5.8.1 Existing mechanisms to facilitate co-operative governance

5.8.1(1)
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:

• MINMEC: Environment is a standing intergovernmental body consisting of the Minister of Environmental Affairs, members of the provincial Executive Councils (MECs) responsible for environmental management functions and SALGA. MINMEC meets quarterly.
• MINTEC: Environment is a standing intergovernmental body that provides technical input into the MINMEC. The MINTEC consists of the Director-General of the DEA, the heads of the provincial departments responsible for environmental management functions, and SALGA. MINTEC also meets quarterly.
• 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 their strategic plans.
   

5.8.2 Compliance monitoring and enforcement

5.8.2(1)
MINTEC 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. This working group will review and provide guidance regarding the respective roles of the EMIs and the WMOs.

5.8.2(2)
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.

5.8.2(3)
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 will collaborate to ensure the successful prosecution of environmental crimes.

5.8.3 Establishment of new co-ordinating structures

5.8.3(1)
An important principle in the formulation of co-ordinating structures is to leverage on existing structures as far as possible and to minimise the establishment of new structures.  However, with respect to the relationship between the DEA and the Departments of Trade and Industry and Finance, a number of issues have been raised in the NWMS where coordination is required. A dedicated co-ordinating committee will be established 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. The committee will also 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.

5.8.3(2)
With respect to land remediation, coordination is particularly important as this is a concurrent mandate. There is an existing Government Task Team comprising the Departments of Mineral Resources, Environmental Affairs and Water Affairs focusing on mine closures that addresses remediation in relation to mining activities. The mandate of this committee will be broadened to address remediation in its entirety. DEA will convene and provide the secretariat for this committee.

5.8.4 Co-ordination of the WMOs

5.8.4(1)
The Act provides for the appointment of Waste Management Officers whose broad role will be the co-ordination of waste management activities. The diagram below represents the co-ordination mechanism for the WMOs. The creation of three structures is envisaged at local, provincial and national levels.

Figure 13: Coordination mechanisms for WMOs

5.8.4(2)
The role of WMOs is primarily regulatory, hence the requirement for a national waste forum independent of the existing MINTEC Working Group: II: Pollution and Waste, which is responsible for waste management policy. In the interests of effective co-ordination of the regulatory and policy-making roles in relation to waste management, the chairperson of the National Waste Forum will report to Working Group II.

5.8.5 Specific areas for co-operative governance

5.8.5.1    Waste management licensing
5.8.5.1(1)
Section 44 of the Waste Act requires that a waste management license may only be issued with the required approvals from other organs of state that are legally mandated to consent to that activity. Furthermore, the Act makes provision for integrated licensing by means of, an integrated environmental authorization as contemplated in NEMA section 24L.

5.8.5.1(2)
When issuing a waste management license, DEA submits the license to the Department of Water Affairs (DWA) for a Record of Decision.  DWA may request a water use license as per the provisions of the National Water Act. In the interests of integrated licensing, DWA in consultation with DEA may determine waste management activities for which a Record of Decision will suffice i.e. no separate water use license is required.

5.8.5.1(3)
In the event that a contravention of a waste management license has resulted in the contamination of the water resource, the Minister may issue a remediation order or measures to monitor and manage the risk in terms of the National Water Act. This power must be exercised in consultation with the relevant MEC.

5.8.5.1(4)
To achieve integrated licenses incorporating air quality, waste and water use licensing, licensing requirements must be harmonized through intra-departmental co-ordination with respect to air quality and waste management, and interdepartmental co-ordination with the Department of Water Affairs. Integrated licenses will reduce the administrative burden associated with licensing requirements.

5.8.5.2    Integrated Waste Management Plans
5.8.5.2(1)
The inclusion of IWMPs in Integrated Developed Plans (IDPs) is required to ensure the mainstreaming of waste management in local government. A co-operative relationship is envisaged between the MEC for local government and the MEC for environment to ensure that municipalities are supported and monitored in the development and implementation of integrated waste management plans. In developing guidelines for these plans, DEA will consult with the Department of Co-operative Governance and Traditional Affairs.

5.8.5.3    Declaration of priority waste
5.8.5.3(1)
Where the declaration of a priority waste is likely to have a significant impact on the national economy, the Minister of Trade and Industry and the Minister of Finance must be consulted.

5.8.5.4    Waste minimization and Extended Producer Responsibility
5.8.5.4(1)
There is a co-operative relationship envisaged by the Act between DEA and the dti with respect to waste minimization activities and extended producer responsibility as provided by sections 17 and 18. In terms of section 17, the Minister of Environmental Affairs must consult with the Minister of Trade and Industry before requiring the reduction, re-use, recycling and recovery of products or requiring the inclusion of a determined percentage of recycled material in a product. The same consultation is required for the declaration of measures to achieve EPR as contemplated in section 18.

5.8.5.5    Land remediation
5.8.5.5(1)
With respect to land remediation, the Minister or the MEC may only act in terms of the various provisions of the Act, having consulted with any other organ of state concerned, and in the case of the MEC having consulted with the Minister.
5.8.5.6    Regulations
5.8.5.6(1)
The Act provides for the development of a regulations regarding various aspects of the Act, which need to be developed in consultation with the relevant Ministers – these Ministers include variously the Ministers of Trade and Industry, Finance, Co-operative Governance and Traditional Affairs and Water Affairs.