1 PARLIAMENT BRIEFING 08 AUGUST 2007 DRAFT NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE BILL

2 Purpose: To provide an overview of the development, consultation and contents of the National Environmental Management: Waste Bill

3 Outline Background Waste Bill development process The consultation process Contents of the Waste Bill

4 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

5 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.

6 Development process Drafting completed - 30 June 2006 Workshop with Provinces - 10&11 Aug 2006 Workshop with national government departments – 30 Aug 2006 First redraft completed - 21 Sep 2006 Workshop with municipalities - 10 Oct 2006

7 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

8 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 Consultation

9 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

10 Waste Management Challenges 1327 known disposal sites 639 disposal sites not permitted 58 H:H 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

11 Waste disposal on river banks: changing river course

12 Open dump, bordering residents

13 Burning site: air pollution (houses in background)

14 Unauthorised waste processing (leaking drums in front of sludge pond)

15 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

16 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

17 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;

18 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

19 C3: Institutional and planning matters Waste management officers: appointment of WMO’s by Minister, MECs & Municipalities Integrated waste management plans: responsibilities of state organs, contents and reporting on implementation of IWMPs

20 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

21 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 C4: Waste management measures (cont…)

22 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

23 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

24 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

25 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

26 C9: Miscellaneous Delegations: by the Minister and MEC’s 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

27 THANK YOU