1. Introduction

1.1
In terms of environmental policy development, these are both exciting and challenging times. They are challenging in that the serious nature of threats to the integrity of environment as a result of human activities is becoming steadily clearer. They are exciting in that governments all over the world have begun to recognize the importance of environmental policy and planning in sustaining the societies they serve.

1.2
Waste Management is in many ways the lynch-pin of environmental planning. Successful management of its own waste products is fundamental to the sustainability of any society. As human societies have evolved in scale and complexity, so too have the management problems in terms of waste – in some ways, exponentially.

1.3
The National Environmental Management Act: Waste Act passed by the South African Parliament in 2007 (“the Waste Act”) requires the development of a National Waste Management Strategy (NWMS) to achieve its objectives. The Waste Act is the result of an ongoing process of evolution of national legislation, policy, agreements and research on waste management. It has also been informed by the evolving international system of environmental governance. The NWMS will build on this process of policy development, and attempt to consolidate and advance in various areas.

1.4
In particular, the “new” NWMS will draw on the policy foundation and experience with implementing the existing NWMS, published by the Department of Environmental Affairs and Tourism (DEAT) and the Department of Water Affairs and Forestry (DWAF) in 1999. This 1999 strategy set out an integrated approach to waste management, cradle-to-grave management of waste products, and the waste hierarchy approach, which focused in descending order of priority on waste reduction, reuse and recycling. The strategy included a detailed series of action plans for implementing various aspects of the strategy.

1.5
Some of the actions envisaged in the strategy were not implemented in their entirety, partly as a result of the lack of institutional capacity at different levels of government and industry, and partly due to the absence of enabling legislation. Compliance with many of the strategy’s action plans was on a voluntary basis.

1.6
One of the salient features of the Waste Act is that it creates a powerful regulatory framework for waste management, granting significant regulatory powers to the Minister for Environmental Affairs and Tourism, and in so doing addresses one of the obstacles encountered in the implementation of the existing NWMS.

1.7
In describing a framework for the NWMS, this draft document sets out the policy context that should inform the drafting of the NWMS. This includes a high-level overview of the evolution of the legislative and policy framework for environmental policy with respect to waste management, an overview of our obligations in terms of International and multi-lateral agreements, and an overview of the existing NWMS and its implementation.

1.8
The NWMS should establish the context in which the measures provided in the act should be applied. Accordingly the framework for the NWMS also draws on an analysis of the waste measures, institutional arrangements, and planning requirements of the Waste Act itself.

2. The policy and legislative context

2.1
The Constitution of the Republic of South Africa, 1996 (Act 108 of 1996) is the foundation of the system of environmental regulation and policy, and creates a human rights foundation for society and government that includes ‘third generation’ development rights.
Section 24 of Chapter 2 – the Bill of Rights establishes that everyone has the right to an environment that is not harmful to their health and well being, and that legislative and other measures should be used to ensure that the environment is conserved and protected for future generations.

2.2
In 1995, following the first democratic elections, the Consultative National Environmental Policy Process (CONNEPP) was launched, resulting in the 1997 White Paper on National Environmental Management. In its objectives, the 1997 White Paper defined a hierarchy of waste management practices that remains a key principle of our waste management policy:

• Reduction of waste at source;
• Re-use;
• Recycle; and
• Safe disposal as a last resort.

2.3
A main policy goal set out in the 1997 White Paper was a review of existing environmental legislation that would identify key legislative priorities and lead to the development of relevant and effective legislation. This policy goal resulted in the development of the National Environmental Management Act of 1998 (NEMA), which established the principles that govern all environmental management activities, building on the foundation provided by the 1997 White Paper and Section 24 of the Constitution. In relation to waste management in particular, NEMA establishes the following principles:

• A stronger statement of the waste hierarchy that establishes avoidance of waste as the most basic objective of waste management;
• A statement of the Precautionary Principle i.e. a conservative approach to decision-making that takes into account the limits of current knowledge about the consequences of decisions and actions;
• A requirement for planning to anticipate, and therefore prevent, minimize, and remedy negative impacts on the environment and human health;
• A life cycle approach to waste management encompassing extended producer responsibility.
• The “polluter pays” principle: i.e. the environmental and health costs of pollution must be paid for by those responsible for harming the environment.

2.4
NEMA also provided an institutional framework, which included:

• The National Environmental Advisory Forum, consisting of 12 – 15 stakeholder representatives and domain experts to inform and advise the Minister on fulfilling the objectives of the act.
• The Committee for Environmental Co-ordination (CEC), consisting of Director Generals from relevant departments, provincial heads of department, and persons co-opted by the Minister. CEC’s function is to ensure co-ordinated environmental management and execution of the integrated environmental management plans contemplated in the Act.

2.5
By providing a coherent framework of principles for environmental planning within the context of co-operative governance, NEMA paved the way for the development of the first National Waste Management Strategy (NWMS), published in October 1999.
The 1999 NWMS represented a significant advance in terms of providing a coherent, integrated approach to waste management and in many respects provides the context for the new NWMS. For this reason, it is discussed in greater depth elsewhere in this document.

2.6
In the process of developing the NWMS of 1999, the importance of developing an integrated approach to the management of pollution and waste became clear, resulting in the White Paper on Integrated Pollution and Waste Management for South Africa, 2000. The white paper specified the need to review legislation pertaining to waste management in light of the shift in focus from waste disposal to waste avoidance and minimization. This review process ultimately resulted in the Waste Act of 2007 that prescribes the formulation of the new NWMS.

2.7
The framework of environmental principles established by NEMA provides the basis for a series of Acts relevant to waste management, including:

• National Environmental Management: Protected Areas Act of 2003;
• The National Environmental Management: Air Quality Management Act of 2004, which provides a regulatory framework for minimizing air pollution;
• National Environmental Management: Biodiversity Act of 2004;
• The First and Second Amendments to NEMA;

2.8
The Minister has also created a detailed regulatory framework for the performance of Environmental Impact Assessments (EIAs) based on chapter 5 of NEMA, streamlining the previous system based on the Environment Conservation Act .
In terms of environmental policy, climate change has emerged as a priority area with implications for waste management. In October 2004, the DEAT launched the Climate Change Response Strategy, which was approved by Cabinet the following month.
During the financial year 2005/2006, the DEAT conducted intensive sector-specific consultation with a view to developing sector adaptation plans and mitigation plans.

2.9
The first National Climate Change Conference was held in October 2005. Owing to the crosscutting nature of climate change, the DEAT has established four formal stakeholder committees, which inform and coordinate climate change issues, including the implementation of the Climate Change Response Strategy.

3. International obligations

3.1
The Waste Act specifies as one of the requirements of the NWMS that it should give effect to South Africa’s international obligations in terms of waste management. Furthermore, the background of International declarations, agreements and treaties has provided an important context for the evolution of South African environmental policy in general, and waste management policy in particular.
In many respects, the United Nations Conference on Environment and Development (UNCED) held in Rio de Janeiro in June 1992 ushered in the modern period of global co-operation on environmental issues. The “Earth Summit” (as it became known) was significant for developing country negotiators because it linked the concepts of environment and development and thereby placed sustainable development firmly on the global agenda.

3.2
The principal outcomes of the Earth Summit included:

• The Rio Declaration on Environment and Development, a non-binding declaration of principles of sustainable development and protection of the environment, which were defined as mutually inclusive objectives.
• A non-binding agreement known as Agenda 21, representing the United Nation’s programme for sustainable development in the 21st century. Amongst others, agenda 21 advocates the following four major waste-related programmes: minimizing wastes; maximizing environmentally sound waste reuse and recycling; promoting environmentally sound waste disposal and treatment; and extending waste service coverage.
• The United Nations Framework Convention on Climate Change and the Convention on Biological Diversity, which were negotiated in parallel to the UNCED process, were opened for signature at the Earth Summit and are often regarded as UNCED agreements.

3.3
The Rio Summit was the pre-cursor to a series of multilateral environmental agreements (MEAs), including treaties on forests, regional trans-boundary air pollution, desertification, biotechnology safety, land-based sources of marine pollution, water quality, regional trans-boundary movement of hazardous waste, the management of toxic chemicals, and the trans-boundary movement of radioactive waste. Many of these instruments came into being during the 1990s, thereby creating the modern system of global environmental governance.

3.4
In the build up to the Rio Summit, the Basel Convention, held on 22 March 1989, called for control of the trans-boundary movement of hazardous waste and its disposal. Whilst South Africa subsequently acceded to this Convention, no legislation was passed at the time to give effect to it. The second Basel convention, held on 8 October 2005, set standards for the control of trans-boundary movements of hazardous wastes and their disposal, setting out the categorization of hazardous wastes and the policies for their disposal between member countries. South Africa accedes to this convention and implements its provisions.

3.5
The Rotterdam Convention was held in September 1998 to promote shared responsibilities in relation to importation of hazardous chemicals. One of the key provisions is the Prior Informed Consent (PIC) procedure, which lists information on hazardous chemicals in Annex III. It became legally binding on its parties in 2004. The convention promotes open exchange of information and calls on exporters of hazardous chemicals to use proper labelling, include directions on safe handling, and inform purchasers of any known restrictions or bans. Parties can decide whether to allow or ban the importation of chemicals listed in the treaty, and exporting countries are obliged make sure that producers within their jurisdiction comply. From this convention a PIC circular is distributed every six months giving updated information on the listed chemicals, member compliance and sources of supporting information.

3.6
In 1995 the United Nations Environment Programme called for global action to be taken on persistent organic pollutants (POPs), which pose a threat to both health and the environment. As a result, the negotiations for the Stockholm Convention on POPs were initiated and culminated in May 2001, with the convention entered into force in May 2004. South Africa accedes to this convention, whereby member countries have agreed to phase out POPs, and prevent their import or export.

3.7
Following the Millennium Summit convened by the General Assembly of the United Nations, which adopted the Millennium Development Goals, a ten year review progress on the implementation of Agenda 21 was convened in Johannesburg in 2002. In September 2002 the Johannesburg Plan of Implementation, which affirmed the United Nation’s commitment to the full implementation of Agenda 21, was agreed to at the World Summit for Sustainable Development (WSSD). The Johannesburg Plan of Implementation sets out 37 targets for achieving sustainable development, which are inclusive of the Millennium Development Goals.

3.8
In fulfilment of the Johannesburg Plan of Implementation DEAT developed the National Framework for Sustainable Development which initiates a broad framework for sustainable development and provides a platform for the development of a national strategy to give effect to the targets set out at WSSD. The National Framework for Sustainable Development was published in 2008.

3.9
In February 2006 the first session of the International Convention on Chemicals Management took place in Dubai, where it adopted the Strategic Approach to International Chemicals Management. This approach aims to support the achievement of the goals set at the 2002 WSSD in Johannesburg. Currently South Africa, represented by DEAT, is preparing for the second session of the International Convention on Chemicals Management which will take place in Geneva in May 2009.

3.10
South Africa has acceded to conventions intended to prevent pollution of the seas. These not only cover the obvious issue of dumping waste at sea, but also prescribe measures to prevent waste on land contaminating the seas and waterways. This waste includes oil, solid waste, nuclear waste and debris from landfill sites.

3.11
Several obligations exist around measures to protect the ozone layer and mitigate climate change. One of the roles that waste management can play in achieving these obligations is the reduction and efficient management of gases released from waste at landfill sites.
 

4. Review of the 1999 NWMS and its implementation

4.1
The 1999 NWMS was the first integrated strategy for addressing South Africa’s waste management challenges, and gave effect to the suite of policies and legislation which preceded it, including the Constitution (1996), the Environmental Management Policy for South Africa (1998), the Draft White Paper on Integrated Pollution & Waste Management (1998), the National Water Act (1998) and NEMA (1998). The overall objective of the strategy was to reduce the generation of waste and reduce the impact of all forms of waste on economic development, health and the quality of environmental resources.
 

4.2
The 1999 NWMS sought to achieve three key goals:

1. Develop strategies for integrated waste management;
2. Develop action plans to implement the strategies; and
3. Build capacity within DEAT and DWAF to implement the action plans.

4.3
The 1999 NWMS was based on the waste hierarchy approach, and covers eight key elements which are: integrated waste management & planning, a waste information system, waste management & prevention, recycling, waste collection & transport, waste treatment, waste disposal, and implementing instruments.

4.4
The 1999 NWMS set out strategies up to the year 2010 in which national, provincial, and local government were assigned functions and responsibilities, and in which quantifiable plans, objectives and targets were set. Consisting of two main parts and several supporting annexures, the 1999 NWMS identified priority initiatives for the short, medium and long term. Each priority initiative was rated against the criteria identified in the Draft White Paper on Integrated Pollution & Waste Management. Part two of the 1999 NWMS provides detailed information on both the background of each priority initiative and the detailed planning for the achievement of these.
An overview of the main proposals and progress with their implementation is set out below, structured according to the thematic areas identified in terms of the 1999 NWMS priority initiatives.

5. The Waste Act

5.1
The National Environmental Management: Waste Act of 2008 was promulgated after an extensive consultation process around the Waste Bill. In an important sense, the Waste Act is a direct achievement of the 1999 NWMS, and represents the distillation of important lessons learned in its implementation. More directly, the provisions of the Act are in many respects the result of legislative priorities established by the 1999 NWMS.
 
5.2
Prompted in part by the fragmentation, duplication and lack of co-ordination in waste legislation, the White Paper on Integrated Pollution and Waste Management of 2000 initiated the review of waste legislation that culminated in the publishing of the draft National Environmental Management: Waste Bill on 12 January 2007.
 
5.3
The publishing of the draft Waste Bill marked the start of a 90-day period of public comment on the Waste Bill, to guide its finalisation. During this period, in addition to public meetings in each province, DEAT held workshops with the following stakeholder groupings:

• All relevant national government departments
• All provincial departments of environment
• South African Local Government Association (SALGA)
• Business Unity South Africa (BUSA) and Industry Associations
• Institute of Waste Management
• Non-governmental organizations.

In addition, a two-day conference was convened to involve local government in the finalisation of the Waste Bill. Representatives from over one hundred metropolitan, district and local municipalities participated in deliberations.

6. Framework for NWMS

6.1
The Waste Act establishes the NWMS as a statutory mechanism, which binds all organs of state in all spheres of government. An organ of state is obliged to give effect to the national strategy when exercising a power or performing a duty in terms of the Act or any other legislation regulating waste management. This clearly distinguishes the strategy from the 1999 NWMS, and the subsequent White Paper on Integrated Pollution and Waste Management, 2000. While these were solid policy documents, which spearheaded the new approach to integrated waste management, they lacked the regulatory “teeth” that will be invested in this new strategy.

6.2
The Waste Act obliges the Minister to publish the strategy within two years of coming into effect of the Act, and it specifies the contents of the strategy, which must include:

• strategies, objectives, plans, guidelines, systems and procedures relating to the protection of the environment and the generation (including the avoidance and minimisation of such generation), re-use, recycling, recovery, treatment, disposal, use, control and management of waste in order to achieve the objectives of the Act;
• mechanisms, systems and procedures for giving effect to the Republic’s obligations in terms of international agreements;
• national norms and standards for waste management, including planning, and national norms for service delivery;
• practical measures for achieving co-operative governance in waste management matters;
• guidance on raising awareness regarding the impacts of waste on health and the environment;
• approaches for securing compliance with the requirements of the Act; and
• targets for waste reduction.

6.3
The Minister may prescribe additional items to be included in the strategy that are considered necessary for achieving the objects of the Act.

6.4
The Act indicates that the strategy must be reviewed by the Minister at intervals of not more than five years. While the time period to be covered by the strategy is not specified, it is assumed that the bulk of the provisions of the strategy should relate to the five year period prior to the next review of the strategy.

6.5
Before publishing the national strategy, or any amendment to the strategy, the Minister is obliged to follow a consultative process, which provides for public participation, as well as consultation with relevant national Ministers and provinces. This will inform the consultative approach to be adopted in developing the strategy.

6.6
The revised NWMS will be focused on measures to avoid or minimise the generation of waste, and where waste cannot be avoided or reduced, measures to ensure that it is re-used, recycled or recovered, and only treated and safely disposed of as a last resort. The strategy will deal with general, commercial and industrial waste streams, including hazardous waste, healthcare risk waste and waste streams from agriculture (including pesticides), mining and power generation.

6.7
The strategy explicitly excludes consideration of nuclear waste, which is the subject of a separate policy exercise under DME. While pollution by waste products clearly is an important issue, the strategy does not deal with pollution per se, and therefore only deals with the related fields of environmental impact management and remediation where these relate to waste products. The strategy also excludes consideration of air quality management and waste water and industrial effluent management, which are the subjects of detailed policy and regulatory processes in their own right. The strategy does deal with water quality issues, but only to the extent that they are relevant to the location and management of waste disposal and landfill sites.

6.8
The strategy covers the five period from 2009/10 to 2014/15, but it may present a longer term vision and targets to be achieved beyond this period. The strategy provides the framework within which more detailed plans will be drawn up by national departments, provinces and municipalities. The strategy will therefore provide sufficient guidance without being prescriptive as to the content of these more detailed action plans.

6.9
The development of the NWMS is a dynamic process that will be regularly reviewed (e.g. every 5 years) to take account of progress made, changing needs and priorities, as well as the realities of practical implementation.
A provisional Chapter outline for the NWMS has been included at the end of this document as a basis for discussion on how best to structure the revised NWMS.

7. Approach to development of NWMS

7.1
The development of the NWMS will be structured around four phases and prepared in a consultative manner as envisaged in the Waste Act, Part 1 Section 6(6), whereby the Minister is obliged to follow a consultative process, which provides for public participation, as well as consultation with relevant national Ministers and provinces.

7.2
The following diagram presents the approach to the development of the NWMS in terms of the timeframes, key activities and milestones for each of the four phases:

7.3
The NWMS will depend for its effectiveness on the support and buy-in from a wide range of stakeholders, and the process of drafting the strategy needs to be based as far as possible on a consensual approach. At the same time, the Department recognises that stakeholders may become fatigued as a result of the past and planned multiple consultation exercises in relation to different aspects of waste policy and legislation.

7.4
The Department has thus sought to streamline stakeholder involvement and a consultation plan has been approved by the Department, the main features of which are:

• Stakeholder representation on a Project Steering Committee to oversee the development of the NWMS
• Stakeholder workshops on key themes and at critical moments in the process
• Structured meetings and interviews with stakeholders and interested and affected parties (IAPs)
• An online consultative process that:
  - Complements and reinforces face-to-face meetings with stakeholders and IAPs;
  - Provides for general public participation in the consultative process; and
  - Provides a database of stakeholders and IAPs.

8. Conclusion

8.1
The promulgation of the Waste Act is a milestone in the evolution of environmental policy and legislation and gives effect to the principles of the Constitution, NEMA and the White Paper on Integrated Pollution and Waste Management. Apart from providing a coherent regulatory framework for sound waste management practices, it presents a great opportunity to ensure that the country’s approach to waste management contributes to environmental wellness as well as support the country’s economic and social priorities. Waste management has an important role to play in mitigating climate change or “bending the curve” and the successful implementation of the waste minimisation hierarchy would be a part of a range of responses aimed at reducing the country’s greenhouse gas emissions. A transition to a low carbon “green” economy as anticipated in a coherent national response to climate change would see a proliferation of green jobs in the waste sector ranging from life-cycle engineering to informal waste recovery.

8.2
The 1999 NWMS has laid the foundations for a coherent waste management regime with the development of a comprehensive Waste Information System, an integrated waste management planning system with the development of draft regulations and guidelines, significant advances in approaches to waste minimisation and recycling, innovations in the sphere of waste collection, and improvements in the way in which different forms of waste are disposed of and the regulation thereof.

8.3
The greatest challenge to its successful implementation was the absence of a coherent regulatory framework, a factor that has now been addressed through the promulgation of the Act. The revision of the NWMS is needed to align it with the provisions of the Act as well as reflect changing needs and emerging priorities such as the process of greening the economy. This document has set the context and imperatives for that revision and represents the framework for guiding the development of the NWMS in an engaging and consultative manner.

9. References

All of the documents and legislation referenced here can be linked to or downloaded from the Library page.

9.1
Constitution of the Republic of South Africa, 1996, Chapter 2: Bill of Rights and Chapter 3: Co-operative Government.

9.2
Department of Environmental Affairs and Tourism, 2000. White Paper on Integrated Pollution and Waste Management for South Africa. A Policy on Pollution Prevention, Waste Minimisation, Impact Management and Remediation. Government Gazette Vol.417, No.20978, 17 March 2000. General Notice 227 of 2000.

9.3
Department of Environmental Affairs and Tourism, 2005. National Waste Management Strategy Implementation South Africa: Draft report on survey conducted in the Ekurhuleni Metropolitan Municipality (Northern Region) for the Minor Healthcare Risk Waste Generators Pilot Project, 30th June 2005.

9.4
Department of Environmental Affairs and Tourism, 2005. National Waste Management Strategy Implementation South Africa: Recycling Extended Producer Responsibility, Report number 12/9/6 Annexure F, 3 May 2005.

9.5
Department of Environmental Affairs and Tourism, 2005. National Waste Management Strategy Implementation South Africa: Review of Industrial Waste Exchange, Report number 12/9/6 Annexure G, 4 April 2005.

9.6
Department of Environmental Affairs and Tourism, 2006. National Waste Management Strategy Implementation South Africa: Zeerust (Ramotshere Moiloa) subdistrict status quo report, Lehurutshe/Zeerust hospital complex, 20th June 2005.

9.7
Department of Environmental Affairs and Tourism, 2006. National Waste Management Strategy Implementation South Africa: Economic instruments for recycling of waste in the Mbombela Pilot Project, 13 June 2006, DEAT report number 12/9/6.

9.8
Department of Environmental Affairs and Tourism, 2008. Strategic Plan for the Environmental Sector 2008-2013: Department of Environmental Affairs and Tourism.

9.9
Intergovernmental Relations Framework Act, 2005: Passed by parliament on 15 August 2005.

9.10
National Environmental Management Act 107 of 1998, Chapter 1:National Environmental Management Principles, Revised.

9.11
National Environment Management: Air Quality Act 39 of 2004: Passed by parliament on 19 February 2005.

9.12
National Environmental Management: Protected Areas Act, 2003: Passed by parliament on 18 February 2004.

9.13
A National Industrial Policy Framework: Department of Trade and Industry 03-August-2007.

9.14
National Waste Management Strategy, Version D, 15 October 1999: Department of Environmental Affairs and Tourism and Department of Water Affairs and Forestry.