4.6 Special Measures

The Waste Act provides for specific regulatory measures to be taken with respect to wastes that are declared to be “priority wastes”. Considerations that need to be taken into account when identifying a priority waste include the nature and extent of risks to health and the environment, relevant international obligations, and the economic impact of the measures.

Potential consequences of a waste being declared a priority waste include the requirement for compilation of industry waste management plans for the waste, and regulatory controls on the minimization, handling, treatment, and disposal of the waste. Industry representatives have voiced a clear preference for self regulation, indicating that the threat of regulation would be sufficient to encourage the development of industry waste management plans in most cases.

However the declaration of priority wastes can also be used to positively reinforce measures identified in Industry Waste Management Plans, particularly where they concern waste with economic significance and job creation potential.

The Waste Act provides for the registration of private sector transporters of waste with Waste Management Officers at either a national, provincial, or local level. Some municipalities already have registration and licensing systems. Appropriate threshold requirements, particularly with respect to the transport of recyclables will need to be developed.

Section 17 of the Waste Act stipulates that reduction, re-use, recovery and recycling of waste should consume less natural resources than the standard disposal of such waste. It is not clear how many existing operations will actually comply with this provision, and the consequences of implementing this part of the Waste Act need to be carefully assessed. A regulatory impact assessment and options analysis is proposed to address some of the knowledge gaps and to identify feasible approaches to implement these provisions.

Additional measures contemplated in section 17 include mandatory recycling of particular products or components, or the requirement for products to contain a specified percentage of recyclates. The NWMS should set out criteria for the application of these provisions.

Section 17 requires the Minister for Water and Environmental Affairs to consult with the Minister for the DTI before declaring a priority waste. The establishment of an interdepartmental committee comprising DEA, DTI and the National Treasury has been proposed to consider priority waste legislation and regulations and to apply criteria for the utilisation of special measures.