5.7.1 Common challenges across all spheres of government

5.7.1(1)
Integrated Waste Management Planning: The Act has established an integrated waste management planning system, which requires the preparation and implementation of integrated waste management plans at all three spheres of government. Capacity will be required in all three spheres to ensure that this interlocking system of integrated waste management planning is effective, and in particular at local level, since this is where the concrete plans and targets for waste service provision will be set.

5.7.1(2)
Monitoring capacity and enforcement: Capacity amongst EMIs is required both in numbers and areas of specialisation. It is estimated that approximately 800 additional EMIs are required to fulfil the compliance monitoring and enforcement of the Waste Act.  Two-thirds of these EMIs will be located at local government level, averaging out to two EMIs per municipality.  These EMIs will also need to receive specialised training in the Waste Act. Whilst it would be ideal if they only focused on the Waste Act, in practice they will likely fulfil broader environmental compliance monitoring functions.  The required modules will be developed and offered at accredited institutions that have a Memorandum of Understanding with DEA.

5.7.2 National government

The main capacity challenges for the Department of Environmental Affairs are in the following areas:

5.7.2(1)
Norms and standards: Capacity is required to develop both discretionary and mandatory norms and standards.  Specialist capacity will be built within the Department to develop and process standards, as these are a critical element of achieving the objectives of the Act. A dedicated unit including technical experts such as process and chemical engineers and legal drafters will be established.

5.7.2(2)
Licensing: The Department requires capacity to process licenses for activities where the Minister is the licensing authority. The most critical function to be performed is the environmental impact assessments, and review of the work conducted by external experts. The full assessment procedure specified for Category B license applications is a technically demanding process that already requires the appointment of an independent Environmental Assessment Practitioner (EAP). Currently, an effort is underway to set standards for EAPs and a Certification Board for Environmental Assessment Practitioners in South Africa has been established. The Board’s certification criteria include both academic qualifications and professional experience and take into account ethics and values.

5.7.2(3)
Contaminated Land and Remediation: This is one of the most significant new areas of regulation in terms of the Waste Act. It requires that a register of contaminated lands be established, with accompanying provisions to remediate, and it is retroactive in that it applies to land that was contaminated prior to the promulgation of the Act, or which experiences contamination now as a result of activities that took place prior to the Act’s promulgation. A new division is required with technical capacity to administer the system as described in Section 2.7 of the strategy.

5.7.2(4)
Waste management measures in relation to industry: The Act provides several waste management measures directed at industry, which includes norms and standards, industry waste management plans, Extended Producer Responsibility, and declaration of priority wastes. Capacity is required at national level to develop a sound understanding of industry waste management, and develop working relations with industry players, as this is critical to achieving the consensual, co-regulatory approach to waste management activities.

5.7.2(5)
Information management: The Department is the custodian of waste and waste management information, and a dedicated capacity for ensuring that appropriate information is collected, analysed and disseminated to support decision-making is required.

5.7.3 Provincial capacity

5.7.3(1)
The two biggest challenges for provincial environmental authorities are the licensing of waste management activities that are not the responsibility of the National Department and its involvement in integrated waste management planning.

5.7.3(2)
Provinces have a number of concomitant and discretionary powers and thus the provincial challenges will be largely influenced by which of these they choose to exercise. This will be done in conjunction with the national department and appropriate capacity initiatives will be developed through the intergovernmental coordination structures described in Section 5.8.

5.7.4 Municipal capacity

5.7.4(1)
Municipal capacity for the sustainable provision of waste management services and proactive planning and management of landfill disposal is the single greatest capacity challenge. The following areas will require specific attention as part of a country wide capacity building programme for local government around waste management:

• Planning capacity to prepare Integrated Waste Management Plans and to coherently plan for appropriate levels of service, the extension of services, and the planning and management of landfills.
• Engineering and contracts management capacity for the actual delivery of waste services, either through internal mechanisms or through contracting private waste service providers.
• Engineering and planning capacity to promote waste separation, collect recycled materials, and establish and operate MRFs.
• Financial management and administrative capacity to undertake full cost accounting, ring fence waste service budgets, establish and implement cost reflective and volumetric tariffs, and implement the free basic services policy through targeting subsidies to the indigent.
• Financial planning and infrastructure modelling capacity to undertake capital expenditure planning for waste services.
• Engineering and project management capacity to ensure proper landfill management, permitting of landfills, and preparation of proposals for MIG funding.
• Compliance monitoring and enforcement capacity to deal with situations of illegal dumping and non-compliance with Waste Act provisions.
• Communications and stakeholder management capacity to effectively communicate with communities regarding the importance of proper waste management practices.

5.7.4(2)
A nationally coordinated local government capacity building programme for waste management will aim to address the above challenges. The programme will be developed jointly between DEA, provinces and SALGA, and will be aligned with the overall strategic framework for local government capacity building that is being driven by COGTA. The programme will consist of various elements, including national policy guidance on systems and procedures, training and information programmes for officials and councillors, expert advice and placement for limited periods, and capacity building grants to support local initiatives. The programme will be finalised during 2010, and will be implemented at scale from the beginning of 2011.