Submission on National Waste Management

Strategy

Portfolio Committee1 June 2012

Scope of presentationScope of presentation• Regulatory frameworkRegulatory framework• Streamlining of licensing regimeStreamlining of licensing regime• Suite of instrumentsSuite of instruments• Overall approach Overall approach

Partnership and Co-RegulationPartnership and Co-Regulation

• Important role of industry Important role of industry associations associations

•   Industry waste management plansIndustry waste management plans• Co-regulatory approaches must be Co-regulatory approaches must be

within a framework within a framework

Regulatory ModelRegulatory Model• Clear framework for the regulatory model should be Clear framework for the regulatory model should be

developeddeveloped• Processes of developing regulations should be based on Processes of developing regulations should be based on

this frameworkthis framework• Regulations cannot be seen as a foundation of a co-Regulations cannot be seen as a foundation of a co-

regulatory system that relies on voluntary compliance.regulatory system that relies on voluntary compliance.• Resolution of duplicate listing of activities like wastewater Resolution of duplicate listing of activities like wastewater

treatment which fall under the jurisdiction of the National treatment which fall under the jurisdiction of the National Water Act has still not been addressed.Water Act has still not been addressed.

• Industry waste management plans are not voluntary Industry waste management plans are not voluntary instruments; they become mandatory once gazetted. instruments; they become mandatory once gazetted.

Waste information• Need for accurate information on waste Need for accurate information on waste

flows is supported. flows is supported. • National regulations on waste reporting National regulations on waste reporting

awaitedawaited• Some provincial regulations existSome provincial regulations exist• 2009 GHG inventory for the waste sector 2009 GHG inventory for the waste sector

suffers from the lack of sound data suffers from the lack of sound data

Economic instruments• Potential use of economic instruments should not await resolution of Potential use of economic instruments should not await resolution of

under pricing of waste management servicesunder pricing of waste management services• Incentives for improved waste management is part of the green Incentives for improved waste management is part of the green

economy and recently launched by economy and recently launched by the dtithe dti• Further instruments should be developed in terms of existing Further instruments should be developed in terms of existing

legislation like the Income Tax Act or the incentive schemes legislation like the Income Tax Act or the incentive schemes managed bymanaged by the dti. the dti.

•   Any additional tax burden has to be considered within the context of Any additional tax burden has to be considered within the context of the overall tax burden and the reluctance of Treasury to earmark the overall tax burden and the reluctance of Treasury to earmark any taxes. Before introducing additional taxes along the lines of the any taxes. Before introducing additional taxes along the lines of the plastic bag levy, the success of such a tax should be reviewed.plastic bag levy, the success of such a tax should be reviewed.

Priority wastes• Establishment of a steering committee to “guide” the Establishment of a steering committee to “guide” the

process of declaring a priority waste. process of declaring a priority waste. – Public consultation process on exercise of any power in the Act Public consultation process on exercise of any power in the Act – Consultation with any affected persons.  Consultation with any affected persons.  

• The process set out goes no further than the Act and The process set out goes no further than the Act and provides no insight into the Government’s thinking in this provides no insight into the Government’s thinking in this regard.regard.

• Criteria for decision on priority waste as set out in the Act Criteria for decision on priority waste as set out in the Act should be appliedshould be applied

Extended Producer Responsibility• EPR may only be required after consultation with the Minister of EPR may only be required after consultation with the Minister of

Trade and Industry and then only where it can be demonstrated that Trade and Industry and then only where it can be demonstrated that such measures are required to give effect to the objectives of the such measures are required to give effect to the objectives of the Act.Act.

• Need to consult with affected producers, which is specifically Need to consult with affected producers, which is specifically required in terms of the Act is also not reflected.required in terms of the Act is also not reflected.

• Identification of the product followed by specific management Identification of the product followed by specific management requirementsrequirements

• Radioactive materials are not controlled under the Waste Act.Radioactive materials are not controlled under the Waste Act.• Need for guidelines not clear; characteristics of the programme to Need for guidelines not clear; characteristics of the programme to

be defined by the Minister. be defined by the Minister. •   No provision for voluntary EPR programmes No provision for voluntary EPR programmes

  

Conclusions• Lost opportunity to clarify Lost opportunity to clarify

government thinkinggovernment thinking• Needs to be reviewed to align Needs to be reviewed to align

with Actwith Act• Complexity of Act not recognisedComplexity of Act not recognised