Submission on National
1 June 2012
Scope of presentation
• Regulatory framework
• Streamlining of licensing regime
• Suite of instruments
• Overall approach
Partnership and Co-Regulation
• Important role of industry
• Industry waste management plans
• Co-regulatory approaches must be
within a framework
• Clear framework for the regulatory model should be
• Processes of developing regulations should be based on
• Regulations cannot be seen as a foundation of a co-
regulatory system that relies on voluntary compliance.
• Resolution of duplicate listing of activities like
wastewater treatment which fall under the jurisdiction of
the National Water Act has still not been addressed.
• Industry waste management plans are not voluntary
instruments; they become mandatory once gazetted.
• Need for accurate information on waste
flows is supported.
• National regulations on waste reporting
• Some provincial regulations exist
• 2009 GHG inventory for the waste sector
suffers from the lack of sound data
• Potential use of economic instruments should not await resolution of
under pricing of waste management services
• Incentives for improved waste management is part of the green
economy and recently launched by the dti
• Further instruments should be developed in terms of existing
legislation like the Income Tax Act or the incentive schemes
managed by the dti.
• Any additional tax burden has to be considered within the context of
the overall tax burden and the reluctance of Treasury to earmark any
taxes. Before introducing additional taxes along the lines of the
plastic bag levy, the success of such a tax should be reviewed.
• Establishment of a steering committee to “guide” the
process of declaring a priority waste.
– Public consultation process on exercise of any power in the Act
– Consultation with any affected persons.
• The process set out goes no further than the Act and
provides no insight into the Government’s thinking in this
• Criteria for decision on priority waste as set out in the Act
should be applied
Extended Producer Responsibility
• EPR may only be required after consultation with the Minister of
Trade and Industry and then only where it can be demonstrated that
such measures are required to give effect to the objectives of the
• Need to consult with affected producers, which is specifically
required in terms of the Act is also not reflected.
• Identification of the product followed by specific management
• Radioactive materials are not controlled under the Waste Act.
• Need for guidelines not clear; characteristics of the programme to
be defined by the Minister.
• No provision for voluntary EPR programmes
• Lost opportunity to clarify
• Needs to be reviewed to align
• Complexity of Act not recognised