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SACN REFERENCE GROUP 07 AUGUST 2013. 1. 1. LEGISLATIVE CONTEXT. Constitution
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LEGISLATIVE CONTEXT • Constitution • Section 24 (b) of the Constitution: All South Africans have a Constitutional right to an environment that is not harmful to their health or well-being, and to have the environment protected, for the benefit of present and future generations • Part B of Schedule 5 of the Constitution of the Republic of South Africa allocates the responsibilities of providing waste management services to local government.
LEGISLATIVE CONTEXT • Waste Act • Section (3) states that all organs of states must follow the Waste hierarchy in fulfilling the waste management obligations i.e. reduce, re-use, recycle, treat and then disposal • Section (9) (2) States that Municipalities when providing waste services must • Comply with all National and Provincial norms and standards • Integrate the waste management plans (IWMP) with the integrated development plans (IDP); • ensuring access to all communities • Be affordable • sustainable • keeping separate financial statements, including a balance sheet of the services provided.
LEGISLATIVE CONTEXT • Waste Act – Section 10 • Section 10 (3) Each municipality must designate in writing a Waste Management Officer (WMO) from its administration to be responsible for co-ordinating matters pertaining to waste management in that municipality and in accordance to the National Waste Management Strategy (NWMS). • Section (5) (a) Each municipality must submit its integrated waste management plan (IWMP) to the MEC for approval and include the IWMP in the IDP as a sector plan for waste management • Municipal Systems Act • Section 26 (d) The IDP must be aligned with national or provincial sectoral plans and planning requirements binding on the municipality in terms of legislation;
CONCLUSION Municipalities are encouraged to: • License the unlicensed waste disposal site • Designate WMO • Use IWMP’s as a tool for waste planning • Use the tools developed by the DEA (e.g. Tariff model, IWMP portal, Model by-law) • Contact DEA for further assistance or recommendations on further interventions.
THANK YOU! Malcolm Mogotsi Director : Municipal Waste Support Tel: 012 – 310 3155/083 319 2212 E-mail: mmogotsi@environment.gov.za