OVERVIEW OF PRESENTATION

1. DEAT Responses To Comments Submitted On The National Environmental Management : Waste BillPresentation to Portfolio Committee03 March 2008

2. OVERVIEW OF PRESENTATION • Introduction • Underlying approach to DEAT’s responses • Definitions • Nuclear and Mining Waste • What DEAT supports • What DEAT does not support • DEAT’s request in relation to IWMP’s • Conclusion

3. 1. INTRODUCTION • Input received from the public hearing was good, warranting some amendments. • Some comments were repeats from the last round of comments. • Some comments have already been provided for in the current version of the Bill

4. 2. UNDERLYING APPROACH TO DEAT RESPONSES • The Bill is Framework Legislation and therefore does not deal with detail that can be effectively dealt with in regulations e.g manner in which incentives for waste minimisation are applied, inclusion of e-waste & medical waste, appeal procedures etc. • National and International trends in environmental legislation have been embraced in the Bill e.g inclusion of general duty of care. • Environment is a concurrent competence therefore national legislation must not limit provinces’ powers to pass legislation. • Discourage over-regulation • All people must ensure that their activities do not adversely impact on environment.

5. 2. UNDERLYING APPROACH TO DEAT RESPONES • Bill provides for different types of regulatory approaches e.g • Licensing may be good for certain activities but declaration of priority waste might be better for certain waste streams. • Complement rather than duplicate existing legislation. • Incorporate successes of other legislation e.g appointment of independent persons to manage applications has been successfully adopted to implementation of EIA Regulations • Recognise that we cannot entirely eliminate waste. • Avoid overburdening any sphere of government e.g identification of investigation areas may be done by province or DEAT, not municipalities. • Incremental Implementation of Norms & Standards

6. 2. UNDERLYING APPROACH TO DEAT RESPONES • Provide for discretion to allow incremental or phased implementation of concepts or approaches that are new to SA law e.g contaminated land regime. • Existing Industry Waste Management plans (MOU’s) and Integrated Waste Management Plans must be aligned to the Bill. • Provide for variations in capacity to implement e.g provision of waste services by municipalities.

7. 3.1 DEFINITIONS TO BE AMENDED

8. 3.2 DEFINITIONS THAT REMAIN THE SAME

9. 3.3. ADDITIONAL TERMS REQUESTED

10. 3.4. SPECIFIC REQUEST FOR EXCLUSION

11. 4. RADIOACTIVE AND MINING WASTE

12. 5. WHAT DEAT SUPPORTS

13. 6. WHAT DEAT DOES NOT SUPPORT

14. 6. WHAT DEAT DOES NOT SUPPORT

15. 7. DEAT’S REQUEST IN RELATION TO IWMP’S SECTION 11(4) • Section 11(4) currently requires municipalities to include Integrated Waste Management Plans in IDP’s contemplated by Municipal Systems Act • As a result the provincial MEC’s for environment do not have powers to approve the IWMP’s. • DEAT and Provinces agree that the environment MEC’s should have powers to approve IWMP’s. • DEAT proposes an amendment to the Bill to allow for submission of municipal IWMP’s to environment MEC for approval, then to MEC for Local Government as part of IDP.

16. Thank You