Environment Conservation Act 73 of 1989

1. Environmental & Sustainability Studies (ESS) 122Lecture 4Waste ManagementProf TP van Reenen, Faculty of LawDr Rich Knight, Mr S Kasker

2. Environment Conservation Act 73 of 1989 • ECA inadequate to deal with every facet of environmental management • ECA only directly dealt with disposal sites and littering. • Separate Act required for comprehensive management. • Until recently control authority for waste disposal sites was the Min of Water Affairs & Forestry but now its the Min of Environmental Affairs and Tourism. The Department of Water Affairs & Forestry made guidelines for the classification of Waste as hazerdous and non as well as setting a maximum limit for amounts of waste to be processed per day.

3. National Environmental Management: Waste Act 59 of 2008 • Repealed ECA. • Working Paper on Integrated Pollution and Waste Management 2000 • Focused on the minimisation of waste. • Most of subject matter dealt with in new Act was not directly dealt with in the old Act. • Powers could broadly be interpreted to address specific subjects mentioned in the new Act.

4. Preamble • Sustainable Development! Requires the generation of waste to be avoided and where it cannot be avoided it be reduced, re-used, recycled or recovered and then only as a last resort treated and disposed of.

5. Objects of the Act • Protect health well-being and the environment by providing reasonable measures to: • The objects of (his Act are— • (a) to protect health, well-being and the environment by providing reasonable • measures for— • (i) minimising the consumption of natural resources; • (ii) avoiding and minimising the generation of waste; • (iii) reducing, re-using, recycling and recovering waste; • (iv) treating and safely disposing of waste as a last resort; • (v) preventing pollution and ecological degradation; • (vi) securing ecologically sustainable development while promoting justifiable • economic and social development; • (vii) promoting and ensuring the effective delivery of waste services; • (viii) remediating land where contamination presents, or may present, a • significant risk of harm to health or the environment: and • (ix) achieving integrated waste management reporting and planning; • (b) to ensure that people are aware of the impact of waste on their health, • well-being and the environment; • (c) to provide for compliance with the measures set out in paragraph (a)\ and • (d) generally, to give effect to section 24 of the Constitution in order to secure an • environment that is not harmful to health and well-being.

6. NEMWA • Broadly the Act deals with: • A National Waste Management Strategy, institutional and planning matters and waste management measures including licensing and technical aspects. • The Act requires the Minister to develop a Waste Management strategy within two years and must include the following:

7. NEMWA • (a) objectives, plans, guidelines, systems and procedures relating to the protection • of the environment and the generation (including the avoidance and • minimisation of such generation), re-use, recycling, recovery, treatment • disposal, use. control and management of waste in order to achieve the objects • of this Act; • (b) mechanisms, systems and procedures for giving effect to the Republic's • obligations in terms of relevant international agreements; • (c) practical measures for achieving co-operative governance in waste manage • environmental matters; • (cl) guidance on raising awareness regarding the impact of waste on health and the • environment; • (e) approaches for securing compliance with the requirements of this Act, • including the monitoring of compliance; and • (/) any other matter that the Minister considers necessary for achieving the • objects of this Act. • The national waste management strategy may include targets for waste reduction.

8. Minister in charge of setting norms and standards classification of waste; planning for and provision of waste management services; storage, treatment and disposal of wate • Purpose is to bring waste services to those who have previously not had access and generally improve services. • These standards are to be implemented by local government authorities

9. Municipalities • Municipalities also have powers to determine ‘waste service standards’ at s 9 • Must deliver services to achieve objectives and ensure access of services to all. • The Minister, MEC’s and Municipalities must work in harmony.

10. CH3 - Institutional and planning matters • Provides for appointment of Waste Management Officers at all levels to coordinate. • DEAT and provincial departments to develop integrated waste management plans. • Describing how objectives are to be met and what challenges are faced in specific areas as well as a situation analysis eg. Population size • Implementation of minimisation, re-use and recycling and give effect to ‘best environmental practice’.

11. CH4 – Waste Management Measures • The categories under this heading are: • Priority waste; Duty in waste management; Reduction, re-use, recycling; Listed waste management activities; storage collection and transport; treatment processing and disposal; industrial waste management plans; contaminated land and other measures.

12. Minister enabled to declare ‘priority waste’ and state how to deal with it, including stopping all import and manufacture of such products. • General duty in respect of waste management • 16. (1) A holder of waste must, within the holder's power, take all reasonable 15 • measures t o— • (a) avoid the generation of waste and where such generation cannot be avoided, • to minimise the toxicity and amounts of waste that are generated; • (b) reduce, re-use, recycle and recover waste; • (c) where waste must be disposed of, ensure that the waste is treated and disposed 20 • of in an environmentally sound manner; • (d) manage the waste in such a manner that it does not endanger health or the • environment or cause a nuisance through noise, odour or visual impacts; • (e) prevent any employee or any person under his or her supervision from • contravening this Act; and 25

13. (/) prevent the waste from being used for an unauthorised purpose. • (2) Any person who sells a product that may be used by the public and that is likely • to result in the generation of hazardous waste must take reasonable steps to inform the • public of the impact of that wasle on health and the environment. • (3) The measures contemplated in this section may include measures t o— 30 • (a) investigate, assess and evaluate the impact of the wasle in question on health • or the environment; • (b) cease, modify or control any act or process causing the pollution, environmental • degradation or harm to health; • (c) comply with any norm or standard or prescribed management practice; 35 • (d) eliminate any source of pollution or environmental degradation; and • (e) remedy the effects of the pollution or environmental degradation. • (4) The Minister or MEC may issue regulations to provide guidance on how to • discharge this duty or identify specilic requirements that must be given efleet to, after • following a consultative process in accordance with sections 72 and 73. 40 • (5) Subsection (4) need not be complied with if the regulation is amended in a

14. Any person who sells products to the public that might be a threat to health or the environment eg. Hazardous waste, must take reasonable steps to inform the public and Minister (of Environmental Affairs) on environmental impact. • Minister may classify products that require extended producers responsibility. • May also declare ‘listed activities’ which require a licence or compliance with notice.

15. Lists in terms of s19 published in 2009 • Category ‘A’ and ‘B’. • ‘A’ requires basic assessment process ito chap 5 NEMA and ‘B’ an EIA because these include hazardous wastes. • Persons who store waste must take reasonable measure to ensure no contamination. • If want to collect waste privately must register with municipality.

16. S 27 – if public access land must supply bins.

17. Conclusion • Comprehensive statute for waste long overdue. • Concerns: are provisions relating to contaminated land. • Municipalities responsible for implementation but are behind on service delivery in general. • Kidd suggests a less sophisticated Act focused on basics. • Implementation in diff ways; compulsory deposit refund system; subsidised recycling.

18. South Africa’s recycling stats are good, 58% of paper was recycled and 69% of steel. • These stats are comparable to developed countries. • Dumping is our main issue. Currently over 900 sites with half of those not being licenced. • Litter is also a big problem here.