5.5(1)
Section 1.4 of the NWMS outlined the Republic’s international obligations and related strategic challenges. This section will build on section 1.4, providing for mechanisms to give effect to South Africa’s international obligations.
5.5(2)
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”. There are various international agreements that relate to the issue of waste management, and to which South Africa has acceded. There are also various conventions and protocols of a non-binding nature that are nevertheless relevant to the issue of waste management. The main actions in relation to implementation of the international agreements relevant to the NWMS are summarised below.
5.5.1(1)
As stated in Section 1.4, while South Africa has given effect to the provisions of the Basel Convention, there is currently no legal framework for implementing the Convention. DEA is however, developing MOUs with the International Trade Administration Commission (ITAC) and the South African Revenue Service (SARS) which effectively address the provisions of the Basel Convention.
5.5.1(2)
DEA is considering accession to the amendments to the Basel Convention which provide for absolute bans on the import and export of hazardous wastes. DEA is also currently developing a policy on imports and exports which will go some way to address this.
5.5.1(3)
Together with the chemical conventions, the import and export control aspects of the convention are being addressed jointly by DEA and the dti through the issuing of permits via ITAC and the use of SARS tariff codes.
5.5.2(1)
Although this convention does not deal specifically with waste management, the Waste Act will be used to declare chemicals controlled under the convention as priority wastes for ease of control. A National Implementation Plan has been under development for some time and DEA will expedite the finalisation and publication of this plan. DEA will also prepare a phase out plan for substances controlled under this protocol.
5.5.3(1)
Although this convention explicitly excludes waste, implementation of the convention may lead to the banning of listed chemicals, some of which may be included in stockpiles of obsolete pesticides that have been identified as a major waste management challenge. The provisions of the Act for regulation in relation to the import and export of priority wastes clearly provide a potential mechanism for the implementation of the Rotterdam Act, as do the provisions for extended producer responsibility.
5.5.3(2)
DEA has prepared an internal action plan for the implementation of this Convention, which will be reviewed, updated in the light of the mechanisms set out in the Waste Act, and published for public comment.
5.5.4(1)
Although this convention does not deal specifically with waste management, it is likely that some of the chemicals controlled under this convention will be declared as priority wastes in order to assist with their control and phase out. A National Implementation Plan has been under development for some time and DEA with review and finalise this in the light of the recently promulgated Waste Act.
5.5.5(1)
Despite decades of regulation at the IMO and elsewhere, and the prohibition of the discharge and dumping of nearly all shipping waste streams, such wastes routinely find their way into the sea with little evidence that these discharges are diminishing. As indicated in Section 1.4, the disincentive to use the Port Reception Facilities (PRF) can be removed by incorporating the cost of PRF use into the general harbour dues which all ships pay. Such an approach is generally known as a “no-special-fee” system, and is already in place in other seas. Accordingly the Department of Transport, in conjunction with DEA, will investigate and implement a “no-special-fee” system in all South African ports, and actively promote this as a standard international requirement.
5.5.6(1)
At the first review of the SAICM there was a strong focus on Extended Producer Responsibility issues, particularly with respect to nano-technology, chemicals in products, lead in paint, and hazardous chemicals arising from e-Waste. South Africa is often on the receiving end of sales or “donations” of electronic goods nearing the end of their productive life-cycle, which is tantamount to the import of e-Waste. This represents a dual challenge, both in terms of regulation of imports, and developing local processing capacity for e-Waste. The SAICM is considering the possibility of amending the Basel Convention to take cognisance of the situation with respect to the export of used electronic products to developing countries that do not have the technical capacity to safely process the e-Waste that inevitably results.
5.5.7(1)
DEA and the dti have established the Interdepartmental Committee for the Sound Management of Chemicals to coordinate the implementation of national legislation and action plans for chemicals management that are aligned with international agreements and instruments. This committee integrates previously separate structures for coordination of activities relating to the Rotterdam Convention (the Chemical Review Committee) and the Stockholm Convention (POCROC).
5.5.7(2)
The committee is comprised of the representatives from all affected government departments, including the SABS, ITAC, South African National Defence Force (SANDF), and South African Police Service (SAPS). The committee also convenes a multi-stakeholder forum that includes representatives from provincial and local government, labour, business, civil society, and academic and research institutions.
5.5.7(3)
The work programme for the Interdepartmental Committee includes formulation of recommendations on whether to accede to international agreements, and advice on programmes of action with respect to agreements to which South Africa has already acceded, including proposals regarding the drafting of the necessary regulations.
5.5.8(1)
The systems for controlling the import and export of chemicals and hazardous waste have now been integrated with the provisions of the International Trade Administration Act (Act 71 of 2003) which makes provision for control, through a permit system, of the import and export of goods specified by regulation. The system falls under a directorate in the dti - ITAC, the primary function of which is the administration of the provisions of the International Trade Administration Act.
5.5.8(2)
The control of imports is done in terms of regulations issued by the Minister of Trade and Industry, who can either ban the import of goods of a specified class or kind, or require that they must adhere to the conditions stated in a permit issued by the Commission. DEA is required to identify the relevant tariff codes and associated restrictions required for chemicals and other products, which are submitted to the dti and promulgated by the Minister of Trade of Industry in terms of regulations issued under the International Trade Administration Act. The tariff codes are in turn utilised by the Customs and Excise division of SARS, which automatically acts in terms of the prohibitions or restrictions associated with a particular tariff code.
5.5.8(3)
In order to assist both DEA and the dti with the administration of this system, it is important that the relevant Multilateral Export Agreement (MEA) Convention secretariats assist member countries with identifying the relevant tariff codes, which are used internationally. This alignment of mechanisms for import and export control with the MEAs is one of the central mechanisms to give effect to our international obligations.