Presentation to Waste Management Conference

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DRAFT NATIONAL ENVIRONMENTAL MANAGEMENT WASTE
MANAGEMENT BILL

• Presentation to Waste Management Conference
• 22nd March 2007

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Outline

• Background
• Synopsis of the draft Waste Management Bill
• Contents of the Bill
• Way forward

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Waste Bill development process (Cont)

• First redraft completed - 21 Sep 2006
• Workshop with municipalities - 10 Oct 2006
• Workshop with industry - 12 Oct 2006
• Workshop with NGOs - 12 Oct 2006
• Second redraft completed 20 Oct 2006

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Waste Management Challenges

• Estimated that up to 45 of residential areas,
  particularly in rural and informal settlements do
  not have refuse removal services.
• 1327 known disposal sites
• 639 disposal sites not permitted
• 58 HH sites not permitted
• Significant (uninhibited) waste generation
• Unacceptable environmental impacts (illegal
  dumping, pollution)
• Lack of cradle to grave control minimisation
  not mandatory
• Lack strong waste vision and strategy

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Waste Management Challenges
Waste disposal on river banks changing river
course
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Waste Management Challenges
Open dump, bordering residents
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Waste Management Challenges
Burning site air pollution (houses in
background)
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Waste Management Challenges
Unauthorised waste processing (leaking drums in
front of sludge pond)
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Synopsis of draft Waste Bill
Context for Waste Bill

• Section 24 of the Constitution
• Historically poor waste management practices
• Disproportionate distribution of impacts of
  improper waste management practices towards the
  poor
• Policy/Strategy emphasis on waste prevention and
  minimisation

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Key Issues from Policy, Strategy and existing
legislation

• Institutional Framework
• Information systems
• Waste minimisation/Cleaner Production
• Holistic and integrated planning
• Legislative systems to
• Regulate waste e.g. licensing of activities,
  extended producer responsibility, recycling etc
• Promote waste minimisation and cleaner production
• Give effect to section 24 of the Constitution
• Clarify institutional framework

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Overall objectives of the Waste Bill

• To reform the law regulating waste management
• in order to protect the health and the
• environment by providing reasonable measure
• for the prevention of pollution and ecological
• degradation and for securing ecologically
• sustainable development while promoting
• justifiable economic and social development
• to provide for national norms and standards for
• regulating the management of waste by all spheres
  of government for specific waste management and
  for matters incidental thereto.

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Structure of the Waste Bill

• C1 Interpretation and Fundamental Principles
• C2 Institutional and Planning Matters
• C3 Waste Management Measures
• C4 Licensing of Waste Management Activities
• C5 Waste Information Systems
• C6 Compliance and Enforcement
• C7 Offences and Penalties
• C8 General Matters
• C9 Miscellaneous

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C1 Interpretation and fundamental principles

• Definitions provides meaning and context
• Objects outlines specific intent
• General duty of State fundamental
  responsibilities of state
• Applications provides scope of application and
  interpretation with respect to NEMA and other
  legislation
• Conflicts with other legislation

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C2 Institutional and planning matters

• P1 National waste management strategy
  establishment, scope and application
• P2 National, provincial and local standards
  establishment and scope of national, provincial
  and local standards
• P3 Integrated waste management plans
  responsibilities of state organs, contents and
  reporting on implementation of IWMPs
• P4 Institutional arrangements general powers
  and duties of national, provincial and local
  government, co-operative governance and
  appointment of waste management officers

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C3 Waste management measures

• P1 Priority wastes identification, requirements
  and consequences of declaration
• P2 General duty for generators or holders of
  waste
• P3 Waste management activities listing and
  conducting of waste management activities
• P4 Storage, collection and transportation of
  waste requirements for storage, collection and
  transportation of waste
• P5 Recovery, re-use and recycling of waste
  requirements for waste recovery, reuse and
  recycling

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C3 Waste management measures (cont.)

• P6 Separation, treatment, processing,
  transformation and disposal of waste
  requirements for licensing, prohibition of
  unauthorised disposal, littering
• P7 Industry waste management plans preparation,
  contents, consultation, consideration and review
• P8 Contaminated land application,
  identification, consequences, consideration of
  assessment reports, remediation, transfer and
  register
• P9 Other measures producer responsibility and
  recognition programmes

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C4 Licensing of waste management activities

• Licensing authority defines licensing authority
  for various waste management activities
• Applications procedure, consideration by
  licensing authorities and decisions
• Issuing of licences requirements, contents,
  transfers, reviews, variations, renewals,
  revocation and surrender
• Waste Management Control Officers designation
  and obligations
• Criteria for fit and proper persons

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C5 Waste information systems

• Establishment of national waste information
  system requirements for establishment of waste
  information system
• Objectives of national waste information system
  specific objectives
• Provision of information requirements for
  provision of information
• Access to information conditions for access
• Establishment of provincial waste information
  systems requirements for establishment of waste
  information systems

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C6 Compliance and enforcement

• Application of NEMA application of Part 2 of
  Chapter 7 which relates to access to information,
  enforcement, prosecution and criminal proceedings
• Waste impact reports requirements for
  preparation and submission of waste impact reports

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C7 Offences and penalties

• Offences actions that constitute an offence
• Penalties penalties for offences

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C8 General matters

• Regulations regulations by Minister and MECs
• Consultative process requirements for
  consultations and public participation
• Delegations and exemptions delegations by
  Minister or MECs, applications for exemptions,
  consideration and decisions on applications, and
  review of exemptions

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C9 Miscellaneous

• Repeal and amendment of legislation legislation
  repealed or amended
• (Schedule 1)
• Transitional provisions transitional provisions
  for permits issued under section 20 of ECA
• Short title and commencement

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Thank you