5.6.1
An important feature of the Waste Act is that it provides specific waste management measures that can be incorporated into the NWMS. These measures grant regulatory powers to the Minister, to be exercised within the context of co-operative government principles established in the Constitution and relevant legislation.
5.6.2
The NWMS will provide the context for the implementation of the waste measures provided in the Waste Act. In addition to regulatory controls, the NWMS needs to encompass both negotiated and voluntary applications of waste management measures.
5.6.3
The Waste Act explicitly provides for the negotiated application of waste management measures in the form of industrial waste management plans. Currently, domestic and commercial recycling takes place almost entirely on a voluntary basis. The success of recycling initiatives in terms of waste minimizations is dependent on public awareness, ease of access to recycling services and facilities, and the presence or absence of incentives.
5.6.1.1
Waste that poses a particular threat to human health and the integrity of the environment can be declared a priority waste by the Minister. The 1999 NWMS uses the DWAF second edition classification, and a new edition is in the process of being developed.
5.6.1.2
Declaration of a waste as priority waste indicates that specific waste management measures are required for that waste in terms of reduction, recycling, re-use, and recovery. These measures may include a requirement for companies or persons generating a priority waste to submit an industry waste management plan that must be approved by the Minister.
5.6.1.3
Categorisation of a priority waste restricts economic activities that might generate such a waste, so declaration of priority wastes needs to involve consultation with the Department of Trade and Industry.
5.6.2.1
The general duties in respect of waste management that apply by default to all holders of waste reflect the hierarchy of priorities in terms of waste management:
5.6.2.2
In general, the provisions of the NWMS should as far as is practical and wherever possible reflect this hierarchy.
5.6.2.3
Specific general duties apply to manufactures and/or retailers of products that may generate hazardous waste in relation to informing the public of the impact on health and the environment.
5.6.3.1
Reduction, re-use and recycling is only a viable option when it uses less natural resources and is less harmful to the environment than disposal. The Waste Act grants the Minister the power to:
5.6.3.2
Extended Producer Responsibility is explicitly contemplated by the Waste Act as a mechanism for ensuring reduction, re-use, recycling, and recovery and the Minister is granted the powers to determine products to which Extended Producer Responsibility applies, and to specify the Extended Producer Responsibility measure that will apply.
5.6.4.1
The Waste Act provides for the Minister to publish a list of waste management activities that negatively affect health and/or the environment. Waste disposal techniques such as incineration are an example of this. Listed waste management activities may be entirely prescribed, or may require licensing.
5.6.4.2
Chapter 5 of the Act establishes a detailed regulatory framework for the administration of licensing requirements that will need to be incorporated into the NWMS.
5.6.5.1
The Waste Act specifies general principles for the storage and transport of waste to prevent pollution of the environment and harm to health. The measures in this section include specific requirements in relation to waste collection services that need to inform the NWMS:
5.6.6.1
This section of the Act clearly establishes all disposal of waste as a regulated activity, including littering. It makes owners of private property to which the public has access responsible for providing receptacles for litter, and for disposing of litter in an authorised manner.
5.6.7.1
The Waste Act provides for industry waste management plans at a national level for industries that cross provincial boundaries, as well as at a provincial level for industry specific to a particular province. The Act takes care to prevent unnecessary duplication by specifying that any requirement for a national plan supersedes and replaces provincial requirements.
5.6.8.1
This measure gives effect to the “polluter pays” principle. The Minister is required to identify and investigate land that is suspected of contamination. Once an investigation area has been declared the Minister may initiate a site assessment and direct the owner of the land, or the person responsible for the suspected contamination to conduct a site assessment to determine past, current, or future impact on the environment and health.
5.6.8.2
If a site assessment confirms land as contaminated, the Act grants the Minister the power to order remediation of the land, specify the time frame over which remediation must take place, identify who will be responsible for the remediation, and what measures must be taken. The Act obligates the Minister to maintain a contaminated land registry that includes investigation areas.
5.6.8.3
This registry of contaminated lands forms part of the Waste Information Management System described in Chapter 6 of the Act.
5.6.9.1
Waste management officers are given authority to establish programmes for public recognition of achievements in relation to waste management, including programmes that include a public awareness component.
5.6.9.2
For the NWMS to be effective, it needs to take root at a local level. Community-based organisations, consumer organisations, civic organisations, and non-governmental organisations have an important role to play in the local implementation of the NWMS.