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Waste Management Legislation in South Africa: Guidelines for Municipalities

This reference provides key legislative contexts and obligations for waste management in South Africa. It outlines the duties of municipalities, emphasizing compliance with national norms, waste hierarchy, and integrated planning.

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Waste Management Legislation in South Africa: Guidelines for Municipalities

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  1. SACN REFERENCE GROUP07 AUGUST 2013 1 1

  2. 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.

  3. 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.

  4. 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;

  5. National Waste Management Strategy, 2012

  6. National Waste Management Strategy, 2012

  7. National Waste Management Strategy, 2012

  8. Access to Waste Services

  9. National Waste Management Strategy, 2012

  10. National Waste Management Strategy, 2012

  11. National Waste Management Strategy, 2012

  12. National Waste Management Strategy, 2012

  13. National Waste Management Strategy, 2012

  14. National Waste Management Strategy, 2012

  15. National Waste Management Strategy, 2012

  16. Designations of Waste Management Officers

  17. 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.

  18. THANK YOU! Malcolm Mogotsi Director : Municipal Waste Support Tel: 012 – 310 3155/083 319 2212 E-mail: mmogotsi@environment.gov.za

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