1 PORTFOLIO COMMITTEE BRIEFING 20 NOVEMBER 2007 DRAFT NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE BILL

2 Purpose: To provide an overview of the National Environmental Management: Waste Bill

3 Outline Background The Waste Bill consultation process Waste Management Challenges Contents of the Waste Bill

4 Background Waste Management Bill is subsidiary and supporting legislation to the National Environmental Management Act Bill seeks to give legal effect to the White Paper on Integrated Pollution and Waste Management Bill is framework legislation that provides the basis for the regulation of waste management

5 Background The Waste Bill specifically provides for the following:  institutional arrangements for waste management that outline the roles and responsibilities of all spheres of government in respect of waste management;  strategic and planning frameworks, as well as norms and standards for waste management;  obligations relating to various aspects of waste management;  licensing of waste management activities;  compliance monitoring and enforcement; and  related administrative matters.

6 Bill was gazetted for public comment over a 90-day period: 12 January to 12 April 2007 Public participation workshops in all provinces Workshops for National Departments and Provincial Departments of Environment Local Government Waste Conference 22 – 23 March 2007 Consultation

7 Consultation workshops with specific stakeholder groupings:  Institute of Waste Management of Southern Africa  Non Governmental Organisations  Business and Industry Bilateral Meetings with: DWAF, DTI, NT, DPLG, GDACE and WC DEADP 69 Written submissions

8 Waste Management Challenges 1327 known disposal sites 639 disposal sites not permitted 58 H:H sites not permitted Significant (uninhibited) waste generation 80 % of waste stream excluded from definition Unacceptable environmental impacts Lack of cradle to grave control Not on par with evolution in global regulatory regime Lack strong waste vision and strategy

9 Waste disposal on river banks: changing river course

10 Open dump, bordering residents

11 Burning site: air pollution (houses in background)

12 Unauthorised waste processing (leaking drums in front of sludge pond)

13 Contents of the Bill Structure of the Waste Bill C1: Interpretation and principles C2: National waste management strategy, norms and standards C3: Institutional and planning matters C4: Waste Management Measures C5: Licensing of Waste Management Activities C6: Waste Information C7: Compliance and Enforcement C8: General Matters C9: Miscellaneous

14 C1: Interpretation and principles S1: Definitions: provides meaning and context of terminology used in the Bill ‘‘waste’’ means any substance, whether or not that substance can be reduced, re-used, recycled and recovered— (a) that is surplus, unwanted, rejected, discarded, abandoned or disposed of; (b) where the generator has no further use of for the purposes of production, reprocessing or consumption; (c) that must be treated or disposed of; or (d) that is identified as a waste by the Minister, but— (i) a by-product is not considered waste; and (ii) any portion of waste, once re-used, recycled and recovered, ceases to be waste;

15 C1: Interpretation and principles (cont…) S2: Objects: outlines specific intent of the Bill S3: General duty of State: outlines the fundamental responsibilities of state S4: Application of the Act: provides scope of application of the Act Department has agreed that it will not deal with waste that is being dealt with by other Departments’ legislation e.g. Radioactive Waste as dealt with by the DME S5: Application of NEMA: provides scope of application and interpretation with respect to NEMA, NEMA principles apply to this Act

16 C2: National waste management strategy, norms and standards Part 1: Establishment of national waste management strategy: S6: Obliges the Minister of DEAT to establish the NWMS within two years of the section coming into effect. Outlines the scope of the strategy Purpose of the strategy is to achieve the objects of the Act Part 2: Norms and standards: S7,8 &9: establishment and scope of national, provincial norms and standards and local waste service standards Provincial norms and standards must not conflict with national norms and standards Local Waste service standard must adhere to all national and provincial norms and standards

17 C3: Institutional and planning matters Waste management officers: S10: appointment of WMO’s by Minister, MECs & Municipalities Purpose of WMO’s: to provide a person for the public to consult with regards to waste management issues in all spheres of government Integrated waste management plans: Purpose of IWMP’s: To provide for organs of state to set out how they intend to carry out their function with regards to waste management

18 S11: outline the responsibilities of state organs with regards to IWMP S12: outlines the contents of the IWMP S13: requires organs of state to report on the implementation of the IWMP C3: Institutional and planning matters (cont…)

19 C4: Waste management measures Part 1: Priority wastes: Purpose: To specifically deal with certain waste types, e.g. Asbestos S 14 & 15 gives the Minister powers to declare priority waste and what the consequences of declaration may be. Declaration may be done in consultation with the Minister of DTI where there may be a significant impact on the economy S 14 sub 6 The Bill requires consultation with affected person or category of persons S 14 sub 6

20 Part 2: General duty: S16 outlines the general duty for holders of waste Part 3: Reduction, reuse, recycling and recovery of waste: The purpose of S 17 is to provide for environmentally sound and effective reduction, reuse, recycling and recovery of waste S18 provides for extended producer responsibility measures consultation with the Minister of DTI consultation with affected producers before publishing a notice C4: Waste management measures (cont…)

21 Part 4: Waste management activities: S19 & 20 provides for the listing and conducting of waste management activities The purpose of the sections is to provide in detail which waste management activities will require a waste management licence Part 5: Storage, collection and transportation of waste: S21 to 25 outlines the requirements for storage, collection and transportation of waste Municipalities required to provide containers for the collection of recyclable waste S 23 sub 2 C4: Waste management measures (cont…)

22 C4: Waste management measures (cont…) Part 6: Treatment, processing and disposal of waste: S26 & 27 provides for the prohibition of unauthorised disposal (illegal dumping) and littering. Part 7: Industry waste management plans: S28 to 34 provides for the preparation, contents, consultation, consideration and review of industry waste management plans. The purpose of industry WMP is to provide for industry and certain organs of state to set out how they deal with the waste they generate Industry WMP may be prepared by provincial department of environmental affairs on behalf of industry, and may recover the costs S29 sub 4 (a)

23 C4: Waste management measures (cont…) Consultation of affected industry S 28 sub 5 Part 8: Contaminated land: New section in waste legislation The purpose of the section is to provide for the remediation of contaminated land. S35 to 41 application, identification of investigation areas, consequences of identification, consideration of assessment reports, remediation, transfer and register of contaminated land Part 9: Other measures: S42 recognition programmes

24 C5: Licensing of waste management activities Section 20 of the Environmental Conservation Act (ECA) 1989 transferred from DWAF to DEAT Section 20 of ECA deals with permitting of waste disposal facilities Chapter 5 of the Waste Bill provides the licensing of waste management activities as DEAT has taken over the function S 43 of the Bill outlines who the licensing authority is: DEAT is the licensing authority for Hazardous Waste Facilities Provincial Depts. are licensing authority for General Waste facilities

25 C5: Licensing of waste management activities (cont…) The Process S 44 to 59 The Applicant compiles a Waste License Application or appoints an independent and suitable qualified person to manage the License Application S 45 & 46 License Application is finalized and submitted to the National or Provincial Authorities together with the prescribed Processing Fee S 47 & 48 National/Provincial Authorities consult with other organs of state (e.g. DWAF) on other relevant legislation and makes a decision on the License Application S 44 & 49 Application GRANTED S 49 (1) (a) Application REFUSED S 49 (1) (b) Application REJECTED S 49 (1) (c)

26 The Waste Management License must include, inter alia, the waste management activity, location of operation, the person to whom it is issued, the period it is valid for and the period in which a renewal in license must be applied, the amount of waste to be handled, processed, stored, minimization strategies, monitoring, auditing and reporting requirements S 51 Application may only be re-submitted if it contains new information that was not previously submitted or a period of 3 years has elapsed since the previous application was lodged S 49 (5) Application may be amended and re- submitted to the licensing authority for reconsideration S 49 (6) The conditions of a the License can be varied by request or written notice S 54 The License can be transferred to a new owner on request S 52 The License must be renewed before the expiry date S 55 The License may be revoked or suspended if it is in contravention S 56 The holder of the License can surrender the license on request S 57 The holder must designate a Waste Management Control Officer S 58

27 C6: Waste information The purpose of this chapter is to provide for the gathering of waste information by government to be able to monitor the effectiveness of initiatives of policies and strategies on waste management S60 Establishment of national waste information system: requirements for establishment of waste information system S61 Objectives of national waste information system: specific objectives S62 Provision of information: requirements for provision of information S63 Access to information: conditions for access S64 Establishment of provincial waste information systems: requirements for establishment of waste information systems

28 C7: Compliance and enforcement S65 Compliance Powers of the Minister of DWAF The purpose of this section is to provide the Minister of DWAF compliance powers on waste related issues that may impact on water resources Minister of DWAF should consult the Minister of DEAT S 66 Waste impact reports: outlines the requirements for preparation and submission of waste impact reports S 67 Offences: outlines actions that constitute an offence S 68 Penalties: outlines penalties for offences

29 C8: General matters Part 1: Regulations: As the Waste Bill is framework legislation, there will be a number of regulations that will be passed to give effect to the legislation of waste effectively S 69 to 71 outlines the regulations that may be passed by the Minister and MECs and general regulatory powers Part 2: Consultative process: S 72 and 73 outlines the requirements for consultations and public participation Part 3: Exemptions and Appeals: S 74 to 78 outline the processes of applications, consideration, decision, review and transfer of exemptions and appeals

30 C9: Miscellaneous Delegations: S 79 by the Minister and MEC’s Repeal and amendment of legislation: S 80 legislation repealed or amended (Schedule 1) Transitional provisions: S 81 outlines transitional provisions for permits issued under section 20 of ECA and S 82 outlines transitional provisions with regards to the listing of waste management activities S 83 the Waste Act will be regarded as the specific environmental management Act S 84 Short title and commencement

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