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PARLIAMENT BRIEFING

08 AUGUST 2007

DRAFT NATIONAL ENVIRONMENTAL MANAGEMENT:

WASTE BILL

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Purpose:

To provide an overview of the development, consultation and

contents of the National Environmental Management:

Waste Bill

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Outline

• Background

• Waste Bill development process

• The consultation process

• Contents of the Waste Bill

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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

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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.

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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

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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

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• 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

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Consultation

• Consultation workshops with specific stakeholder groupings: Institute of Waste Management of Southern AfricaNon Governmental OrganisationsBusiness and Industry

• Bilateral Meetings with: DWAF, DTI, NT, DPLG, GDACE and WC DEADP

• 69 Written submissions

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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

11Waste disposal on river banks: changing river course

12Open dump, bordering residents

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Burning site: air pollution (houses in background)

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

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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

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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

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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;

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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

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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

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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

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• 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…)

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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

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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

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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

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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

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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

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THANK YOU