13 – 13 – Institutional and Legal Aspects 1/ Policy on solid waste management 13.2 Legislative aspects 13.3 National and local legislation and regulations 13.4 Law enforcement

13 – 13 – Institutional and Legal Aspects 2/14 International agreements and conventions: UN Agenda 21 UN Agenda 21 Limiting the transboundary movements of Limiting the transboundary movements of hazardous wastes and their disposal (The hazardous wastes and their disposal (The Basel Convention) Basel Convention) 13.1 – Policy on solid waste management 13.1 Policy on solid waste management

13 – 13 – Institutional and Legal Aspects 3/14 UN Agenda 21: a comprehensive plan of action to be taken globally, nationally and locally by organizations of the United Nations System, Governments and Major Groups in every area in which human impacts on the environment. Adopted by more than 178 Governments at the United Nations Conference on Environment and Development (UNCED) held in Rio de Janerio, Brazil, Chapter 21 of Agenda 21: recognized that "environmentally sound management of wastes is among the environmental issues of major concern in maintaining the quality of the Earth’s environment … " (Agenda 21, para 21.1). recognized that "environmentally sound management of wastes is among the environmental issues of major concern in maintaining the quality of the Earth’s environment … " (Agenda 21, para 21.1). reaffirmed at the World Summit on Sustainable Development (WSSD) in Johannesburg, South Africa, reaffirmed at the World Summit on Sustainable Development (WSSD) in Johannesburg, South Africa, – Policy on solid waste management

13 – 13 – Institutional and Legal Aspects 4/14 Transboundary Movements of Hazardous Wastes and their Disposal The Basel Convention: international treaty to reduce the movements of hazardous waste between nations, and specifically to prevent transfer of hazardous waste from developed to less developed countries (LDCs) also intended to: minimize the amount and toxicity of wastes generated,minimize the amount and toxicity of wastes generated, to ensure their environmentally sound management as closely as possible to the source of generation,to ensure their environmentally sound management as closely as possible to the source of generation, and to assist LDCs in environmentally sound management of the hazardous and other wastes they generate.and to assist LDCs in environmentally sound management of the hazardous and other wastes they generate.( 14 Regional Centres (BCRCs), one in Indonesia for South East Asia14 Regional Centres (BCRCs), one in Indonesia for South East Asia 13.1 – Policy on solid waste management

13 – 13 – Institutional and Legal Aspects 5/14 Different basic principles in treaties and legislation: The polluter pays principleThe polluter pays principle The precautionary principleThe precautionary principle The duty of care principleThe duty of care principle The proximity principleThe proximity principle 13.2 – Legislative aspects 12.2 Legislative aspects

13 – 13 – Institutional and Legal Aspects 6/14 The polluter pays principle: all producers of waste are legally and principally responsible for the safe and environmentally sound disposal of the waste they produce.all producers of waste are legally and principally responsible for the safe and environmentally sound disposal of the waste they produce. This principle also attempts to assign liability to the party that causes damage 13.2 – Legislative aspects

13 – 13 – Institutional and Legal Aspects 7/14 The precautionary principle: When the magnitude of a particular risk is uncertain, it should be assumed that this risk is significant, and measures to protect health and safety should be designed accordingly.When the magnitude of a particular risk is uncertain, it should be assumed that this risk is significant, and measures to protect health and safety should be designed accordingly. (a key principle governing health and safety protection) 13.2 – Legislative aspects

13 – 13 – Institutional and Legal Aspects 8/14 The duty of care principle: any person handling or managing hazardous substances or related equipment is ethically responsible for using the utmost care in that task.any person handling or managing hazardous substances or related equipment is ethically responsible for using the utmost care in that task – Legislative aspects

13 – 13 – Institutional and Legal Aspects 9/14 The proximity principle: treatment and disposal of hazardous waste take place at the closest possible location to its source in order to minimize the risks involved in its transport. According to a similar principle, any community should recycle or dispose of the waste it produces, inside its own territorial limits.treatment and disposal of hazardous waste take place at the closest possible location to its source in order to minimize the risks involved in its transport. According to a similar principle, any community should recycle or dispose of the waste it produces, inside its own territorial limits – Legislative aspects

13 – 13 – Institutional and Legal Aspects 10/ Ministry of Environment of Indonesia Hazardous waste: Basel Convention (Decision III/1) implemented in Indonesia (COUNTRY REPORT - Indonesia Country Fact Sheet, Feb 2007: – National + local legislation and regulations

13 – 13 – Institutional and Legal Aspects 11/14 Ministry of Environment of Indonesia: Permitting? – local authorities? 13.3– National + local legislation and regulations

13 – 13 – Institutional and Legal Aspects 12/14 Ministry of Environment of Indonesia: Permitting? – local authorities? Solid / municipal waste:? 13.3– National + local legislation and regulations

13 – 13 – Institutional and Legal Aspects 13/14 Hazardous waste: Basel Convention (Decision III/1) implemented in Indonesia Transboundary Movement:Transboundary Movement: Restrictions on export for final disposal, export for recovery, import for final disposal, import for recovery, transitRestrictions on export for final disposal, export for recovery, import for final disposal, import for recovery, transit Reduction and/or Elimination of Hazardous Waste GenerationReduction and/or Elimination of Hazardous Waste Generation (National strategies/policies, Legislation, regulations and guidelines, Economic instruments/ initiatives, measures taken by industries/waste generators)(National strategies/policies, Legislation, regulations and guidelines, Economic instruments/ initiatives, measures taken by industries/waste generators) Transboundary Movement Reduction Measures National strategies/policies, Legislation, regulations and guidelines, Measures taken by industries/waste generators, Disposal/Recovery Facilities, Bilateral, Multilateral or Regional Agreements National strategies/policies, Legislation, regulations and guidelines, Measures taken by industries/waste generators, Disposal/Recovery Facilities, Bilateral, Multilateral or Regional Agreements 13.3– National + local legislation and regulations

13 – 13 – Institutional and Legal Aspects 14/ Law enforcement