Submission on National Waste Management Strategy Portfolio Committee 1 June 2012

Scope of presentation Regulatory framework Regulatory framework Streamlining of licensing regime Streamlining of licensing regime Suite of instruments Suite of instruments Overall approach Overall approach

Partnership and Co-Regulation Important role of industry associationsImportant role of industry associations Industry waste management plans Industry waste management plans Co-regulatory approaches must be within a framework Co-regulatory approaches must be within a framework

Regulatory Model Clear framework for the regulatory model should be developedClear framework for the regulatory model should be developed Processes of developing regulations should be based on this frameworkProcesses of developing regulations should be based on this framework Regulations cannot be seen as a foundation of a co- regulatory system that relies on voluntary compliance.Regulations cannot be seen as a foundation of a co- regulatory system that relies on voluntary compliance. Resolution of duplicate listing of activities like wastewater treatment which fall under the jurisdiction of the National Water Act has still not been addressed.Resolution of duplicate listing of activities like wastewater treatment which fall under the jurisdiction of the National Water Act has still not been addressed. Industry waste management plans are not voluntary instruments; they become mandatory once gazetted.Industry waste management plans are not voluntary instruments; they become mandatory once gazetted.

Waste information Need for accurate information on waste flows is supported.Need for accurate information on waste flows is supported. National regulations on waste reporting awaitedNational regulations on waste reporting awaited Some provincial regulations existSome provincial regulations exist 2009 GHG inventory for the waste sector suffers from the lack of sound data 2009 GHG inventory for the waste sector suffers from the lack of sound data

Economic instruments Potential use of economic instruments should not await resolution of under pricing of waste management servicesPotential use of economic instruments should not await resolution of under pricing of waste management services Incentives for improved waste management is part of the green economy and recently launched by the dtiIncentives for improved waste management is part of the green economy and recently launched by the dti Further instruments should be developed in terms of existing legislation like the Income Tax Act or the incentive schemes managed by the dti.Further instruments should be developed in terms of existing legislation like the Income Tax Act or the incentive schemes managed by the dti. Any additional tax burden has to be considered within the context of the overall tax burden and the reluctance of Treasury to earmark any taxes. Before introducing additional taxes along the lines of the plastic bag levy, the success of such a tax should be reviewed. Any additional tax burden has to be considered within the context of the overall tax burden and the reluctance of Treasury to earmark any taxes. Before introducing additional taxes along the lines of the plastic bag levy, the success of such a tax should be reviewed.

Priority wastes Establishment of a steering committee to “guide” the process of declaring a priority waste.Establishment of a steering committee to “guide” the process of declaring a priority waste. –Public consultation process on exercise of any power in the Act –Consultation with any affected persons. –Consultation with any affected persons. The process set out goes no further than the Act and provides no insight into the Government’s thinking in this regard.The process set out goes no further than the Act and provides no insight into the Government’s thinking in this regard. Criteria for decision on priority waste as set out in the Act should be appliedCriteria for decision on priority waste as set out in the Act should be applied

Extended Producer Responsibility EPR may only be required after consultation with the Minister of Trade and Industry and then only where it can be demonstrated that such measures are required to give effect to the objectives of the Act.EPR may only be required after consultation with the Minister of Trade and Industry and then only where it can be demonstrated that such measures are required to give effect to the objectives of the Act. Need to consult with affected producers, which is specifically required in terms of the Act is also not reflected.Need to consult with affected producers, which is specifically required in terms of the Act is also not reflected. Identification of the product followed by specific management requirementsIdentification of the product followed by specific management requirements Radioactive materials are not controlled under the Waste Act.Radioactive materials are not controlled under the Waste Act. Need for guidelines not clear; characteristics of the programme to be defined by the Minister.Need for guidelines not clear; characteristics of the programme to be defined by the Minister. No provision for voluntary EPR programmes No provision for voluntary EPR programmes

Conclusions Lost opportunity to clarify government thinking Lost opportunity to clarify government thinking Needs to be reviewed to align with Act Needs to be reviewed to align with Act Complexity of Act not recognised Complexity of Act not recognised