PARLIAMENT BRIEFING

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DRAFT NATIONAL ENVIRONMENTAL MANAGEMENT WASTE
BILL
PARLIAMENT BRIEFING 08 AUGUST 2007
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Purpose To provide an overview of the
development, consultation and contents of the
National Environmental Management Waste Bill
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Outline

• Background
• Waste Bill development process
• The consultation process
• 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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Development process

• Drafting completed - 30 June 2006
• Workshop with Provinces - 1011 Aug 2006
• Workshop with national government departments
  30 Aug 2006
• First redraft completed - 21 Sep 2006
• Workshop with municipalities - 10 Oct 2006

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Development process

• Workshop with industry NGOs- 12 Oct 2006
• Second redraft completed 20 Oct 2006
• Presentation to CEC (law reform) 8 Nov 2006
• Presentation to Cabinet committee 29 Nov 2006
• Presentation to Cabinet 6 Dec 2006
• Gazetting for public comment

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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
• much of waste stream excluded from current
  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

• 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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Definition of waste

• waste means any substance, whether or not that
  substance can be reduced, reused, recycled and
  recovered, that
• is surplus, unwanted, rejected, discarded,
  abandoned or disposed of
• (ii) the generator has no further use of - for
  the purposes of production, reprocessing or
  consumption
• (iii) that must be treated or disposed of or
• (iv) is identified as a waste by the Minister
• Provided that a by-product shall not be
  considered to be waste and provided further that
  any portion of waste once reused, recycled and
  recovered ceases to be waste

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C2 National waste management strategy, norms and
standards

• P1 National waste management strategy
  establishment, scope and application
• P2 National, provincial and local standards
  establishment and scope of national, provincial
  and local standards

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C3 Institutional and planning matters

• Waste management officers
• appointment of WMOs by Minister, MECs
  Municipalities
• Integrated waste management plans
  responsibilities of state organs, contents and
  reporting on implementation of IWMPs

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C4 Waste management measures

• P1 Priority wastes Declaration and consequences
  of declaration
• P2 General duty for generators or holders of
  waste
• P3 Reduction, reuse, recycling and recovery of
  waste requirements for waste reduction, reuse,
  recycling and recovery and extended producer
  responsibility measures
• P4 Waste management activities listing and
  conducting of waste management activities

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C4 Waste management measures (cont)

• P5 Storage, collection and transportation of
  waste requirements for storage, collection and
  transportation of waste
• P6 Treatment, processing and disposal of waste
  prohibition of unauthorised disposal and
  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 recognition programmes

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C5 Licensing of waste management activities

• Licensing authority defines licensing authority
  for various waste management activities
• Co-operative governance
• 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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C6 Waste information

• 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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C7 Compliance and enforcement

• Compliance Powers of the Minister of DWAF
• Waste impact reports requirements for
  preparation and submission of waste impact
  reports
• Offences actions that constitute an offence
• Penalties penalties for offences

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C8 General matters

• P1 Regulations regulations by Minister and MECs
  and general regulatory powers
• P2 Consultative process requirements for
  consultations and public participation
• P3 Exemptions and Appeals applications,
  consideration, decision, review and transfer of
  exemptions and appeals

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C9 Miscellaneous

• Delegations by the Minister and MECs
• Repeal and amendment of legislation legislation
  repealed or amended
• (Schedule 1)
• Transitional provisions transitional provisions
  for permits issued under section 20 of ECA and
  listing of waste management activities
• Short title and commencement

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• THANK YOU