1. PRESENTATION TO THE PORTFOLIO COMMITTEE FOR WATER AND ENVIRONMENTAL ON THE NATIONAL ENVIROMENTAL MANAGEMENT: WASTE AMENDMENT BILL, 2013

2. Clause 1(h)(d) states that “waste”
Key Concern
Confusion to be created by the amended definition of “waste” as contained in Clause 1(h) of the Amendment Bill.
Clause 1(h)(d) states that “waste”
“means any substance, whether or not that substance can be reduced, re-used, recycled and recovered…:
(d) that is defined as a waste by the Minister by notice in the Gazette, and includes waste generated by the mining, medical or other sector,
but
(i) a by-product is not considered to be waste; [and] or
(ii) any portion of waste, once re-used, recycled and recovered ceases to be waste;”

3. Clarity required
whether the exclusions as set out in Clauses 1(h) (d) (i) and (ii) apply only to that defined in Clause 1(h) (d); or
whether these exclusions apply holistically to the definition of “waste” as per Clause 1(h).

4. (e) Includes waste generated by the mining, medical or other sector.
Recommendations
If it is the intention that the exclusions apply to the holistic definition of waste, then the following is recommended to minimise and avoid confusion:
“(d) that is defined as a waste by the Minister by notice in the Gazette; and
(e) Includes waste generated by the mining, medical or other sector.
However, the following exclusions apply:-
(i) A by-product is not considered to be waste;
(ii) Any portion of waste, once re-used, recycled and recovered ceases to be waste.”

5. 20 THANK YOU