Appendix 1: Sectoral legislation relevant to the Waste Act

The relevant sectoral legislation impacting on the Waste Act is summarised below.

No. and
year of
law
Title of Legislaton Relevance to NWMS Administering Department
Act No. 7 of 2002 Animal Health Act Regulates disposal of animal carcasses, which is excluded from Waste Act. Department of Agriculture, Forestry and Fisheries
Act No. 108 of 1996 Constitution of South Africa Establishes rights based approach to environmental law, regulates division of legislative and executive powers between spheres of government. All departments and institutions
Act No. 68 of 2008 Consumer Protection Act Overlapping provisions with Waste Act, regulates disclosure, labelling, compulsory take back schemes. Department of Trade and Industry
Act No. 73 of 1989 Environment Conservation Act, 1989 and Amendment Act, 1992 Historic legislation regulating permits for waste disposal sites, most sections repealed by Waste Act. Department of Environmental Affairs
Act No. 15 of 2003 Explosives Act Regulates disposal of explosives, which is excluded from Waste Act. South African Police Service
Act No. 15 of 1973 Hazardous Substances Impacts on disposal of nuclear waste, which is excluded from Waste Act. Department of Health
Act No. 61 of 2003 Health Act Regulates environmental health inspections, and allows Minister regulate medical waste and health nuisances Department of Health
Act No. 27 of 1998 Local Government: Municipal Demarcation Act Regulates demarcation of municipal boundaries, which affect service delivery districts. Department of Cooperative Governance and Traditional Affairs
Act No. 32 of 2000 Local Government: Municipal Systems Act Establishes main planning, performance management, service delivery, monitoring and reporting systems for local government, including waste services. Department of Cooperative Governance and Traditional Affairs
Act No. 28 of 2002 Minerals and Petroleum Resources Development Act Regulates mining residue deposits and stockpiles. Department of Mineral Resources
Act. No. 56 of 2003 Municipal Finance Management Act Regulates financial management, budgeting, accounting and reporting by municipalities. National Treasury
Act No. 117, 1998 Municipal Structures Act Establishes municipalities and provides for functions and powers of different categories of municipalities. Department of Cooperative Governance and Traditional Affairs
Act No. 107 of 1998 National Environmental Management Act and Regulation No. R. 385, No. R. 386, and No. R. 387. Framework environmental legislation. Regulation deals with environmental impact assessments. Department of Environmental Affairs
Act No. 39 of 2004 National Environmental Management: Air Quality Act Provides for national norms and standards regulating air quality, monitoring of air quality and specific air quality measures Department of Environmental Affairs
Act No. 53 of 2008 National Radioactive Waste Disposal Institute Act Establishes the National Radioactive Waste Disposal Institute to manage radioactive waste disposal on a national basis. Department of Energy
Act No. 47 of 1999 National Nuclear Regulator Act Establishes National Nuclear Regulator in order to regulate nuclear activities and safety standards Department of Energy
Act No. 36 of 1998 National Water Act Protection, management and control of water resources, includes municipal obligation to prevent contamination from inadequate waste management Department of Water Affairs
Act No. 46 of 1999 Nuclear Energy Act Regulates disposal of radioactive waste and storage of irradiated nuclear fuel. Department of Energy
Act No. 85 of 1993 Occupational Health and Safety Act Protects health and safety of workers, including against hazards to health and safety. Department of Labour
Act No. 2 of 2000 Promotion of Access to Information Act Environmental Information (including the NWMS) must be treated in accordance with this Act Department of Justice
Act No. 6 of 2009 Second-Hand Goods Act Regulates the business of dealers in second-hand goods and pawnbrokers, in order to combat trade in stolen goods and promotes ethical standards in the second-hand goods trade South African Police Department of Police

 

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