A provisional chapter outline for the NWMS is included as Annexure 1 in the Draft Framework for the NWMS. It is a provisional document and is not intended to provide an comprehensive description of the content of the NWMS, but rather is rather intended to serve as a basis for discussion of the structure and content of the NWMS.
Part 1 is concerned with establishing the principles and objectives of the NWMS and defining its scope in terms of the Waste Act and supporting legislation
The minister's statement.
Outline of the process leading up to the formulation of the NWMS, particularly the legislative framework and precedents, including:
This section contains a description of the approach and methodology employed in drawing up the NWMS.
The approach that has been adopted is designed to ensure that the strategy:
The effectiveness of the NWMS depends on the support and buy-in from a wide range of stakeholders, and the process of drafting the strategy is based on a consensual approach. This section should include a description of the streamlined consultation plan, the main features of which are:
An online consultative process that:
The requirement for a new national waste management strategy is specified in Chapter 2 Part 1 of the National Environmental Management: Waste Bill (the Waste Act).
The NWMS must achieve the objects of the Act, which are (in summary):
The Act does not apply to radioactive waste, residue deposits, disposal of explosives and animal carcasses, which are already handled by specific legislation.
The Waste Act requires that the NWMS give effect to the Republic’s obligations in terms of international agreements.
The NWMS should identify the responsibilities of the different spheres of government and organs of state in terms of implementation of the Waste Act.
The Waste Act envisages:
The Waste Act is intended to complement NEMA, and its interpretation and application in the NWMS should be guided by the principles for integrated environmental management described in NEMA. These include the requirement for development to be socially, environmentally and economically sustainable.
Sustainability includes the following principles:
NEMA prescribes an integrated approach to environmental management that recognises the relationships between different elements of the environment and people in the environment.
NEMA stipulates that principles of environmental justice should be observed in relation to the distribution of adverse environmental impacts and equitable access to environmental resources, benefits and services.
Many of the principles underpinning NEMA speak very directly to the requirement for a NWMS. For instance, the principle of costs of remedying pollution and consequent impacts on human health being borne by the polluter is explicit in NEMA.
Furthermore, the concept of extended producer responsibility is implicit in the statement of principle in NEMA that:
“Responsibility for the environmental health and safety consequences of a policy, programme, project, product, process, service or activity exists throughout its life cycle”.
Part 2 is concerned with establishing a baseline analysis of waste management and identifying the key challenges in this area.
The strategy will summarise current trends, challenges and issues in relation to the five main categories of waste:
Key challenges and issues will be addressed in relation to:
A national waste balance will document the flow and quantities of waste from production through to transport, treatment and disposal. The national waste balance will model the extent to which waste is re-used and recycled within each of these streams, and enable assessment of the potential for further waste reduction, re-use and recycling. The model will be based on existing waste information systems and strategy, as well as inputs obtained from industry, including the recycling industry, and cross-referenced with other data sources such as disposal sites. Estimates of illegal dumping and disposal will also be extrapolated from existing data sources including census data and the recent nationwide assessment of the status of landfills.
The NWMS will summarise the main macro-economic trends in the waste sector, as well as the achievement of poverty and job creation targets. The macro-economic implications of different scenarios for targets and minimum standards will be examined in terms of job creation, SME development, GDP and poverty eradication.
This part will set out the main strategies and plans to address 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.
The strategy will address pertinent issues relating to the functioning of the waste information system, established as part of the NWMS Implementation Project including the provision of and access to information, measures to promote reporting, and recommendations regarding the information management and database governance requirements for such a system.
The NWMS will apply to all branches and organs of state when they perform a waste management activity, and therefore the NWMS represents a cross-cutting program.
The Act stipulates for integrated waste management plans to be established for all spheres of government: National, Provincial, and Municipal. Furthermore, one of the implications of integration is that they must be aligned with municipal Integrated Development Plans.
Furthermore, the NWMS needs to be aligned with other integrated strategies, such as those for managing hazardous waste, air pollution, and management of the water resource. This is to prevent duplication of functions and activities, and maximize the efficiency with which the state’s resources are used.
The NWMS establishes the hierarchy of waste management by requiring waste avoidance and reduction to be considered as the preferred option in terms of planning requirements.
An opportunity exists to build upon the existing recycling and extended producer responsibility initiatives, such as the taxation on plastic bags. The Act does provide the Minister with regulatory powers in this respect, but strategies based on negotiation in terms of industry waste management plans and fiscal incentives are likely to yield results.
Public awareness of, and participation in, re-use and recycling schemes will form an important part of re-use and recycling strategies.
Life-cycle measures such as recycling have significance in terms of economic growth and job creation. These will form important criteria in developing and assessing re-use and recycling measures, which in many instances involve treatment and processing measures.
All waste disposal becomes a regulated activity in terms of the Act. The practical implications, particularly in relation to provision of receptacles for litter disposal (and the resultant disposal of accumulated waste) in public areas by municipalities form an important norm and standard in respect of delivery of local waste services.
The NWMS will need to give effect to the regulatory functions assigned to the Minister for the remediation of contaminated lands in terms of the “polluter pays” principle. Furthermore, the requirement has been established for the inclusion of a contaminated lands registry in the national waste information management system.
Ultimately, for most citizens the NWMS will be judged by its success in terms of the delivery of waste services at the local level. In respect of strategies and targets, people receiving little or no waste services need to be prioritized. Provision is made for recovery of the costs of waste services by licensed service providers, but this is subservient to the constitutional requirement for the preservation of a healthy environment.
In this part the main implementation themes are developed.
The strategy will make recommendations regarding the use of targets as an instrument for waste reduction, and any national standards that should be set with respect to waste treatment and disposal, the provision of waste management services, waste avoidance, waste minimisation, recovery, re-use and recycling.
The strategy will examine the Constitutional and legal framework that governs waste management, and measures to promote co-operative governance. This will include consideration of the waste planning system, including the contents of integrated waste management plans, reporting on implementation, and the linkage with monitoring and performance assessment around the achievement of the targets. The strategy will propose practical measures for achieving co-operative governance in waste management matters.
The strategy will look at the institutional arrangements for implementing the strategy, and will map out the roles and responsibilities of different government agencies and stakeholders, including the systems for appointing and coordinating waste management officers at national, provincial and local level. It will describe how the institutional arrangements and waste management measures specified in the Act will be applied in the NWMS, including national, provincial, municipal and industrial waste management plans and the Waste Information Management System.
The strategy will consider the existing intergovernmental fiscal systems and budgets for waste, and the scope for new intergovernmental fiscal interventions around waste management.
The strategy will focus particular attention on solid waste management and the role of local government, including recommendations regarding national standards in respect of tariffs for waste services provided by municipalities, any limitations that should be placed on the use of income generated by the recovery of charges, and tariffs to be used to provide for waste management infrastructure or facilities.
The strategy will develop the concept of producer responsibility, and propose ways to give effect to the principle of duty of care, and to engender a sense of responsibility within the industry for a lifecycle “cradle to cradle” approach to waste. Waste management as a key element of corporate social responsibility needs to be addressed. The strategy should explore the extent to which voluntary initiatives can be encouraged and supported in order to encourage companies to go beyond a mere compliance exercise, and it should establish recognition programmes within the industry. It should also look at the approach to industry waste management plans, including the content of plans, the instances in which plans can be prepared by organs of state, the specification of measures to be taken in plans, and provisions for review of plans.
Public awareness and communication are a crucial aspect of the implementation of the strategy, and specific recommendations will be developed regarding measures to build public awareness of waste issues and promote consumer responsibility. The strategy will provide guidance on raising awareness regarding the impacts of waste on health and the environment.
The strategy will investigate and make recommendations regarding the fiscal and market based economic measures that can be implemented in order to promote the achievement of waste management objectives. This will include specific recommendations regarding levies and taxes on waste, compulsory deposit systems, and incentives to industry for cleaner production.
This section will provide an overview of mechanisms, systems and procedures for giving effect to the Republic’s obligations in terms of international agreements.
This aspect of the strategy will focus on the regulatory and compliance aspects of strategy, and the most appropriate approach to be adopted with respect to the main regulatory aspects of the Waste Act.
The strategy will explore the range of Waste Management Measures that can be implemented in terms of the legislation, including the listing and regulation of waste management activities, and measures to address littering by the public.
It will develop recommendations regarding priority wastes, including their identification, and requirements for the management of priority wastes as defined by stakeholders and government.
The strategy will address the licensing of waste management activities, including the identification of the licensing authority, the procedure for waste management licence applications, and the issuing of waste management licences.
The most appropriate compliance and enforcement measures will be addressed, including waste impact reports, and recommendations regarding offences and penalties.
The strategy will also need to deal with the identification and notification of contaminated land for investigation in terms of the Waste Act, including the legal consequences of notification, the process of compiling and considering site assessment reports, the consequent issuing of orders to remediate contaminated land, and the establishment of a contaminated land register.
This section of the strategy will develop a costed action plan for the implementation of the strategy with respect to DEAT’s roles and responsibilities and an assessment of the human resource capacity requirements for the achievement of the action plan.