1.4 International obligations

1.4(1)
The Waste Act section 6(1)(b), section 43(1)(b) and section 43(1)(d) specifies that the NWMS should give effect to South Africa’s international obligations in terms of waste management.

1.4(2)
The evolving system of international declarations, agreements and treaties has provided an important context for the evolution of South African environmental policy in general, and waste management policy in particular. The modern system of global environmental governance is to a large degree a consequence of the Rio Earth Summit 1992 and Agenda 21, which amongst others advocated four major waste-related programmes:

• Minimizing wastes.
• Maximizing environmentally sound waste reuse and recycling.
• Promoting environmentally sound waste disposal and treatment.
• Extending waste service coverage.

1.4(3)
The Summit set in motion a series of multilateral environmental agreements (MEAs) dealing with land-based sources of marine pollution, water quality, regional trans-boundary movement of hazardous waste, the management of toxic chemicals, and the trans-boundary movement of radioactive waste, amongst others.

1.4(4)
In relation to hazardous substances and waste, there are four principal conventions that apply:

• The Rotterdam Convention, acceded to by South Africa in 2002, sets out the procedure for Prior Informed Consent which promotes and enforces transparency in the importation of hazardous chemicals.
• The Basel Convention, acceded to by South Africa in 1994, addresses the need to control the transboundary movement of hazardous wastes and their disposal, setting out the categorization of hazardous waste and the policies between member countries.
• The Stockholm Convention on Persistent Organic Pollutants (POPs), which South Africa became a signatory to in 2001 and ratified in 2002, requires that member countries phase out POPs and prevent their import or export.
• The Montreal Protocol, to which South Africa became a signatory in 1990 and the amendments of which have been subsequently ratified, provides for the phase out of the production of certain substances in order to protect the ozone layer.

1.4(5)
The Basel Ban Amendment of 1995 has not as yet been ratified by South Africa. The ban protects developing countries and South Africa is currently considering how to address this amendment.

1.4(6)
There is a large body of relevant legislation which relates to each of these conventions, which is summarised in the following table:

1.4(7)
The Basel Convention is most directly relevant to the provisions of the Waste Act. Whilst there is no specific regulation in place to enforce it, the implementation of the convention is achieved primarily through the South African Revenue Service (SARS) and International Trade Administration Commission (ITAC) legislation and therefore additional legislation is not deemed necessary at present. Through measures to control the management and disposal of hazardous waste, the NWMS addresses the requirements of the Basel Convention in conjunction with other measures and outputs of the Waste Act, including hazardous waste related import and export policies, linked to tariff codes through SARS.
 
1.4(8)
SARS manages the assignment of tariff identity codes to various imports and exports. This tool is used to implement the various conventions. Unique tariff codes have been identified for the chemicals listed in the Montreal Protocol, and recently SARS identified tariff codes for the chemicals listed under the Rotterdam and Stockholm conventions. It is now possible to assign specific environmental controls or import restrictions to these chemicals. A similar process is underway for identifying codes for wastes listed in the Basel Convention. Identifying unique tariff codes for specific chemicals of concerns also enables imports and exports to be effectively monitored to ensure that they meet permitting requirements. SARS reports information annually to DEA on such measures in terms of a memorandum of understanding which is in place.
 
1.4(9)
A process of drafting an MOU between DEA and ITAC for control of imports and exports of MEA chemicals and wastes is underway. This will be facilitated by the allocation of tariff codes and use thereof, resulting in an integrated permitting process to manage the requirements of the three main MEAs.
 
1.4(10)
The Southern African Development Community (SADC) trade protocol contains provisions to lift financial and non-financial trade barriers between SADC members, which may pose a potential risk to the effectiveness of trade barriers for the import of hazardous waste. Article 9 of the protocol stipulates that existing trade barriers such as those relating to conservation of exhaustible natural resources and the environment, or trade barriers necessary to ensure compliance with existing obligations under international agreements, are not nullified.
 
1.4(11)
In relation to marine pollution, South Africa has acceded to a number of conventions which address dumping at sea and prescribe measures to prevent waste on land contaminating the seas and waterways. These wastes include oil, solid waste, nuclear waste and debris from landfill sites.

1.4(12)
Perhaps the most pertinent of these conventions is the London Protocol of 1996 (amended in 2006), which prohibits the dumping of certain hazardous wastes and provides for a permitting system for a number of identified materials and wastes. The oversight of this protocol and about fifty other maritime international conventions and agreements is undertaken by the International Maritime Organisation (IMO).

1.4(13)
Despite all the international maritime obligations, the quantities of waste deposited at sea do not appear to be diminishing. Possible reasons for this include low incidences of offenders being caught and brought to justice, combined with the disincentive for using port waste reception facilities (PWF) due to the additional charges for such facilities.
 
1.4(14)
The Montreal Protocol Treaty, revised in 1999, protects the ozone layer by phasing out the production of several substances which contribute to ozone depletion, with the aim of ozone layer recovery by 2050. This has some relevance for waste management in instances where such obsolete products enter the waste stream.

1.4(15)
Several obligations exist around measures to mitigate climate change. One of the roles that waste management can play in achieving these obligations is the reduction and efficient management of greenhouse gases released from waste at landfill sites.

1.4(16)
The South African government is required to put measures in place to give effect to the provisions of the MEAs to which the country has acceded. Section 5.5 will explore in more detail the mechanisms that are already operational or that will be established in relation to the waste related conventions.