5.8.5 Specific areas for co-operative governance

5.8.5.1    Waste management licensing
5.8.5.1(1)
Section 44 of the Waste Act requires that a waste management license may only be issued with the required approvals from other organs of state that are legally mandated to consent to that activity. Furthermore, the Act makes provision for integrated licensing by means of, an integrated environmental authorization as contemplated in NEMA section 24L.

5.8.5.1(2)
When issuing a waste management license, DEA submits the license to the Department of Water Affairs (DWA) for a Record of Decision.  DWA may request a water use license as per the provisions of the National Water Act. In the interests of integrated licensing, DWA in consultation with DEA may determine waste management activities for which a Record of Decision will suffice i.e. no separate water use license is required.

5.8.5.1(3)
In the event that a contravention of a waste management license has resulted in the contamination of the water resource, the Minister may issue a remediation order or measures to monitor and manage the risk in terms of the National Water Act. This power must be exercised in consultation with the relevant MEC.

5.8.5.1(4)
To achieve integrated licenses incorporating air quality, waste and water use licensing, licensing requirements must be harmonized through intra-departmental co-ordination with respect to air quality and waste management, and interdepartmental co-ordination with the Department of Water Affairs. Integrated licenses will reduce the administrative burden associated with licensing requirements.

5.8.5.2    Integrated Waste Management Plans
5.8.5.2(1)
The inclusion of IWMPs in Integrated Developed Plans (IDPs) is required to ensure the mainstreaming of waste management in local government. A co-operative relationship is envisaged between the MEC for local government and the MEC for environment to ensure that municipalities are supported and monitored in the development and implementation of integrated waste management plans. In developing guidelines for these plans, DEA will consult with the Department of Co-operative Governance and Traditional Affairs.

5.8.5.3    Declaration of priority waste
5.8.5.3(1)
Where the declaration of a priority waste is likely to have a significant impact on the national economy, the Minister of Trade and Industry and the Minister of Finance must be consulted.

5.8.5.4    Waste minimization and Extended Producer Responsibility
5.8.5.4(1)
There is a co-operative relationship envisaged by the Act between DEA and the dti with respect to waste minimization activities and extended producer responsibility as provided by sections 17 and 18. In terms of section 17, the Minister of Environmental Affairs must consult with the Minister of Trade and Industry before requiring the reduction, re-use, recycling and recovery of products or requiring the inclusion of a determined percentage of recycled material in a product. The same consultation is required for the declaration of measures to achieve EPR as contemplated in section 18.

5.8.5.5    Land remediation
5.8.5.5(1)
With respect to land remediation, the Minister or the MEC may only act in terms of the various provisions of the Act, having consulted with any other organ of state concerned, and in the case of the MEC having consulted with the Minister.
5.8.5.6    Regulations
5.8.5.6(1)
The Act provides for the development of a regulations regarding various aspects of the Act, which need to be developed in consultation with the relevant Ministers – these Ministers include variously the Ministers of Trade and Industry, Finance, Co-operative Governance and Traditional Affairs and Water Affairs.