5.1.1 Vertical Division of Responsibilities

Local government is responsible for the provision of waste management services, which includes waste removal, waste storage and waste disposal services, as per Schedule 5b of the Constitution. Municipalities are obliged to designate a waste management officer from their administration to co-ordinate matters pertaining to waste management. They must also submit an integrated waste management (IWMP) plan to the MEC for approval. The IWMP needs to be integrated into municipal integrated development plans (IDP), and the municipal annual performance report must include information on the implementation of the IWMP. At their discretion, municipalities may set local waste service standards for waste separation, compacting of waste, management and disposal of solid waste, amongst others. Local standards must be aligned with any provincial and national norms and standards where these exist. Municipalities may also require transporters of waste to register on a listing of waste transporters.

 

Provincial government is obliged to promote and ensure the implementation of the NWMS and national norms and standards. Similarly to local government, it must designate a provincial waste management officer responsible for co-ordinating matters pertaining to waste management in the province. It must also prepare an IWMP and prepare an annual performance report on its implementation, both of which must be submitted to the Minister for approval. The provincial government is also deemed the primary licensing authority for waste activities, including all activities for which the Minister is not deemed the licensing authority. Provinces have a number of discretionary powers, some of which may only be exercised in consultation with the Minister. These powers include the setting of provincial norms and standards; declaring a priority waste; listing waste management activities deemed detrimental for the province’s environment; registering waste transporters; requesting the preparation of an industry waste management plans; identification of contaminated land; and establishing a provincial waste information system.

 

National government and in particular the 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 ways. The Waste Act specifies various mandatory and discretionary provisions that DEA is required to address. In terms of mandatory provisions, the DEA is responsible for establishing the national waste management strategy and setting national norms and standards, which must be implemented by all spheres of government. As is with provincial and local government, the Minister must designate a waste management officer from the DEA administration to co-ordinate matters pertaining to waste management. DEA must prepare an integrated waste management plan, similar to its provincial and local counterparts, and submit an annual performance report to the Minister on its implementation. It must establish and maintain a national contaminated land register as well as a national waste information system. Finally, the Minister is the licensing authority in respect to hazardous waste, international obligations, activities performed by a provincial environmental authority or statutory body other than a municipality, or an activity that takes place in more than one authority or transverses international boundaries.

 

DEA has numerous discretionary responsibilities that it may invoke if required. These include national norms and standards for waste minimisation, re-use, recycling and waste recovery and tariffs for waste standards, amongst others. The declaration of priority waste is a discretionary element as is the identification of products for the application of extended producer responsibility. The DEA may also publish a list of waste management activities that it considers detrimental for the environment, and request the preparation of industry waste management plans. As with its provincial and local counterparts, it may require the registration of transporters of waste. Lastly, the DEA may identify land that may be contaminated for investigation.

 

The above summary provides an overview of the main responsibilities directly required and provided for in the Waste Act. It is evident that the allocated roles and responsibilities need to be seen as elements within an integrated system, with a cascading of roles according to the level at which they are most logically performed. The NWMS will set out a framework for aligning and integrating the responsibilities of the different spheres of government, and addressing potential overlapping areas.