4.1 Introduction

This section deals with the mechanisms necessary to implement the NWMS, and sets out the roles, responsibilities, coordination and review mechanisms that will give effect to the approach and instruments set out in sections 2 and 3.

The Department of Environmental Affairs and its provincial counterparts are responsible for the overall implementation of the Waste Act. However the implementation of the NWMS requires coordinated action by many players, including households, businesses, community organisations, NGOs, parastatals and the three spheres of government. Partnerships between these actors will lay the basis for waste awareness campaigns, recycling initiatives, and compliance monitoring, amongst others.

4.2 The role of the private sector

Industry is expected to proactively take responsibility for the waste generated throughout the life cycle of a product. Mechanisms to do so include industry waste management plans and extended producer responsibility programmes. Industry must institute cleaner technology practices to help minimise waste and have accessible take-back facilities for particular products or waste streams. To improve the quality of information on waste, industry must collect information on the waste that it generates and supply this information to the Waste Information System. Where required, industry must apply for licences and comply with licence conditions. Private sector representative bodies must ensure that their members understand, implement and comply with the provisions of the Act.

Private service providers play key roles in all stages of waste management, including in waste service delivery and recycling. An expansion of waste services to un-serviced communities will require municipalities to explore alternative service delivery mechanisms, including public private partnerships. The private sector is encouraged to actively engage in making universal service provision a reality and growing the green economy. The private sector should also respond creatively to new technologies in the fields of waste processing and treatment, and establish capacity in these areas as technologies become commercially viable.

4.3 The role of civil society

Consumers and households play an important role in the generation of waste from the products they consume. As end users they need to reduce, re-use and recycle waste wherever feasible, and dispose of this waste responsibly. They should be aware of the environmental impact of the products that they buy, and pass on a sense of environmental responsibility to families and colleagues.

NGOs, non-profit organisations, community based organisations, cooperatives and trade unions play important roles in all phases of the waste management hierarchy, including in recycling initiatives, delivery of waste management services, compliance monitoring, and education and advocacy.

Civil society formations are encouraged to participate in the development and implementation of the NWMS and Waste Act's provisions.

4.4 The role of government

Informed by the Constitutional assignment of powers and functions to the different spheres of government, the Waste Act assigns clear responsibilities for waste management activities to each sphere. Some of these responsibilities require partnerships between government, communities and the private sector.

Local government must provide waste management services, which include waste removal, storage and disposal services, as per Schedule 5B of the Constitution. Municipalities must work with industry and other stakeholders to extend recycling at municipal level. Municipalities must provide additional bins for separation at-source, and are responsible for diverting organic waste from landfill and composting it. Municipalities must facilitate local solutions such as Material Recovery Facilities and buy-back centres, rather than provide the entire recycling infrastructure themselves.

Municipalities must designate a waste management officer from their administration to coordinate waste management matters. They must also submit an IWMP plan to the MEC for approval. The IWMP must be integrated to the municipal integrated development plans (IDPs), and the municipal annual performance report must include information on the implementation of the IWMP. Municipalities must also register transporters of waste above certain thresholds on a list of waste transporters.

At their discretion, municipalities may set local waste service standards for waste separation, compacting, management and disposal of solid waste, amongst others. Local standards must be aligned with any provincial and national standards where these exist.

Provincial government is the primary regulatory authority for waste activities, except for activities for which the Minister is the authority. It must promote and ensure the implementation of the NWMS and national norms and standards. Similar to local government, it must designate a provincial waste management officer responsible for coordinating waste management matters in the province. It must also prepare a Provincial IWMP and an annual performance report on its implementation, both of which must be submitted to the Minister for approval. Provinces have a number of discretionary powers, some of which may only be exercised in consultation with the Minister. These powers include setting provincial norms and standards, declaring a priority waste, listing of waste management activities, registering waste transporters, requesting the preparation of industry waste management plans, identifying contaminated land and establishing a provincial waste information system. To provide a nationally harmonised regulatory environment for waste management, the provinces will only exercise these discretionary powers where clear and compelling reasons exist, after consultation with DEA.

National government, and in particular DEA, is ultimately responsible for ensuring that the Waste Act is implemented and that the various provisions are harnessed in the most appropriate and effective way. The Waste Act specifies various mandatory and discretionary provisions that DEA must address.

In terms of mandatory provisions, DEA is responsible for:

• Establishing the National Waste Management Strategy.
• Setting national norms and standards.
• Establishing and maintaining a National Contaminated Land Register.
• Establishing and maintaining a National Waste Information System.
• Preparing and implementing a National Integrated Waste Management Plan.

As discussed earlier, the Minister is the licensing authority for hazardous waste, activities performed by a provincial environmental authority or statutory body other than municipalities, or an activity that takes place in more than one authority or that traverses international boundaries. The Minister is responsible for international obligations relating to waste.

The Minister must designate a waste management officer from the DEA's administration to co-ordinate waste management matters.

DEA has numerous discretionary responsibilities that it may invoke. These include developing national norms and standards for waste minimisation, re-use, recycling, recovery and tariffs. DEA can declare priority wastes; identify products for extended producer responsibility programmes, list waste management activities, request industry waste management plans, register transporters of waste and initiate investigations of land that may be contaminated.

Other national departments play important regulatory and supportive roles in implementing the Waste Act, and waste management more broadly. The following table summarises the main national departments and their areas of responsibility:

Table 5: Roles of government departments

Department	Area of responsibility	Description
Department of Cooperative Governance	Waste services planning, delivery and infrastructure	Support municipalities to prepare IWMPs and integrate with IDPs. Make MIG funds accessible for development and upgrading of municipal landfill sites.
Department of Trade and Industry	Industry regulation and norms and standards	Manage the overall system of industry regulation. Apply Consumer Protection Act. Develop norms and standards using the Technical Infrastructure. Support the development of markets for recycled materials. Support the establishment of SMEs for waste collection services and recycling.
National Treasury	Fiscal regulation and funding mechanisms	Oversee financial integrity of intergovernmental transfers to provincial and local government. Manage the overall system of taxation and implement tax measures that support the goals and objectives of the NWMS. Determine budget allocations for waste management functions at national level.
Department of International Relations	International agreements	Give effect to Multilateral Environmental Agreements.
South African Revenue Services	Import and export control	Ensure waste management measures are aligned with the product codes in the Schedules to the Customs and Excise Acts.
Department of Water Affairs	Water quality and licensing	Collaborate with DEA in issuing integrated waste disposal licences.
Department of Mineral Resources	Waste management in the mining sector	Regulate waste management in the mining sector that falls outside the ambit of the Waste Act (including residue deposits and stockpiles), and remediate land that mining activities have contaminated.
Department of Health	Health care risk waste	Address health care risk waste and advise DEA and provincial departments on the appropriate standards and measures for the sector.
Department of Defence	Contaminated land	Remediate land contaminated by explosives waste.

4.5 Co-operative governance

The Constitution requires the spheres of government and organs of state to exercise their powers and functions in a mutually supportive and cooperative manner. The existing intergovernmental systems for coordinating environmental management provide the basis for cooperative governance in relation to waste management. These structures are:

• 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 gives technical input to MINMEC. 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 NEMA. The object of the Committee is to integrate environmental functions of the relevant organs of state, and to coordinate the environmental implementation plans and environmental management plans of departments and provinces. This is the appropriate forum to align the activities of DEA with other government departments, and to integrate the national IWMP into departments' strategic plans. The Waste Act specifies areas that require co-operative governance: waste management licensing, integrated waste management plans, waste minimisation, regulations and compliance and enforcement.

A waste management licence may only be issued with the required approvals from other organs of state that are legally mandated to consent to that activity⁵³. Furthermore, the Act provides for integrated licensing by means of an integrated environmental authorisation as contemplated in NEMA section 24L. Integrated licences are required for waste management activities that also affect air or water quality. DEA, DWA and MECs will collaborate to issue integrated licences.

IWMPs will mainstream waste management in local government. The MEC for local government and the MEC for environment will support and monitor the development and implementation of integrated waste management plans. DEA will consult with the Department of Co-operative Governance to develop guidelines for these plans.

In terms of industry regulation and economic measures, a number of issues raised in the NWMS require coordination between the DEA and the Departments of Trade and Industry and the National Treasury. 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 that promote reduction, re-use, recycling or recovery of waste, as well as their economic impact.

In land remediation, coordination is particularly important because this is a concurrent mandate. An existing Government Task Team comprising the Departments of Mineral Resources, Environmental Affairs and Water Affairs focuses on mine closures and addresses remediation after 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.

MINTEC Working Group 4 deals with compliance and enforcement, and it will clarify clarifying the roles and responsibilities of EMIs at national, provincial and local levels. EMIs coordinate their activities closely with the South African Police Services (SAPS), who play a crucial role in enforcing environmental legislation. In terms of NEMA, all police officers also have the powers of an EMI. EMIs cannot prosecute cases in court, so the results of their investigations are handed over to staff at the National Prosecuting Authority (NPA) to prosecute. The Department of Environmental Affairs and the NPA will collaborate to ensure the successful prosecution of environmental crimes.

 

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53. Section 44 of the Waste Act.

4.6 Waste Management Officers

The Waste Act creates a specialised official, a Waste Management Officer, to coordinate waste management at each level of government. This addresses the historical fragmentation of waste management functions within government by ensuring that a dedicated authority in each sphere of government is responsible for implementing the policy and regulations of the Waste Act. The DEA has produced guidelines for the designation of WMOs, setting out their role, powers, profile and rank. The duties and responsibilities that the Waste Act and the NWMS assign to each sphere of government determine the roles and powers of their WMOs.

WMOs perform a regulatory function and should be located in functional divisions separate from service-delivery functions where possible. This is particularly important for overseeing adherence to national norms and standards, which is fundamental to achieving the objectives of the Waste Act.

The Act assigns specific regulatory powers to the National WMO and Provincial WMO's. They may request that holders of waste management licences appoint waste management control officers⁵⁴, and they may require waste impact reports when waste management licences are being reviewed⁵⁵.

The responsibilities of the national, provincial and local Waste Management Officers are in Table 6.

Table 6: Responsibilities of National, Provincial and Local WMOs

National Waste Management Officer	Provincial Waste Management Officer	Local Waste Management Officers
Chairperson of the National Waste Forum.	Chairperson of Provincial Waste Forum
Advises the Minister about the declaration of priority waste, EPRs, and mandatory Industry Waste Management Plans.	Advises the MEC.
Sorting out co-operative governance issues.	Sorting out co-operative governance issues.
Address overlapping mandates, particularly at national and provincial level.
Manage stakeholders in Waste Act implementation.	Manage stakeholders in Waste Act implementation.	Manage stakeholders in Waste Act implementation.
Liaise with national EMI compliance monitoring activities.	Liaise with provincial EMI compliance monitoring activities.	Liaise with EMI compliance monitoring activities in the municipality.
National IWMP: align planning and reporting cycles.	Provincial IWMP: align planning and reporting cycles	Municipal IWMP: planning and reporting cycles.
Build capacity in relation to Waste Act implementation.	Build capacity in relation to Waste Act implementation	Build capacity in relation to Waste Act implementation.
Formulate and oversee Waste Act implementation plan.		Monitor adherence to norms and standards in the delivery of waste services.

As part of their regulatory functions, the WMOs support the EMIs who enforce the provisions of the Waste Act. This requires a close working relationship between WMOs and EMIs. The WMOs will assist the Environmental Management Inspectorate to identify priorities for monitoring activities that present a significant threat to health and the environment. WMOs and EMIs will also work together to prepare Waste Impact reports⁵⁶. Under certain circumstances, both the EMI and WMOs can request a waste impact report, which will be done in consultation and co-operation with each other.

DEA will establish dedicated mechanisms to co-ordinate the efforts of WMOs (see Figure 5). Waste forums will be created at district, provincial and national level.

Figure 5: Coordination mechanisms for WMOs

To effectively co-ordinate regulatory and policy-making roles in relation to waste management, the chairperson of the National Waste Forum will report to Working Group II.

 

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54. Section 58(1) of the Waste Act.
55. Section 66(2).
56. Provided for in terms of Section 66 of the Waste Act.

4.7 Capacity building

Implementing the Act requires additional capacity in the three spheres of government. This includes adequate human resources as well as appropriate skills and training. The table below identifies the main capacity challenges in government that need to be addressed.

Table 7: New capacity required to implement the Waste Act

Sphere of Government	Functional Area	Requirements
All	Integrated waste management plans	Staff who can draw up plans for waste service provision
All	Monitoring and enforcement	800 additional EMIs, two thirds of them at local government level. Specialised training in the Waste Act for these EMIs
National	Norms and standards	Dedicated unit with technical experts, including process and chemical engineers and legal drafters.
National	Remediating contaminated land	New division that can administer the system.
National	Industrial waste management issues	Staff who understands industry waste management. Working relations with industry
National	Information management	Dedicated staff to collect, analyse and disseminate all waste and waste management information.
National and provincial	Licensing	Staff to interpret EIAs. Standards for EAPs.
Municipal	Planning	Staff who can plan for the appropriate levels of service, extension of services, and landfills.
Municipal	Delivering waste services	Staff that can manage internal waste service delivery or manage contracts with private service providers.
Municipal	Waste separation and recycling	Staff who can plan and establish such facilities.
Municipal	Financial management	Staff who can 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 subsidies for the indigent.
Municipal	Financial planning	Staff who can plan capital expenditure based on infrastructure modelling
Municipal	Communications	Staff who can effectively communicate with communities about proper waste management practices.

The capacity challenge at local government level is particularly acute. A nationally coordinated capacity building programme for local government will aim to address the above challenges. DEA, the provinces and SALGA will jointly develop the programme. It will align with the overall strategic framework for local government capacity building that DCOG coordinates. The programme will include 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 implemented in 2012.

4.8 Waste Information System

In terms of Section 60 of the Waste Act the Minister has established a national waste information system for recording, collecting, managing and analysing waste data. The South African Waste Information System (SAWIS) addresses the lack of reliable data on the waste sector.

SAWIS will provide information to inform Integrated Waste Management Plans and Industry Waste Management Plans, and to evaluate their implementation. The information in SAWIS must inform public health and safety management, and help to assess the impact of waste on health and the environment. It must also provide information on waste to educators and researchers to raise public awareness.

Access for the public and industry to information stored on SAWIS is a statutory requirement of the Waste Act. However, safeguards will be put in place to ensure that companies have access to their own information only and that aggregated information is available for industrial sectors. Proprietary company information will not be exposed to third parties.

DEA will publish National Waste Information Regulations which will make reporting to SAWIS obligatory, and which will provide the volumetric or mass thresholds at which SAWIS registration and reporting is required. The volumetric or mass thresholds avoid the need for reporting by small scale recyclers. The regulations will stipulate sanctions for noncompliance.

Section 60(3) of the Waste Act provides for an incremental implementation of SAWIS57.

DEA will undertake a baseline study of the current quantities of waste which are generated, reduced, re-used, recycled, recovered, stored, transported, treated and disposed of for each of the waste types set out in the National Waste Information Regulations. This will inform the further development of SAWIS, and create a baseline for interpreting SAWIS information.

Provinces may optionally create their own waste information systems58. Provincial waste information systems should include all the information that the national system requires. Some provincial WIS systems already exist and dual reporting requirements are undesirable. To avoid multiple reporting, the Minister may exempt entities reporting to a provincial system from requirements to report to the national system once mechanisms exist to replicate information from the provincial system to the national system.

SAWIS will be implemented within the new technology framework for information systems described in Section 3.4.2. Horizontal integration of SAWIS with other waste regulation and information systems is required for licensing procedures (currently captured on NEAS). A new framework that integrates business procedures using a single underlying data base will enable this horizontal integration. The current implementation of SAWIS will move to the new framework.

An integrated procedure for licensing and registration on SAWIS is desirable, but does not exempt licencees from separately registering with SAWIS. Facilities that fail to meet licensing requirements or are granted exemptions from licensing requirements will still be required to register with SAWIS. A standard categorisation system exists for waste information submitted to SAWIS and it will align with the WCMS and reporting requirements stipulated in licences.

 

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57. For instance, generators of hazardous waste are currently not required to submit waste data. Instead, waste managers submit this data on their behalf.
58. Section 62 of the Waste Act.

4.9 Monitoring and evaluation

The NWMS aligns with the Government-wide Monitoring and Evaluation System (GWM&E)⁵⁹ outputs. Section 2, Table 4 of the strategy establishes national targets and indicators for monitoring and reporting on the NWMS. DEA will collate and review information on each of these indicators at least once a year.

The national targets and indicators for monitoring and reporting on the NWMS will be translated into specific targets and indicators for each provincial and municipal IWMP⁶⁰.

Effective monitoring requires annual performance reports on the implementation of the national, provincial and municipal IWMPs. These performance reports must include:

• The extent to which the plan has been implemented during the period.
• Waste management initiatives undertaken during the reporting period.
• Delivery of waste management services.
• Level of compliance with the IWMP and applicable waste management standards.
• Measures to secure compliance with waste management standards.
• For Provinces, the extent to which municipalities comply with the plan and reasons for any non-compliance.

The Waste Act⁶¹ specifies further requirements for the reports and the Minister may prescribe more.

Provinces submit their annual performance report to the MEC and the Minister for approval. Municipalities submit their reports in accordance with section 46 of the Municipal Systems Act. The first report will provide a baseline and each year's performance will become the following year's baseline.

Local municipalities submit their IWMP annual performance report to the district municipality, who then submits their IWMP annual performance report to the province. Provincial IWMP annual performance reports are then submitted to the national department who produce a national IWMP annual performance report. Deadlines and approval requirements in the Waste Act for annual performance reports are listed in Error! Reference source not found.8: Reporting requirements for IWMP annual performance reports

	National Department	Provincial Department	Municipality
Deadline for receipt of annual performance report	No later than 31 May each year		No later than 31 August each year
Report required	Annual performance report on implementation of IWMPs		Annual performance report to include progress reports on IWMPs
Approval required	Minister	MEC and Minister	Respective councils; copy to MEC; Minister DEA and DCOG

 

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59. The Presidency: Department of Performance Monitoring and Evaluation (2010) Measurable Performance and Accountable Delivery, Outputs and Measures, Outcomes draft, 10 May 2010.
60. See goal 5 in Section 2 for more details about IWMPs.
61. Section 13 (2).

4.10 Mechanisms to give effect to international obligations

Various international agreements to which South Africa has acceded relate to waste management. A number of non-binding conventions and protocols are also relevant to waste management. This section summarises the main actions in the NWMS related to implementing international agreements.