The existing intergovernmental systems for coordinating environmental management provide the basis for cooperative governance in relation to waste management. These structures consist of the following:
Committee for Environmental Co-ordination was established in terms of Section 7 of the NEMA. The object of the Committee is to promote the integration of environmental functions of the relevant organs of state, and in particular to promote the achievement of the purpose and objectives of environmental implementation plans and environmental management plans. This will be the appropriate forum to align the activities of DEA with other government departments, and integrate the IWMP into the department’s strategic plans.
MINTECH Working Group 4 deals with compliance and enforcement issues, and it is working on clarifying the respective roles and responsibilities between national, provincial and local levels. It will be important for the Working Group to also establish the respective roles of the EMIs and the envisaged WMOs.
EMIs also coordinate their activities closely with the South African Police Services (SAPS), who play a crucial role in enforcing environmental legislation. EMIs work closely with police officials in the investigation of environmental crimes. In terms of NEMA, all police officers also have the powers of an EMI.
Coordination with the National Prosecuting Authority is extremely important for the prosecution of environmental crimes. EMIs are not empowered to prosecute cases in court, and the results of their investigations are handed over to prosecutors of the NPA to prosecute. The Department of Environmental Affairs and the NPA are collaborating to ensure the successful prosecution of environmental crimes.
The DEA has already given consideration to the institutional arrangements for the co-ordination of the WMOs, and it has planned for a three tiered co-ordination body, in the form of:
It is evident that the mandates of these fora are very broad; especially the provincial and district waste fora, and further guidance will be required regarding the mandate of each forum. There may also be a need to consider the membership of the fora, as the provincial and district fora appear not to make provision for industries’ involvement. The latter are only included at a national level as non-standing members. The issues for further consideration therefore include the mandates of the fora and consideration of the need for standing-membership for industry. The levels at which industry should be presented should also be considered.
With respect to intergovernmental relations, it has been proposed that a co-ordinating committee be established between DEA and the DTI to address the application of the South African Technical Infrastructure; the declaration of priority wastes and EPR schemes; the implications of the Consumer Protection Act; recycling schemes and the implications for competition policy; and incentives for cleaner production, to mention a few. The NWMS will situate the role of waste management in the context of industrial policy and how it can support the economic growth development objectives of the country in an environmentally sensitive way.
In relation to priority wastes, it is recommended that the interdepartmental consultation is accomplished through the creation of an inter-departmental committee involving DEA, DTI, and National Treasury. The committee would evaluate proposals for the promotion of reduction, re-use, recycling or recovery of waste, as well as their economic impact, in order to guide their further implementation. This committee could also be utilised for the purposes of dealing with priority wastes and the EPR measures outlined above.