1. National Management Waste Strategy BUSA submission to Parliamentary Portfolio Committee 1 June 2012

2. Scope of presentation Focus on amendments to ActFocus on amendments to Act Challenges with definitionsChallenges with definitions Challenges with implementation of Part 8 of the Act: contaminated landChallenges with implementation of Part 8 of the Act: contaminated land

3. Definition Challenges with definition resulted in DEA providing an interpretationChallenges with definition resulted in DEA providing an interpretation Challenges are exacerbated by the interpretation in some areasChallenges are exacerbated by the interpretation in some areas Provincial authorities do not accept the interpretationProvincial authorities do not accept the interpretation Parliamentary intervention required to amend ActParliamentary intervention required to amend Act

4. Challenges waste" means any substance, [whether or not that substance can be reduced, re-used, recycled and recovered]- "waste" means any substance, [whether or not that substance can be reduced, re-used, recycled and recovered]- that is surplus, unwanted, rejected, discarded, abandoned or disposed of;that is surplus, unwanted, rejected, discarded, abandoned or disposed of; which the generator has no further use of for the purposes of production;which the generator has no further use of for the purposes of production; that must be treated or disposed ofthat must be treated or disposed of

5. Challenges: waste ii) any portion of waste, once re-used, recycled and recovered, ceases to be waste(ii) any portion of waste, once re-used, recycled and recovered, ceases to be waste requires all three processes of re-use, recycling and recovery to be applied before material ceases to be waste requires all three processes of re-use, recycling and recovery to be applied before material ceases to be waste DEA interpretation: “and” = “or”DEA interpretation: “and” = “or”

6. Challenges: by-product by-product; means “a substance that is produced as part of a process that is primarily intended to produce another substance or product by-product; means “a substance that is produced as part of a process that is primarily intended to produce another substance or product DEA interpretation: DEA interpretation: By product is normally understood only to be a substance produced during the making of something else.By product is normally understood only to be a substance produced during the making of something else. and that has the characteristics of an equivalent virgin product or material”; and that has the characteristics of an equivalent virgin product or material”; DEA interpretation: “The substance must demonstrate the equivalent chemical and physical characteristics of an equivalent virgin product or material.” and “the substance or object can be used directly without further processing.” “The substance must demonstrate the equivalent chemical and physical characteristics of an equivalent virgin product or material.” and “the substance or object can be used directly without further processing.”

7. Challenges: recovery means the controlled extraction of a material or the retrieval of energy to produce a product“Recovery” means the controlled extraction of a material or the retrieval of energy to produce a product Examples:Examples: –Fly ash: sieving –Coarse ash: crushing and sieving –Recovering energy from waste with calorific value

8. Challenges: re-use means to utilize articles from the waste stream for a similar or different purpose without changing the form or properties“Re-use” means to utilize articles from the waste stream for a similar or different purpose without changing the form or properties Examples:Examples: Biosludge for – Ash heap stabilisation – Dust suppression

9. Challenges: recycling means a process where waste is reclaimed for further use, which process means separation of waste from a waste stream for further use ans processing the separated material to produce a product“Recycling” means a process where waste is reclaimed for further use, which process means separation of waste from a waste stream for further use ans processing the separated material to produce a product Examples:Examples: –Spent catalysts for recycling valuable metals –Packaging materials –Stabilisation material in remediation

10. Request "waste" means any substance, whether or not that substance can be reduced, re-used, recycled or recovered or treated -"waste" means any substance, whether or not that substance can be reduced, re-used, recycled or recovered or treated - (a) for which there is no further use(a) for which there is no further use (b) that must be disposed of; or(b) that must be disposed of; or (c) that is identified as a waste by the Minister by notice in the Gazette, and includes waste generated by the mining, medical or other sector, but-(c) that is identified as a waste by the Minister by notice in the Gazette, and includes waste generated by the mining, medical or other sector, but- (i) a by-product is not considered waste; and(i) a by-product is not considered waste; and (ii) any portion of waste, once re-used, recycled or recovered, ceases to be waste; (ii) any portion of waste, once re-used, recycled or recovered, ceases to be waste;

11. Request (2) means a substance that is produced as part of a process that is primarily intended to produce another product"by-product" means a substance that is produced as part of a process that is primarily intended to produce another product Review terms: “re-use; recycling, recoveryReview terms: “re-use; recycling, recovery

12. Contaminated land Act requires a stepwise approach: Identify investigation area Notify land owner Require site assessment ( risk assessment) Consider site assessment report Require remediation, no action, other measures Regulations do not follow this approach

13. Conclusions Review definitions of waste, RRR and by productReview definitions of waste, RRR and by product Review Part 8 with a view to amendmentReview Part 8 with a view to amendment Willing to make a detailed submission in this regardWilling to make a detailed submission in this regard Supported by examplesSupported by examples