Appendix 1: Sectoral legislation relevant to the Waste Act
Submitted by admin on Mon, 2010-03-29 02:54
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Act, 1989 and Amendment Act, 1992 | Historic legislation regulating permits for waste disposal sites, most sections repealed by Waste Act.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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