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:
| Function | Responsibility | Comment |
|---|---|---|
| Section 9(4) Support to municipalities |
Both national and provincial government are expected to support and strengthen the municipality’s ability or right to perform its functions in relation to waste management activities. | Section 5.7 addresses capacity-building requirements. |
| Section 10(1)(2)(3) Waste Management Officers |
Each sphere of government is required to appoint Waste Management Officers | Section 5.2 describes the system of Waste Management Officers |
| Section11(1) Integrated Waste Management Plans |
Each sphere of government is required to prepare an integrated waste management plan | Section 5.3 describes the system of integrated waste management planning |
| Section 43.(1) and Section 43(2) Licensing authority |
The MEC is the licensing authority except for those activities for which the Minister is deemed the licensing authority. The Minister is the licensing authority where the activity involves hazardous waste, international obligations, is performed by a provincial department of environmental affairs or other statutory bodies with the exclusion of municipalities, an activity that takes place in more than one province or traverses international boundaries, two or more activities at a facility where the Minister is a licensing authority of one activity. |
Section 3.5 addresses the requirement for the delegation of the licensing role in favour of integrated licensing especially where multiple licensing requires consent from different spheres of government. |
5.1.3(2)
| Function | Responsibility | Comment |
|---|---|---|
| Section 9 | The Minister or MEC or municipality may set standards, other than those that are mandatory. | |
| Section 14(1) | The Minister or MEC may declare a priority waste. | Section 3.6 addresses priority waste. |
| Section 16(4) | The Minister or MEC may issue regulations to provide guidance on how to discharge this general duty of care, or identify specific requirements that must be given effect to. | |
| Section 19(1) and Section 19(3) | The Minister or MEC may publish a list of waste management activities. | Section 3.5 addresses the listing of waste management activities. |
| Section 25 Duties of persons transporting waste |
The Minister, MEC or municipality may require any person or category of persons who transport waste for gain to register with the relevant waste management officer in the Department. | Section 3.8 addresses the registration of transporters. |
| Section 29 Industry Waste Management Plans |
Both the Minister and the MEC may require the preparation of Industry Waste Management Plans. | Section 3.4 addresses the development of Industry Waste Management Plans |
| Section 36 - Section 40 Land contamination |
The Minister or MEC are responsible for a whole range of actions in relation to land contamination and remediation. | Section 2.7 addresses remediation. |
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.