PORTFOLIO COMMITTEE BRIEFING

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DRAFT NATIONAL ENVIRONMENTAL MANAGEMENT WASTE
BILL
PORTFOLIO COMMITTEE BRIEFING 20 NOVEMBER 2007
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Purpose To provide an overview of the National
Environmental Management Waste Bill
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Outline

• Background
• The Waste Bill consultation process
• Waste Management Challenges
• Contents of the Waste Bill

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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

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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.

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Consultation

• 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

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Consultation

• 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

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Waste Management Challenges

• 1327 known disposal sites
• 639 disposal sites not permitted
• 58 HH 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

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

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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
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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

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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

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C3 Institutional and planning matters

• Waste management officers
• S10 appointment of WMOs by Minister, MECs
  Municipalities
• Purpose of WMOs 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 IWMPs To provide for organs of state
  to set out how they intend to carry out their
  function with regards to waste management

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C3 Institutional and planning matters (cont)
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
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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

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C4 Waste management measures (cont)

• 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

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C4 Waste management measures (cont)

• 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

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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)

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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

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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

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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 REFUSED S 49 (1) (b)
Application REJECTED S 49 (1) (c)
Application GRANTED S 49 (1) (a)
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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 be amended and re-submitted to
the licensing authority for reconsideration S 49
(6)
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)
The holder must designate a Waste Management
Control Officer S 58
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
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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

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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

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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

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C9 Miscellaneous

• Delegations S 79 by the Minister and MECs
• 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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• THANK YOU