5.2(1)
The Waste Act creates a specialized system of officials, referred to as Waste Management Officers (WMOs), who are charged with the broad responsibility of coordinating waste management matters at each level of government. This system addresses the historical fragmentation of waste management functions within government by ensuring that a dedicated authority is responsible for implementing policy and regulations in terms of the Waste Act.
5.2(2)
A WMO must be designated in writing by the appropriate authority at each sphere of government - by the Minister at national level, the MEC at provincial level and the Mayor at local level.
5.2(3)
The Act states that WMOs must co-ordinate their activities with other waste management activities in the manner set out in the NWMS, or in terms of a notice published by the Minister in the Gazette.
5.2(4)
The Department has produced guidelines regarding the appointment of WMOs and the role, powers, profile and rank of the WMOs. These guidelines need to be read in conjunction with the National Co-ordination Plan for the Implementation of the Waste Act and its Regulations.
5.2(5)
The definition of the roles of WMOs at each level of government is informed by the responsibilities and duties assigned to that sphere of government in terms of the Waste Act and the NWMS, as well as the specific powers assigned to WMOs in terms of the Waste Act. How WMOs fulfil their roles and duties will be influenced by their status and profile, their positioning within their respective level of government, and the institutional mechanisms created to effect the implementation of the Waste Act.
5.2(6)
In designating specific responsibilities to the WMOs, an important consideration is the distinction between regulatory functions, policy making functions, and service-delivery functions. In order for the WMO to be able to effectively ensure that services are delivered to the required standard and that the provisions of the Act are adhered to, they must have an independent regulatory role. This independent regulatory function does not mean that the system of WMOs is independent of government, but rather that WMOs be located in a separate functional division that enables them to retain oversight over the implementation of the provisions of the Act. This is particularly important for ensuring adherence to the national system of norms and standards, which are fundamental to achieving the objectives of the Waste Act.
5.2(7)
The realisation of this independent regulatory function will determine where the WMOs are located in their respective organisations, what functions they can perform, and their lines of accountability and reporting. For this reason, at local government level WMOs should not be located within the waste services or engineering department, but rather in the Municipal Manager’s office or a separate environmental regulatory component. Their duties should be limited to the regulatory aspects of the Act, whilst service-delivery should be fulfilled by other waste management personnel.
5.2(8)
The Act assigns specific regulatory powers to the National WMO and Provincial WMOs. In terms of section 58(1) they may request the appointment of waste management control officers by holders of waste management licenses, and in terms of section 66(2) they may require the preparation of waste impact reports when waste management licenses are being reviewed.
5.2(9)
The responsibilities of the national WMO are as follows:
5.2(10)
The responsibilities of the provincial WMO are as follows:
5.2(11)
The provincial WMO reports to the provincial Head of Department. The responsibilities of the local WMOs are as follows:
5.2.1(1)
The Environmental Management Inspectorate (EMI), which is described in greater detail in Section 5.4, is responsible for compliance and enforcement of the provisions of the Waste Act. As part of their regulatory function, the WMOs have an important role to play in supporting the EMIs with compliance monitoring, which will require a close working relationship between the WMOs and the Environmental Management Inspectorate (EMI). The greater the co-operation between the WMO and the EMI, the more effective the execution of the compliance monitoring function will be.
5.2.1(2)
Currently the EMI operates primarily on the basis of reactive and strategic compliance monitoring, with proactive monitoring of secondary importance. In terms of the reactive monitoring, the EMIs will inform the WMOs of reactive monitoring initiatives to assist the WMOs in identifying areas of non-compliance and as a means of developing longer term support interventions, which will include brokering relationships with affected parties and finding consensual ways of addressing non-compliance.
5.2.1(2)
Cooperation with the WMOs will free up resources in the EMI to support more proactive compliance monitoring. The WMOs will also provide guidance to the EMI to assist it in identifying priorities for strategic monitoring of activities that present a significant threat to health and the environment. A further area of co-operation is in the preparation of Waste Impact reports, provided for in terms of Section 66 of the Waste Act. Under certain circumstances, both can request a waste impact report and it is recommended that this be done in consultation and co-operation with each other.