5.1.2 Vertical division of responsibilities

5.1.2(1)
Informed by the Constitutional assignment of powers and functions to the different spheres of government, the Waste Act assigns clear responsibilities to each sphere of government in relation to waste management activities.

5.1.2(2)
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.

5.1.2(3)
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. In particular, where municipal by-laws on waste disposal exist, these must be aligned with Chapter 4 Part 6 of the Waste Act as described in Section 3.9 of the strategy. Municipalities may also require transporters of waste to register on a list of waste transporters.

5.1.2(4)
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 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.
• Registering waste transporters.
• Requesting the preparation of industry waste management plans.
• Identification of contaminated land.
• Establishing a provincial waste information system.

5.1.2(5)
To provide a nationally harmonised regulatory environment for waste management, the provinces should only exercise these discretionary powers where clear and compelling reasons exist to do so, and should do so in consultation with DEA.

5.1.2(6)
National government and in particular 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 way. The Waste Act specifies various mandatory and discretionary provisions that DEA is required to address.

5.1.2(7)
In terms of mandatory provisions, DEA is responsible for:

• Establishing the National Waste Management Strategy.
• Setting national norms and standards.
• Establishing and maintaining a National Contaminated Land Register.
• Establishing and maintaining a National Waste Information System.
• Preparing and implementing a National Integrated Waste Management Plan.

5.1.2(8)
The Minister is the licensing authority with 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. The Minister must designate a waste management officer from the DEA administration to co-ordinate matters pertaining to waste management.

5.1.2(9)
DEA has numerous discretionary responsibilities that it may invoke if required. These include:

• Developing national norms and standards for waste minimisation, re-use, recycling and waste recovery.
• Setting standards for waste tariffs.
• Declaring priority wastes.
• Identifying products for the application of extended producer responsibility.
• The listing of waste management activities.
• Requesting the preparation of industry waste management plans.
• Registration of transporters of waste.
• Identifying land that may be contaminated for investigation.

5.1.2(10)
The above summaries provide an overview of the main responsibilities directly 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.