5.5 Mechanisms to give effect to International Obligations

Section 6.(1)(b) of the Waste Act requires that the NWMS establish “mechanisms, systems and procedures for giving effect to the Republic's obligations in terms of relevant international agreements”. The most important international agreements that relate to the issue of waste management, and to which South Africa has acceded, are summarised in the table below.

Table: Summary of Main International Agreements

Agreement Description
Basel Convention, 1989 Controls and limits the movement of hazardous wastes across national borders on the basis of informed consent and provides stringent tracking requirements.
Montreal Protocol, 1989 Provides for the progressive phasing out of gaseous emissions found to deplete the ozone layer. The NEMA: Air Quality Act and the National Framework for Air Quality Management provide an additional regulatory framework with respect this protocol.
Rotterdam Convention, 1998 Controls the cross border movement of hazardous chemicals by defining a procedure for informed consent which includes standards for labelling and documentation. The DEA is to be the designated national authority in terms of the convention.
Stockholm Convention, 2004 Provides measures for limiting Persistent Organic Pollutants (POPs) - a category of harmful chemical compounds that accumulate in the food chain and damage the integrity of ecological systems.
Various Maritime Conventions Although under the control of the Department of Transport rather than DEA, several Maritime conventions deal with disposal of waste at sea, with varying levels of international ratification.

 

South Africa is also a signatory to the Johannesburg Plan of Implementation that was adopted at the World Summit on Sustainable Development in 2002, and which contains a number of references to waste. The Strategic Approach to International Management of Chemicals (SAIMC) is the main vehicle through which the undertakings for hazardous waste are being implemented internationally. At the first review of the SAICM, extended producer responsibility emerged as a key focus.
 
The declaration of priority wastes in terms of Section 14 of the Waste Act provides an important mechanism for giving effect to our international obligations, particularly those involving hazardous wastes, wastes potentially causing ozone depletion, or wastes that include hazardous chemicals and POPs as a component. DEA and DTI have created an Interdepartmental Committee for the Sound Management of Chemicals that co-ordinates the alignment of national legislation with international agreements, and the Waste Act is one of the key instruments at the disposal of the committee.
 
Systems for permitting and controlling the import and export of chemicals and hazardous waste are now integrated with the provisions of the International Trade Administration Act (Act 71 of 2003), the implementation of which falls under a dedicated directorate within DTI, the International Trade Agreement Commission (ITAC). These systems use international tariff codes identified in Multilateral Export Agreements (MEAs) and utilised by the Customs and Excise division of SARS, which implements the prohibitions or restrictions associated with a particular tariff code.
 

In terms of controlling the dumping of waste at sea, a key recommendation is the inclusion of the cost of port waste reception facilities in general harbour dues, thereby removing a disincentive for unloading waste in port.