1. Waste Management Amendment Bill B32-2013 Submission by Business Unity South Africa January 2014

2. Overarching business view Definition of waste presenting significant challenges to the implementation of the Bill; amendments therefore welcomedDefinition of waste presenting significant challenges to the implementation of the Bill; amendments therefore welcomed Need for establishment of an agency not clear and in current form not supportedNeed for establishment of an agency not clear and in current form not supported Some refinements on proposed definitions needed to ensure objective is achievedSome refinements on proposed definitions needed to ensure objective is achieved

3. Non-hazardous waste: challenge (s 1) Not currently included in Act; treatment of non- hazardous waste presents challengesNot currently included in Act; treatment of non- hazardous waste presents challenges Regulations in terms of the Act build on the current requirement that waste must be subject to a classification system to determine whether hazardous or notRegulations in terms of the Act build on the current requirement that waste must be subject to a classification system to determine whether hazardous or not If classification system determines that waste is non-hazardous it should be treated as “general waste”If classification system determines that waste is non-hazardous it should be treated as “general waste” Competent authorities do not all accept this interpretation; non hazardous waste thus in a regulatory vacuumCompetent authorities do not all accept this interpretation; non hazardous waste thus in a regulatory vacuum

4. Non-hazardous waste: proposal Clarify that non-hazardous waste is included in general waste: "general waste" means waste that does not pose an immediate hazard or threat to "general waste" means waste that does not pose an immediate hazard or threat to health or to the environment, and includes— (a) domestic waste; (b) building and demolition waste; (c) business waste: [and] (d) inert waste; and (e) non-hazardous waste.

5. Recovery “Recovery” means the controlled extraction [of a material] or retrieval of energy, any substance, [or] material or object from waste to produce a product- Retrieval of energy, or any substance, material or object from waste may not necessarily produce a product.Retrieval of energy, or any substance, material or object from waste may not necessarily produce a product.Proposal “Recovery” means the controlled extraction [of a material] or retrieval of energy, any substance, [or] material or object from waste to produce a product

6. Waste (s1): challenge Use of the terms “stores” and “stockpiles” could result in an interpretation that material that was never waste becomes waste through this definition. Intention of “is required to discard” not clearIntention of “is required to discard” not clear Inclusion of intent to dispose may be more appropriate here. Inclusion of intent to dispose may be more appropriate here. ”treatment” not necessarily always linked to disposal”treatment” not necessarily always linked to disposal

7. Waste (s1): proposal 'waste' means any substance, material or object, which the holder of waste or the generator thereof discards, or is intending to dispose of, or that (a)is defined 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 to be waste;

8. By-product (s1) " 'by-product' means a substance that is produced as part of a manufacturing or extraction process that is primarily intended to produce another substance or product [and that has the characteristics of an equivalent virgin product or material] which the generator intends to exploit or market on terms which are advantageous to the generator in a subsequent process, without any further processing;”; Retain in waste definition: “A by-product is not waste”

9. Provincial Industry Waste Management Plans (s29) Provision that provincial industry waste management plans may only be required with the concurrence with the Minister welcomedProvision that provincial industry waste management plans may only be required with the concurrence with the Minister welcomed Provision that allows an MEC to require an industry plan in a province regardless of whether the activity is undertaken in more than one province is not acceptable.Provision that allows an MEC to require an industry plan in a province regardless of whether the activity is undertaken in more than one province is not acceptable. Requiring firms in one province to comply with a plan that can only be applicable in one province, results in potential competition issues where the same product is made in other provincesRequiring firms in one province to comply with a plan that can only be applicable in one province, results in potential competition issues where the same product is made in other provinces

10. Provincial Industry Waste Management Plans (s29): proposal "(2)The MEC, with the concurrence of the Minister may, in respect of any activity, which is only carried out within the province concerned that results in the generation of waste, by written notice require a person, or by notice in the Gazette require a category of persons or an industry, that generates waste to prepare and submit an industry waste management plan to the MEC for approval." Insert (3) The concurrence of the Minister should be gazetted nationally to ensure wide dissemination of the intention.Insert (3) The concurrence of the Minister should be gazetted nationally to ensure wide dissemination of the intention.

11. Waste Management Agency s34): challenges Responsibility of DEA to regulate the management of waste streams by others, not to manage waste streams itself Responsibility of DEA to regulate the management of waste streams by others, not to manage waste streams itself Understood that the intention is to manage funds raised through industry waste management plans i.e. through levies Understood that the intention is to manage funds raised through industry waste management plans i.e. through levies Business does not support the blanket imposition of levies on value chains except in exceptional circumstances Provision in respect of Industry Waste Management Plans not aligned with Act Business does not support the blanket imposition of levies on value chains except in exceptional circumstances Provision in respect of Industry Waste Management Plans not aligned with Act A viable business plan is a prerequisite for the establishment of a new entity A viable business plan is a prerequisite for the establishment of a new entity

12. Waste Management Agency: proposals (s34A, B and C) Understand that establishment of agency is key objective of the Department but it cannot be supported in current formUnderstand that establishment of agency is key objective of the Department but it cannot be supported in current form Objects and functions need review to ensure alignment with Act and to make maximum use of existing entitiesObjects and functions need review to ensure alignment with Act and to make maximum use of existing entities References to Industry Waste Management Plans must be in line with the Act i.e Agency will only play a role once section 28 of the Bill has been complied withReferences to Industry Waste Management Plans must be in line with the Act i.e Agency will only play a role once section 28 of the Bill has been complied with

13. Waste Management Agency: funding 34B: Manage disbursement of funds from levies, subject to s 28 34B: Manage disbursement of funds from levies, subject to s 28 34C: what fees are referred to here? Use of agency must be voluntary 34C: what fees are referred to here? Use of agency must be voluntary 34D: income from performance of duties and exercise of powers; Link to fees in 34C? 34D: income from performance of duties and exercise of powers; Link to fees in 34C? monies appropriated by parliament. monies appropriated by parliament.

14. Waste Management Agency: organisation 34E to H: Board not supported 34E to H: Board not supported 34I to J: Need for separate entity not demonstrated 34I to J: Need for separate entity not demonstrated Recognise imperative to manage levies in a better way; but provisions on agency must be aligned with Act Recognise imperative to manage levies in a better way; but provisions on agency must be aligned with Act Provision should be made for consultation on the Business plan which must be a prerequisite for operation Provision should be made for consultation on the Business plan which must be a prerequisite for operation

15. Conclusions In general BUSA welcomes attempt by Government to address the challenges presented by the current definitionsIn general BUSA welcomes attempt by Government to address the challenges presented by the current definitions Imperative that Bill be finalised in this parliamentary sessionImperative that Bill be finalised in this parliamentary session Agency should not be established by the BillAgency should not be established by the Bill BUSA is committed to working with the Department and the Committee to provide more detailed input on proposals for further amendment if this would be helpful.BUSA is committed to working with the Department and the Committee to provide more detailed input on proposals for further amendment if this would be helpful.

16. Thank you