necessary or expedient to do so in order to facilitate compliance by Botswana with the Basel Convention, he may give directions, either generally or in a particular case, to all or any public officer, or to such person holding a licence granted under the provisions of this Act, as to the carrying out of their powers, functions or conditions of their licence, and any person to whom such directions are given shall comply therewith.

(4) Where the Minister deems it necessary so to do, he may cause any directive made under subsection (3) to be published by notice in the Gazette.

(5) Any person required to and who fails to comply with any directive made under subsection (3) shall be guilty of an offence and shall be liable to a fine not exceeding P1 400 or to imprisonment for a period not exceeding 12 months, or to both