5.1.1 The role of the state

5.1.1(1)
The state is comprised of three spheres of government, namely national, provincial and local government, and organs of state, including parastatals and agencies, the executive and the legislature.  The three distinct roles of the state are:

• Policy making functions that encompass the establishment of norms, standards and targets, the system of planning for service expansion and improvement, as well as coordination and policy development activities.
• Regulation, which includes the preparation of regulations, listing and licensing of waste management activities, compliance and enforcement, and declaration of priority wastes.
• Waste service delivery, including the collection, transport and disposal of domestic waste, which is a municipal function.

5.1.1(2)
As a principle of good governance, there should be separation of the regulatory role, particularly in terms compliance monitoring and enforcement, from the policy-making and service-provision roles. This is particularly important in instances where a department is responsible both for the delivery of waste management services and the overall regulation of the waste management sector.

5.1.1(3)
The application of norms and standards, and the regulation of waste management activities, needs to be applied across both public and private sector providers equitably. Without clear role separation, it will not be possible to ensure unfettered and meaningful regulation of waste management activities.

5.1.2 Vertical division of responsibilities

5.1.2(1)
Informed by the Constitutional assignment of powers and functions to the different spheres of government, the Waste Act assigns clear responsibilities to each sphere of government in relation to waste management activities.

5.1.2(2)
Local government is responsible for the provision of waste management services, which includes waste removal, waste storage and waste disposal services, as per Schedule 5b of the Constitution. Municipalities are obliged to designate a waste management officer from their administration to co-ordinate matters pertaining to waste management. They must also submit an integrated waste management (IWMP) plan to the MEC for approval.  The IWMP needs to be integrated into municipal integrated development plans (IDP), and the municipal annual performance report must include information on the implementation of the IWMP.

5.1.2(3)
At their discretion, municipalities may set local waste service standards for waste separation, compacting of waste, management and disposal of solid waste, amongst others. Local standards must be aligned with any provincial and national norms and standards where these exist. In particular, where municipal by-laws on waste disposal exist, these must be aligned with Chapter 4 Part 6 of the Waste Act as described in Section 3.9 of the strategy. Municipalities may also require transporters of waste to register on a list of waste transporters.

5.1.2(4)
Provincial government is obliged to promote and ensure the implementation of the NWMS and national norms and standards. Similarly to local government, it must designate a provincial waste management officer responsible for co-ordinating matters pertaining to waste management in the province. It must also prepare an IWMP and prepare an annual performance report on its implementation, both of which must be submitted to the Minister for approval. The provincial government is also deemed the primary licensing authority for waste activities for which the Minister is not deemed the licensing authority. Provinces have a number of discretionary powers, some of which may only be exercised in consultation with the Minister. These powers include:

• The setting of provincial norms and standards.
• Declaring a priority waste.
• Listing waste management activities.
• Registering waste transporters.
• Requesting the preparation of industry waste management plans.
• Identification of contaminated land.
• Establishing a provincial waste information system.

5.1.2(5)
To provide a nationally harmonised regulatory environment for waste management, the provinces should only exercise these discretionary powers where clear and compelling reasons exist to do so, and should do so in consultation with DEA.

5.1.2(6)
National government and in particular DEA is ultimately responsible for ensuring that the Waste Act is implemented and that the various provisions are harnessed in the most appropriate and effective way. The Waste Act specifies various mandatory and discretionary provisions that DEA is required to address.

5.1.2(7)
In terms of mandatory provisions, DEA is responsible for:

• Establishing the National Waste Management Strategy.
• Setting national norms and standards.
• Establishing and maintaining a National Contaminated Land Register.
• Establishing and maintaining a National Waste Information System.
• Preparing and implementing a National Integrated Waste Management Plan.

5.1.2(8)
The Minister is the licensing authority with respect to hazardous waste, international obligations, activities performed by a provincial environmental authority or statutory body other than a municipality, or an activity that takes place in more than one authority or transverses international boundaries. The Minister must designate a waste management officer from the DEA administration to co-ordinate matters pertaining to waste management.

5.1.2(9)
DEA has numerous discretionary responsibilities that it may invoke if required. These include:

• Developing national norms and standards for waste minimisation, re-use, recycling and waste recovery.
• Setting standards for waste tariffs.
• Declaring priority wastes.
• Identifying products for the application of extended producer responsibility.
• The listing of waste management activities.
• Requesting the preparation of industry waste management plans.
• Registration of transporters of waste.
• Identifying land that may be contaminated for investigation.

5.1.2(10)
The above summaries provide an overview of the main responsibilities directly provided for in the Waste Act.  It is evident that the allocated roles and responsibilities need to be seen as elements within an integrated system, with a cascading of roles according to the level at which they are most logically performed.

5.1.3 Concomitant responsibilities

5.1.3(1)
There are several areas of concomitant or shared responsibility between the different spheres of government. The mandatory and discretionary responsibilities are set out in the following tables:

 5.1.3(2)
 

5.1.3(3)
The exercising of these concomitant powers will be addressed within the cooperative governance mechanisms described in Sections 5.2 and 5.8.

5.1.4 Horizontal assignment of responsibilities

5.1.4(1)
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.

5.1.4(2)
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 the dti for implementing the Waste Act. The implementation of the system of norms and standards will require the support of the Technical Infrastructure under the dti, as described in Section 3.2. This system will be used to determine standards for products in relation to packaging and recycling as well as the provision of waste services, and ensure their measurement and certification. In order to achieve this, the waste management sector will need to be identified as a lead sector by the dti.

5.1.4(3)
Other issues that require the involvement of the dti include the declaration of priority wastes and implementation of EPR schemes; the implications of the Consumer Protection Act for waste management; the promotion of recycling schemes and the implications of competition policy for the provision and sub-contracting of waste services by municipalities.

5.1.4(4)
National Treasury: The National Treasury has a crucial role to play in managing the overall system of taxation, and in implementing taxation measures that support the goals and objectives 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.

5.1.4(5)
South African Revenue Services: In terms of the prohibition and restrictions on the import, export and selling of priority wastes, it is important that declarations of priority wastes are aligned with the product codes maintained by SARS in the Schedules to the Customs and Excise Acts.

5.1.4(6)
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 unlicensed. The Department must provide guidance and oversight to municipalities and the provinces with respect to the incorporation of Integrated Waste Management Plans into Integrated Development Plans.

5.1.4(7)
Department of Water Affairs:  There are three important areas that require the input and co-operation from the Department of Water Affairs, as they form concurrent mandates, namely:

• Integrated waste disposal licenses that include water use licenses.
• Contaminated land and its remediation.
• The management and disposal of sewage sludge emanating from wastewater treatment facilities.

5.1.4(8)
Other government departments that have important role to play in implementing the NWMS include:

• The Department of International Relations, which must lead South Africa’s engagement in multilateral forums that address sustainable development and waste management issues.
• The Department of Mineral Resources plays a key role in regulating waste management in the mining sector, which includes addressing waste management issues in relation to residue deposits and stockpiles which fall outside the ambit of the Waste Act, and the remediation of land contaminated by mining activities.
• 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.

5.1.5 The role of industry

5.1.5(1)
With respect to industry, the NWMS envisages an important role for industry within a co-regulatory approach to achieving the objectives of the Act. The primary instrument for achieving this vision is the Industry Waste Management Plan. Private sector representative bodies have an important role to play in ensuring that the provisions of the Act are understood, implemented, and complied with by business and industry. The uptake of cleaner technology practices will also be a necessary step in the process of achieving waste minimisation.

5.1.5(2)
Private service providers play key roles in all stages of waste management, including in waste service delivery. An expansion of waste services to unserviced communities will require municipalities to explore alternative service delivery mechanisms, including public private partnerships, and the private sector is encouraged to actively engage in making universal service provision a reality. The private sector should also respond creatively to new technologies in the fields of waste to energy conversion and hazardous waste disposal, and establish capacity in these areas as technologies become commercially viable.

5.1.6 The role of civil society

5.1.6(1)
NGOs, non-profit organisations, community based organisations, cooperatives and trade unions play important roles in all phases of the waste hierarchy, including in recycling initiatives and delivery of waste management services. A number of the interventions proposed in this strategy will aim to reinforce the work of non-profit organisations within their sectors. Civil society formations are encouraged to continue to engage with the regulatory authorities in the various public participation processes that are embarked upon in the development and implementation of the provisions of the Act. Furthermore, the role of citizen oversight, particularly in relation to the delivery of waste services, should be factored into the design of the provision of these services. As discussed in S5.6, education, advocacy and awareness-raising initiatives are required to ensure that civil society fulfils this role effectively.