INDUSTRY WASTE MANAGEMENT PLANS PCWEA 26 FEBRUARY 2013

Waste Act Tools –Norms and Standards –Declaration of priority waste –Licensing –Extended Producer Responsibility –Industry Waste Management Plans BACKGROUND

Based on the principle of co- regulation. Can be prepared at the instruction of the Minister/MEC or can be developed voluntarily [S28 of the Waste Act]. NB: The relevant section dealing with voluntary development and submission is not yet in effect [S28(7)]. INDUSTRY WASTE MANAGEMENT PLANS

Prioritised waste streams –Waste Tyres: Currently being implemented –Paper and Packaging: On hold. –Lighting: On hold –Pesticides: On hold INDUSTRY WASTE MANAGEMENT PLANS

WASTE TYRE REGULATIONS Aug st draft finalised 23 Feb st Publication for Public Comment 01 April nd Publication for public comment 13 Feb 2009 Published for implementation 01 June 2009 came into effect

DUTIES OF TYRE PRODUCERS Registration –(Existing) Register with the Minister within 30 days of the promulgation of the Regulations. –(New) Register with the Minister at least 30 days prior to commencing business. WASTE TYRE REGULATIONS

DUTIES OF TYRE PRODUCERS (Existing): Development and submission of IIWTMPs –Prepare and submit an IIWTMP to the Minister within 60 days of the promulgation of the Regulations OR –Register with an existing IIWTMP AND –Comply with the IIWTMP immediately upon receiving approval from the Minister or comply within 60 days with an existing IIWTMP. WASTE TYRE REGULATIONS

DUTIES OF TYRE PRODUCERS (New): Development and submission of IIWTMPs –Shall not commence operations without an IIWTMP approved by the Minister OR –Providing written confirmation to the Minister of acceptance into an existing IIWTMP. WASTE TYRE REGULATIONS

Duties of tyre dealers Must classify tyres as part-worn, retreadable casings or waste tyres. Must mutilate all waste tyres. Comply to an approved IIWTMP WASTE TYRE REGULATIONS

Duties of waste stockpile owners Register with the Minister within 30 days of promulgation of the Regulations. Submit a Waste Tyre Stockpile Abatement Plan to the Minister within 120 days of commencement of the Regulation. Must not add to the stockpile after 120 days of commencement of the Regulations WASTE TYRE REGULATIONS

Currently, detailed comments made to the plan and awaiting SATRP’s response SATRP Under Implementation, Currently the only approved plan by the Minister. REDISARMI Detailed comments made to the plan and awaiting RMI’s response PROGRESS ON IIWTMPs SUBMITTED

IIWTMPs SUBMITTED - SATRP June 2009: 1 st draft submitted DEA inputs and negotiations with SATRP 05 March 2010: Gazetting for public comment SATRP work on the comments received May 2010: 2 nd draft submitted Consultation with other Gov. Depts. including the Competition Commission 04 April 2011: 3 rd draft submitted 15 Nov 2011: Plan rejected March 2012: Resubmission of the SATRP Plan

IIWTMPs SUBMITTED - SATRP 30 Apr 2012: DEA forwarded detailed comments to SATRP July 2012: 4 th draft submitted 13 Feb 2013: DEA inputs and detailed comments on the SATRP plan

IIWTMPs SUBMITTED - REDISA 19 April 2010: 1 st draft submitted DEA inputs and negotiations with REDISA 22 Feb 2011: Submission of 2 nd draft 08 July 2011: Gazetting for public comment REDISA work on the comments received 17 Sept 2011: 3 rd draft submitted 28 Nov 2011: Gazetted for Implementation 26 Jan 2012: Withdrawal of the approval 10 Feb 2012: Resubmission of 4 th draft 17 May 2012: Gazetting for public comment

IIWTMPs SUBMITTED - REDISA REDISA work on the comments received 04 June 2012: 5 th draft resubmitted 23 July 2012: Gazetted for implementation 30 Nov 2012: Withdrawal of the approval of the Plan approved in July 30 Nov 2012: Gazette for implementation

IIWTMPs SUBMITTED - RMI 21 Dec 2011: 1 st draft submitted 20 April 2012: Detailed inputs from DEA forwarded to RMI

Management of waste tyres –Will deal with waste tyres over a 5 year period as per the Waste Tyre Regulations. Categories 1, 2, 3, & 5: Within10 months. Categories 4, 6, 7, 8 & 9: Within 18 months. –Management of waste tyres is in terms of the Waste Hierarchy where re-use and recycling options are preferred over energy recovery and disposal to landfill. REDISA IIWTMP

Management of waste tyres –Charges a levy of R2.30 per kg on all tyres produced or imported into the country. –The money collected through the levy will be used for the management of the waste tyres as shown below: REDISA IIWTMP

Research and development –Research will be undertaken to facilitate growth of the recycling sector.

REDISA IIWTMP Capacity building –Mandatory training at no cost to trainees will be provided on a quarterly basis to: all drivers and their crews, accounting and management staff at depots, tyre shops and all other contractual role players. –Involvement of PDIs at the core of the plan.

REDISA IIWTMP CATEGORYY 1Y 2Y 3Y 4Y 5TOTAL Head Office200 Depots Processors Transporter TOTAL Job creation 10, 000 new jobs plus the estimated 5,000 existing jobs = 10, 500 jobs in total.

SATRP – January 2012 –Requesting that the REDISA plan be interdicted on the basis that it was not gazetted properly for public comment. –Requesting the Minister to give SATRP time frames for resubmission of their plan. –Settled out of court: Minister gave time frames for the resubmission of the SATRP plan Approval of the REDISA plan withdrawn and published for comment OVERVIEW OF COURT APPLICATIONS

SATRP – August 2012 –Requesting that their ‘subscribers’ should not be expected to register and comply with the existing approved REDISA plan. –Judgement: Dismissed with costs –Leave for appeal application (09 Oct 2012) Dismissed with costs OVERVIEW OF COURT APPLICATIONS

RMI – September 2012 –Urgent application seeking to interdict the implementation of the REDISA Plan pending a review process. –Judgement (18 Sept 2012): Matter determined to be urgent, but no interdict granted. Matter referred to a second court. –Judgement (12 Nov 2012 – Tuchten): Interdict granted, but also proposed a life line for the Minister to legitimately withdraw the approved plan, take out paragraph 15.1 and approve the plan with 15.1 OVERVIEW OF COURT APPLICATIONS

RMI – December 2012 –RMI questioned the power of the Minister to withdraw July 2012 plan and thereby requested that the November 2012 Plan be declared null and void and the July 2012 plan be reinstated. –Judgement (30 January 2012): Dismissed with costs –RMI launched leave to appeal to SCA which was granted on the 15 February OVERVIEW OF COURT APPLICATIONS

REDISA IIWTMP IMPLEMENTATION The REDISA IIWTMP is currently in implementation. DEA is monitoring REDISA’s compliance to the approval letters as well as the deliverables of the plan against the set time frames.

THANK YOU!