1 portfolio committee briefing 20 november 2007 draft national environmental management: waste bill
DESCRIPTION
3 Outline Background The Waste Bill consultation process Waste Management Challenges Contents of the Waste BillTRANSCRIPT
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PORTFOLIO COMMITTEE BRIEFING
20 NOVEMBER 2007
DRAFT NATIONAL ENVIRONMENTAL MANAGEMENT:
WASTE BILL
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Purpose:
To provide an overview of the National Environmental Management: Waste Bill
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Outline
• Background• The Waste Bill consultation process• Waste Management Challenges• 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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• 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• 80 % of waste stream excluded from 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
9Waste disposal on river banks: changing river course
10Open 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
S1: Definitions: provides meaning and context of terminology used in the Bill
‘‘waste’’ means any substance, whether or not that substance can be reduced, re-used, recycled and recovered—
(a) that is surplus, unwanted, rejected, discarded, abandoned or disposed of;(b) where the generator has no further use of for the purposes of production,
reprocessing or consumption;(c) that must be treated or disposed of; or(d) that is identified as a waste by the Minister,but—(i) a by-product is not considered waste; and(ii) any portion of waste, once re-used, recycled and recovered, ceases to be
waste;
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C1: Interpretation and principles (cont…)
S2: Objects: outlines specific intent of the BillS3: General duty of State: outlines the fundamental
responsibilities of state S4: Application of the Act: provides scope of application of
the Act• Department has agreed that it will not deal with waste that is
being dealt with by other Departments’ legislation e.g.
Radioactive Waste as dealt with by the DME S5: Application of NEMA: provides scope of application and
interpretation with respect to NEMA, NEMA principles apply to this Act
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C2: National waste management strategy, norms and standards• Part 1: Establishment of national waste management
strategy: S6: Obliges the Minister of DEAT to establish the NWMS within
two years of the section coming into effect. Outlines the scope of the strategy Purpose of the strategy is to achieve the objects of the Act• Part 2: Norms and standards: S7,8 &9: establishment and scope of national, provincial norms
and standards and local waste service standards Provincial norms and standards must not conflict with
national norms and standards Local Waste service standard must adhere to all national and
provincial norms and standards
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C3: Institutional and planning matters
• Waste management officers:S10: appointment of WMO’s by Minister, MECs & Municipalities
Purpose of WMO’s: to provide a person for the public to consult with regards to waste management issues in all spheres of government
• Integrated waste management plans: Purpose of IWMP’s: To provide for organs of state to
set out how they intend to carry out their function with regards to waste management
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S11: outline the responsibilities of state organs with regards to IWMP
S12: outlines the contents of the IWMPS13: requires organs of state to report on the
implementation of the IWMP
C3: Institutional and planning matters (cont…)
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C4: Waste management measures• Part 1: Priority wastes: Purpose: To specifically deal with certain waste types, e.g.
AsbestosS 14 & 15 gives the Minister powers to declare priority waste
and what the consequences of declaration may be. Declaration may be done in consultation with the Minister
of DTI where there may be a significant impact on the economy S 14 sub 6
The Bill requires consultation with affected person or category of persons S 14 sub 6
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• Part 2: General duty: S16 outlines the general duty for holders of waste• Part 3: Reduction, reuse, recycling and recovery of
waste: The purpose of S 17 is to provide for environmentally
sound and effective reduction, reuse, recycling and recovery of waste
S18 provides for extended producer responsibility measures consultation with the Minister of DTI consultation with affected producers before publishing a
notice
C4: Waste management measures (cont…)
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• Part 4: Waste management activities: S19 & 20 provides for the listing and conducting of waste
management activities The purpose of the sections is to provide in detail which
waste management activities will require a waste management licence
• Part 5: Storage, collection and transportation of waste: S21 to 25 outlines the requirements for storage, collection
and transportation of waste Municipalities required to provide containers for the
collection of recyclable waste S 23 sub 2
C4: Waste management measures (cont…)
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C4: Waste management measures (cont…)
• Part 6: Treatment, processing and disposal of waste: S26 & 27 provides for the prohibition of unauthorised disposal
(illegal dumping) and littering. • Part 7: Industry waste management plans: S28 to 34 provides for the preparation, contents, consultation,
consideration and review of industry waste management plans.
The purpose of industry WMP is to provide for industry and certain organs of state to set out how they deal with the waste they generate
Industry WMP may be prepared by provincial department of environmental affairs on behalf of industry, and may recover the costs S29 sub 4 (a)
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C4: Waste management measures (cont…)
Consultation of affected industry S 28 sub 5Part 8: Contaminated land: New section in waste legislation The purpose of the section is to provide for the remediation of
contaminated land.S35 to 41 application, identification of investigation areas,
consequences of identification, consideration of assessment reports, remediation, transfer and register of contaminated land
• Part 9: Other measures: S42 recognition programmes
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C5: Licensing of waste management activities
• Section 20 of the Environmental Conservation Act (ECA) 1989 transferred from DWAF to DEAT
• Section 20 of ECA deals with permitting of waste disposal facilities
• Chapter 5 of the Waste Bill provides the licensing of waste management activities as DEAT has taken over the function
• S 43 of the Bill outlines who the licensing authority is: DEAT is the licensing authority for Hazardous Waste
Facilities Provincial Depts. are licensing authority for General
Waste facilities
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C5: Licensing of waste management activities (cont…)The Process S 44 to 59
The Applicant compiles a Waste License Application or appoints
an independent and suitable qualified person to manage the License Application S 45 & 46
License Application is finalized and submitted to the National
or Provincial Authorities together with the prescribed
Processing Fee S 47 & 48
National/Provincial Authorities consult with other organs of state
(e.g. DWAF) on other relevant legislation and makes a decision on the License Application S 44 & 49
Application
GRANTED
S 49 (1) (a)
Application
REFUSED
S 49 (1) (b)
Application
REJECTED
S 49 (1) (c)
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The Waste Management License must include, inter alia, the waste management activity, location of operation, the person to whom it is issued, the period it is valid for and the period in which a renewal in license must be applied, the amount of waste to be handled, processed, stored, minimization strategies, monitoring, auditing and reporting requirements S 51
Application may only be re-submitted if it contains new information that was not previously submitted or a period of 3 years has elapsed since the previous application was lodgedS 49 (5)
Application may be amended and re-submitted to the licensing authority for reconsiderationS 49 (6)
The conditions of a the License can be varied by request or written noticeS 54
The License can be transferred to a new owner on requestS 52
The License must be renewed before the expiry dateS 55
The License may be revoked or suspended if it is in contraventionS 56
The holder of the License can surrender the license on requestS 57
The holder must designate a Waste Management Control Officer S 58
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C6: Waste information • The purpose of this chapter is to provide for the gathering of
waste information by government to be able to monitor the effectiveness of initiatives of policies and strategies on waste management
S60 Establishment of national waste information system: requirements for establishment of waste information system
S61 Objectives of national waste information system: specific objectives
S62 Provision of information: requirements for provision of information
S63 Access to information: conditions for accessS64 Establishment of provincial waste information systems:
requirements for establishment of waste information systems
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C7: Compliance and enforcement
S65 Compliance Powers of the Minister of DWAF The purpose of this section is to provide the Minister of
DWAF compliance powers on waste related issues that may impact on water resources
Minister of DWAF should consult the Minister of DEATS 66 Waste impact reports: outlines the requirements for
preparation and submission of waste impact reportsS 67 Offences: outlines actions that constitute an offenceS 68 Penalties: outlines penalties for offences
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C8: General matters
• Part 1: Regulations: As the Waste Bill is framework legislation, there will be a
number of regulations that will be passed to give effect to the legislation of waste effectively
S 69 to 71 outlines the regulations that may be passed by the Minister and MECs and general regulatory powers
• Part 2: Consultative process: S 72 and 73 outlines the requirements for consultations and public participation
• Part 3: Exemptions and Appeals: S 74 to 78 outline the processes of applications, consideration,
decision, review and transfer of exemptions and appeals
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C9: Miscellaneous• Delegations: S 79 by the Minister and MEC’s• Repeal and amendment of legislation: S 80 legislation repealed or
amended (Schedule 1)• Transitional provisions: S 81 outlines transitional provisions for
permits issued under section 20 of ECA and S 82 outlines transitional provisions with regards to the listing of waste management activities
• S 83 the Waste Act will be regarded as the specific environmental management Act
• S 84 Short title and commencement
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THANK YOU