3.1 Overall goals, approach and regulatory model

In order to achieve these objectives a tiered and consensual model, which seeks to optimally combine government regulation and compliance actions with the application of economic incentives, self regulatory components, fiscal mechanisms, and voluntary initiatives, has been accepted. This model aims to establish a level of baseline regulation for the waste sector, as a foundation for a co-regulatory system that relies on industry initiative and voluntary compliance. Only in instances where industry response proves insufficient for dealing with market failure will more aggressive regulatory tools be utilised. In line with this model the various mechanisms and measures set out in the Waste Act are viewed as a “tool box” of instruments to be used systematically and strategically in addressing specific issues.

 

The foundation of the tiered and consensual model is the development of a system of national norms and standards, which creates a common national platform for waste management activities to be undertaken by both public and private sectors. The Waste Act also provides for the development of provincial norms and standards as well as local waste services delivery standards, provided they do not contradict the national standards. The consequences of jurisdictional variation in norms and standards will have economic and administrative implications which need to be carefully evaluated.

 

In addition to norms and standards, the Waste Act creates a system for listing and licensing of waste management activities, which is the other key element of the baseline regulatory system. Waste management activities above certain thresholds are subject to a process of impact assessments and licensing, or a requirement to comply with certain additional standards. This provides a primary level of regulatory control over activities along the waste management value chain. It is envisaged that industries that proactively adopt waste management plans and effectively self regulate their sectors will be able to motivate for exemptions from licensing of their activities.

 

The Waste Act places a large emphasis on Industry Waste Management Plans, which are the central element in the co-regulatory system. These plans may either be prepared on a voluntary basis, or failing this, industries and sectors can be compelled to develop them. The Industry Waste Management Plans set out the targets that the industry will aim to achieve, how these will be cascaded down to company level, and the main measures that are required to achieve these. It is envisaged that industries which proactively prepare and submit industry waste management plans, and effectively regulate the industry on a voluntary basis, are likely to avoid the imposition of more stringent regulatory provisions provided by the Act (e.g. declaration of a priority waste or being required to develop an EPR programme). 

 

The Waste Act also contains a suite of more interventionist regulatory measures that form the last tier of the regulatory model. These include provisions for declaration of priority wastes and extended producer responsibility, which are interventionist regulatory tools which will be invoked in instances where specific regulatory gaps needs to be addressed, if necessitated by the accession to MEAs, or where there is persistent non-compliance or failure by a sector or industry to address waste management issues. These measures will also be backed up by economic incentives and penalties.