5.1.2 Horizontal Assignment of Responsibilties

In considering the horizontal assignment of roles, it is important to understand how the provisions of the Waste Act interface with and build on the regulatory provisions of other pieces of related legislation. This policy harmonisation exercise also needs to draw on the Inter-governmental Relations Framework.

Department of Trade and Industry: The DTI has a crucial role to play in relation to the overall system of industry regulation, and the utilisation of various mechanisms and capacities within DTI for implementing the Waste Act. The implementation of the system of norms and standards will require the support of the Technical Infrastructure under DTI, as described in Section 3.1. Utilisation of this system will enable the determination of standards for products and services, and ensure their measurement and certification within a broader South African standards context. In order to achieve this, the waste management sector will need to be identified as a lead sector by the DTI.   
 
Other issues that require the involvement of the DTI include the declaration of priority wastes and EPR schemes; the implications of the Consumer Protection Act; recycling schemes and the implications for competition policy.
 
National Treasury: National Treasury has a crucial role to play in managing the overall system of taxation, and in implementing taxation measures that can support implementation of the NWMS. National Treasury must also be consulted where the economic implications of measures with respect to a priority waste are potentially significant. National Treasury plays an important role in determining budget allocations for waste management functions at national level, and in addressing the fiscal mechanisms required for implementation of waste services and accessing of grants.
 
South African Revenue Services: In terms of the prohibition and restrictions on the import, export and selling of priority wastes, it is important that the alignment of priority wastes with the product codes maintained by SARS in the Schedules to the Customs and Excise Acts takes place.  
 
Department of Co-operative Governance and Traditional Affairs: National and provincial government must provide support to municipalities with respect to their executive responsibilities, including delivery of services. This support needs to be co-ordinated with the Department of Co-operative Governance and Traditional Affairs. The Department also has an important role to play in ensuring that the Municipal Infrastructure Grant can be accessed for the development and upgrading of municipal landfill sites, many of which are not compliant or licensed.
 
There are a number of government departments with important additional functions, including:
  • The Department of International Relations must lead South Africa’s engagement in multilateral forums that address sustainable development and waste management issues.
  • The Department of Minerals plays a key role in regulating the mining sector, and addressing waste management issues where these fall outside the ambit of the Waste Act.
  • The Department of Health has an important role to play in addressing health care risk waste, and in advising DEA and provincial departments on the appropriate standards and measures to be applied to the sector.
  • The Department of Water Affairs is crucially concerned with water quality issues, and the measures required to minimise and mitigate the effects of groundwater contamination.
The role of these and other departments in implementing the NWMS needs to be set out in more detail in the NWMS.