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Part 5 – Regulation, Compliance and Enforcement

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Submitted by admin on Mon, 2009-04-13 18:59

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.

Comments

Local Government Compliance and Enforcement

Submitted by watershed on Tue, 2009-04-28 17:21.

As the New Waste Act only makes provision for criminal intervention in the case of non-compliance, this will create problems with ensuring compliance by local government, within the constrains of the Constitutional requirement of cooperative governance. This implies that the current problems with ensuring compliance by local authorities under the provisions of cooperative governance will continue.

To prevent these problems, the NWMS hence need to address this deficiency by including differentiating mechanisms for compliance and enforcement, for example using the mechanisms contained in the ICZMA (Coastal Zone Act), and including mechanisms such as public display of levels of compliance for municipal waste sites.