1.1 Preface

The minister's statement.

1.2 Background

Outline of the process leading up to the formulation of the NWMS, particularly the legislative framework and precedents, including:

• Constitution of the Republic of South Africa, particularly Section 24;
• Consultative National Environmental Policy Process, 1995;
• White Paper on National Environmental Management; 1997
• National Environmental Waste Management Act, 1998;
• National Waste Management Strategy, October 1999
• White Paper on Integrated Pollution and Waste Management for South Africa, 2000;
• National Environmental Management: Protected Areas Act of 2003;
• The National Environmental Management: Air Quality Management Act of 2004;
• National Environmental Management: Biodiversity Act of 2004;
• The First and Second Amendments to NEMA;
• National Environmental Management Act: Waste Act, 2007.

1.3 Approach and methodology

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:

• is relevant to the overall priorities of government;
• follows an integrated approach to managing the whole lifecycle of waste;
• adopts a flexible approach to the use of appropriate regulatory instruments;
• is mainstreamed within the intergovernmental systems,;
• builds a consensual approach amongst stakeholders; and
• is ultimately actionable through a set of realistic targets and steps.

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:

• Stakeholder representation on a steering committee to oversee the development of the NWMS;
• Stakeholder workshops; and
• 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.

1.4 Objectives

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):

• preserving natural resources by minimizing their consumption and preventing pollution;
• waste minimization, which includes recycling, re-using, and recovering waste;
• treatment and safe disposal of waste as a last resort;
• effective delivery of waste services;
• remediation of contaminated land;
• integrated waste management reporting and planning;
• promoting public awareness of the impact of waste;
• achieving compliance with waste legislation and policy.

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 inclusion of specific targets for waste reduction in the NWMS;
• differentiation between different geographical areas in the NWMS;
• classification and categorization of waste;
• a phased approach to implementation.

1.5 Principles

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:

• Avoiding or minimising the disturbance to eco-systems and loss of bio-diversity;
• Waste is to be avoided, reduced, re-used and recycled in the first place, and in the second place, as required, disposed of in a responsible manner;
• Responsible and equitable use of non-renewable natural resources;
• Protection of the integrity of renewable natural resources;
• Application of the pre-cautionary principle i.e. the limits of current knowledge are considered as a conservative influence on decision-making.

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”.