1. IMPLEMENTATION OF THE NATIONAL WASTE MANAGEMENT STRATEGY Mining Industry Response Presented by Mr N Lesufi Ms S Mudau

2. Content of the Presentation 1.Background 2.Implementation of the NWMS – general Issues 4.NWMS – specific issues 5.Way Forward

3. Background The Chamber of Mines has worked closely with DEA in the policy development space i.e. the initial White Paper on Pollution and Waste Management. The development of the subsequent legislation and its regulations have been of greater interest to the mining industry due to the long outstanding uncertainty of mandates from both the DMR and DEA. The strategy clearly spells out the jurisdictions of the Waste Act and excludes residue deposits and stockpile as regulated for in terms of the MPRDA. This assertion translate to the fact that the actual strategy is not applicable to the management of residue deposits and stockpiles.

4. Implementation of the NWMS, General issues The current strategy needs to recognise extensive work that has been achieved by inter alia the following policy interventions, –White Paper on Pollution & Waste Management –Minimum standards for the operation of landfills (DWA) –Provincial Policies NB: This is necessary to highlight cooperative governance, and to indicate optimisation of government resources, etc. Furthermore, the strategy must also be premised on the failures & success of the above interventions in SA’s attempt to minimise waste, discourage land filling & promoting cleaner production. The Waste sector is a contributor to global warming and in this regard the NWMS MUST recognise the recently approved White Paper on the National Climate Change policy on how it will further contribute to emissions reduction.

5. NWMS, specific issues The definition of waste is quite problematic because it purport that almost everything can be treated as waste which is not the case for the mining industry i.e treatment of acid mine drainage results into gypsum which is transformed into usable products i.e brick making, fertilizers Development of standards for soil quality and remediation of contaminated lands i.e the gazette on this standards, it is not always technical achievable to remediate the soils and contaminated lands whilst mining, dependant on orientation of the orebody etc. This is also addressed in terms of the rehabilitation and closure plan. Goal 1 should be revised to move away from the primary focus on the 3R approach but rather to promote the application of innovation and best practices for effective waste management beyond the 3Rs

6. NWMS, specific issues The NWMS is silent on reducing the number of landfills and hence there are no incentives to apply the waste management hierarchy. Goal 3 refers to growing the green economy however the narrative of the goal in the document refers to job creation (and not even green jobs). A specific section dealing with how this NWMS will further support the aims & objectives of the climate change policy e.g. greenhouse gas emissions reductions, creation of green jobs must be added Also, further a key fundamental goal missing in the strategy is the need for South Africa to employ measures leading to conversion of waste into sustainable resources, thus minimizing the need for waste disposal facilities, and also a goal which encourages that the waste management sector supports economic growth of this country.

7. NWMS, specific issues Licensing Waste Management Activities. In terms of the current licensing regime, there has been an outcry from the mining industry on the actual fragmentation and overlaps in terms of the requirements for the application of the waste management license, water use license as well as the necessary environmental requirements The proposed regulatory model for waste management in South Africa should not only focus on non compliance by industry and the punitive measures thereof, however, this should propose a holistic regulatory regime which encompasses wide range of instruments for all sectors i.e transport, domestic etc

8. Way Forward The NWMS must be a ‘current’ intervention that has taken into account lessons learnt from past policy initiatives It must take into cognisance related policy interventions e.g. approved White Paper on the National Climate Change policy It must address waste management holistically e.g. inclusion of other sectors e.g transport, domestic etc, and The definition of waste must be revised to take into consideration the by-product which are not waste but are a resource. The Chamber of Mines, looks forward to further engaging with both DEA & the DMR in pursuit of achieving an alignment of both legislations regarding environmental authorisation of mining related activities.