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APPENDIX 2
Legislation applicable to the General Waste Collection Standards
Waste and waste collection is regulated through numerous Acts, Ordinances and by-laws, which are
administered by several departments at all levels of government. The following lists the key
regulatory documents and frameworks which have an impact on or are related to waste collection and
the General Waste Collection Standards.
The Constitution Act no. As stated in the Constitution Act No. 108 of 1996, Schedule 5, Part B, waste removal, waste
108 of 1996 dumps and solid waste disposal and cleansing are listed as functions, which have to be
undertaken by the local authority. In addition, the Constitution lists a number of functional
areas relating to integrated pollution and waste management which are a concurrent national
and provincial legislative competence. These include environment, health services and
pollution control. Exclusive provincial legislative competence as defined in the Constitution
includes the regulation of certain local government matters, including cleansing, waste
removal, waste dumps and solid waste disposal. Municipalities have legislative and executive
authority over the following matters relating to the management of waste control of public
nuisances, waste removal, waste dumps and solid waste disposal; and sanitation services
limited to domestic waste water and sewage disposal systems.
The Constitution’s allocation of powers determines which levels of government may have
authority over the management of waste and to what extent. In terms of the Constitution, it is
clear that whereas the province may effectively prescribe norms and standards, local
authorities should administer the legislation and, if necessary, supplement the legislation by
means of by-laws. On the other hand, provincial government can ensure consistency of the
implementation of a waste management system and that comprehensive minimum standards
are met by establishing the parameters within which local government must operate.
The Municipal Systems In addition to the NWMS, the Municipal Systems Act sets out functions that have to be
Act no. 32 of 2000 and exercised by the local authority, some of which are indicated below. These functions have a
Amendment Act no. 44 of direct bearing on waste management. A few selected functions which relate to service delivery
2003 and waste collection have been indicated below:
Developing policy, plans, strategies and programmes, including setting targets for service
delivery.
Promoting and undertaking development.
Administering and regulating its internal affairs and the local government affairs of the
local communities.
Implementing applicable national and provincial legislation and its by-laws.
Providing municipal services to the local community.
Monitoring the impact of effectiveness of any services, policies, programmes or plans.
Promoting a safe and healthy environment.
This Act is quite specific with regard to the constitutional system of co-operative governance
envisaged in section 41 of the Constitution, in that national and provincial spheres of
government should exercise their executive and legislative authority in a manner that does not
compromise nor impede a municipality's ability or right to exercise its executive and
legislative authority. In this the municipality must strive to ensure that municipal services are
provided to the community in a financially and environmentally sustainable manner and ensure
that all members of the local community have access to at least the minimum level of basic
municipal services. In addition, municipalities would need to determine appropriate tariffs for
poor households.
Section 73 states that the municipal service must be provided in a manner that is conducive to
the practical, economic and effective use of available resources and to the improvement of
standards of quality over time. This Act also allows the Minister to make regulations and issue
guidelines to regulate service provision and in so doing, consider the capacity of municipalities
to comply and differentiate between different kinds of municipalities. In addition, the Minister
may establish essential national standards and minimum standards for any municipal service
assigned to municipalities in terms of section 156 (1) of the Constitution, but only after
consulting with a number of listed stakeholders.
Section 78 of the Local Government: Municipal Systems Act, No. 32 of 2000 prescribes the
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process to be followed by a municipality to investigate internal and external service delivery
options. Section 77 of the Systems Act states that a municipality is obliged to do a section 78
study if it is to “significantly upgrade, extend and improve its current service”. In addition,
Section 77 of the Systems Act also triggers a Section 78 process if it is anticipated that a
Service Delivery Agreement (SDA) will expire or be terminated within the next 12 months.
The Environmental The Environmental Conservation Act, no. 73 of 1989, is currently the primary Act that deals
Conservation Act No. 73 specifically with waste management. However, this Act will be repealed, once the Waste
of 1989 Management Bill is promulgated. A number of sections in the Act have an influence on waste
collection. This includes:
The prohibition of littering where no person shall discard, dump or leave any litter on
land or water surface, street, road or site in or on any place to which the public has access,
except in a container or at a place which has been specially indicated, provided or set
apart for such purpose. The authority in control should provide the containers.
Any person or authority in control of any place to which the public has access shall,
within a reasonable time after any litter has been discarded, remove such litter or cause it
to be removed.
The Act enables the Competent Authority to draft Regulations for the control of the
dumping of litter.
Section 20 of the ECA refers specifically to disposal of waste:
- Section 20(1): No person shall establish or operate any (waste) disposal site without
a permit issued by the Minister of Water Affairs and Forestry.
- Section 20(5): Minister may issue directions with regard to the control &
management of disposal sites.
- Section 20(6): No person shall discard waste or dispose of it, except:
- at a disposal site for which a permit has been issued, or;
- in a manner or by means of a facility or method and subject to such
conditions as the Minister may prescribe.
National Environmental Although the actual management of waste and waste management service delivery is not
Management Act No. 107 referred to in this Act, Waste is included in the definition of pollution and so to the provision
of 1998 of services as follows:
“pollution” means any change in the environment caused by—
i. substances;
ii. radioactive or other waves; or
iii. noise, odours, dust or heat,
emitted from any activity, including the storage or treatment of waste or substances,
construction and the provision of services, whether engaged in by any person or an
organ of state, where that change has an adverse effect on human health or wellbeing
or on the composition, resilience and productivity of natural or managed ecosystems,
or on materials useful to people, or will have such an effect in the future.
The management of waste is again alluded to in the various principles listed in the Act.
Sustainable development where waste should be avoided, minimised, recycled, reduced and
otherwise disposed of in a responsible manner. Equitable access to environmental resources,
benefits and services to meet basic human needs and ensure human wellbeing must be pursued
and special measures may be taken to ensure access thereto by categories of persons
disadvantaged by unfair discrimination. The duty of care, although not indicated as a principle,
states that no one has the right to pollute and cause environmental and health degradation
which could have reference to poor waste management and service delivery.
The National Health Act The National Health Act indicates that the definition “Municipal health services” for the
61 of 2003 purpose of the act includes waste management. This act states in Chapter 5 Section 32 (1) that
every metropolitan and district municipality must ensure that appropriate municipal health
services are effectively and equitably provided in their respective areas. This act therefore
defines municipal responsibility regarding waste management service delivery.
Municipal Finance The MFMA has established strict rules for municipalities regarding budgeting and
Management Act, No. 56 expenditure. The implementation of standards and possible associated infrastructure,
2004 (MFMA) equipment, capacity, etc. will have to be provided for as part of the budgeting process.
Regulations (No. 309 of 2005) have been passed regarding municipal private public
partnerships and how these need to be handled. As these types of partnerships often occur
within waste management service delivery, cognisance would need to be taken of these
regulations, together with the Municipal Systems Act Section 78 process for mechanisms to
provide municipal services.
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National Road Traffic This Act regulates a number of issues related to the registration and licensing of motor
Act, No. 93 of 1996 vehicles, manufacturers, builders and importers, fitness of vehicles in that no person shall
operate a motor vehicle which is not in a roadworthy condition on a public road, as well as
operator fitness. All vehicles transporting waste and related equipment and containers, the
drivers and owners, will have to comply with the conditions of this act.
National Building This Act regulates how waste generated during building is stored (Part U – Refuse disposal)
Regulations and Building
U1. Provision of Storage Areas - Any building, excluding a dwelling house, in which refuse is
Standards Act 103 of
or will be generated shall be provided with an adequate storage area for refuse containers.
1977 (Regs.No: R 432, 8
March 1991): U2. Access to Storage Areas - The location of any area contemplated in regulation U1 shall be
such that access thereto from any street for the purpose of removing the refuse, is to the
satisfaction of the local authority.
Waste Management Act, The Act encompasses all aspects related to waste and waste management. It is the intention of
Act 59 of 2008 this Act to provide for national, provincial norms and standards and waste management service
standards for regulating the management of waste by all spheres of government. Part 2, section
7, 8 9 makes provision for the establishment of these norms and standards.
Waste Management By- Municipal by-laws are the regulatory tools by which the municipalities operate and by which
laws the private sector and public have to comply. The Waste Management by-laws of the various
municipalities in most cases make provision for the delivery for waste collection and cleaning
services and have set out specific requirements which have to be adhered to. These in
themselves would serve as “standards” as they are legislated requirements which are
prescriptive for services delivered and actions. However, most of the local municipal by-laws
(nationally), if available and implemented, are outdated. The by-laws, particularly from local
municipalities, generally do not give effect to recent legislative and policy objectives,
particularly in respect of the waste management hierarchy, “duty of care” and “cradle-to-
grave” responsibilities. The focus is on collection and disposal while issues such as waste
minimisation, waste separation, and public participation are not dealt with in any detail. The
by-laws are often aimed at the regulation of waste arising from formal housing areas and do
not deal with other situations such as informal settlements. Furthermore, by-laws do not state
what the minimum service in respect of waste removal will be. The management of waste
facilities and the handling of domestic waste, which contains toxic or hazardous materials, are
often not addressed. In many instances, no provision is made in respect of the Municipality’s
cleansing obligations. In addition, permitting/registration/licensing of the private sector for
waste collection and transportation have been included in by-laws recently promulgated by the
Metropolitan Municipalities. Not only do waste by-laws apply to waste related activities, but
some municipalities have by-laws related to hawkers, parks etc., which list regulations specific
to littering and usage of litter bins.
The Integrated Pollution The Integrated Pollution and Waste Management Policy for South Africa (IP&WM) defined
and Waste Management government’s new approach to the management of waste from end-of-pipe solutions to
Policy and the National pollution prevention. The waste management hierarchy has now become entrenched as the
Waste Management accepted model/ideal for waste management in South Africa. In addition, the IP&WM Policy
Strategy considers a holistic and integrated management approach extending over the entire waste cycle
from cradle to grave including the generation, storage, collection, transportation, treatment and
final disposal of waste. The National Waste Management Strategy process was undertaken to
ensure that the IP&WM policy is translated into practice. One of the central themes to the
development of the NWMS has been the need to extend waste collection, waste transportation,
waste treatment and disposal services to an acceptable level in all communities and provide
waste management services for the country as a whole.
The NWMS established a framework for the collection of waste in South Africa. It aimed to
clarify government policy and presented government’s approach to establishing waste
collection services in the country. In particular, its purpose was to clarify roles, to define
functions and to provide the basic framework within which waste collection regulatory
functions could be allocated to the three tiers of government.
Gauteng Provincial The Gauteng IWM Policy provides the foundation for meeting the objectives of the NEMA at
Waste Management provincial level and to provide for co-operative environmental governance by establishing
Policy (2006) decision-making principles on matters affecting the environment. The Gauteng IWM Policy
embraces all sectors of society of Gauteng and each objective is to be applied to all waste
generators, waste managers and waste service providers.
There are a number of objectives which have been formulated within the Policy and which
would directly or indirectly have an impact waste collection and stnadards. These are as
follows:
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Objective 1 – IWM Planning: This includes for planning of collection within the waste life-
cycle, incorporating waste minimisation.
Objective 2 – Roles and responsibilities: responsibility for waste service provision lies with
Local Government and the matter of enforcement of aspects such as the Polluter Pays Principle
will be undertaken primarily by Local Government and implemented through their IWMPs.
Objective 3- Waste information management: The provincial government promulgated Waste
Information Regulations in 2004 for the development of a Provincial WIS. This objective
highlights the need for accurate waste information by Service Providers. To ensure constant
terminology usage, it was decided through the Policy to embrace the National Waste
Classification System recognising that, in some cases, a waste stream may be considered as a
resource for recovery and reuse or recycling purposes and that the classification facilitates the
separation at source of different waste types.
Objective 4 - Institutional Development: Encourages the use of “Best Practice Models”. The
use of appropriate Best Value Performance Indicators (BVPIs) for non-municipal waste
service provision will be developed to monitor the performance of industries with respect to
IWM. The setting of waste minimisation targets has been allowed for.
Objective 5 – Capacity building: Considers the creation of jobs for the unemployed and
provision of opportunities for small, medium and micro enterprises (SMMEs) in waste
management service provision (collection and recovery). Education programmes and
awareness campaigns to be developed encourage amongst other, waste recovery at source,
reuse and recycling and littering. Public participation in Provincial Government decision-
making processes is ensured in the Policy.
Objective 6 – Alignment with national legislation: Recognition of the need to implement
relevant law reform initiatives, and encourages enforcement of legislation dealing with the safe
management of waste, as well as the adoption of appropriate waste management standards and
performance indicators with respect to all aspects of IWM to improve waste management
service delivery. Utilising incentives has been accepted.
Objective 10 – Waste recovery and recycling: The Policy confirms the need for laws for the
recovery, reuse and recycling of all waste as well as guidance for and encouragement of the
recovery, reuse and recycling of all waste. This can take place through source-separation or co-
mingled collection programmes, manual or mechanical separation, or waste exchange, to
provide recovery and recycling of appropriate prioritised waste streams. The Province
encourages actions on expanding and stabilising the economic base for recovery and recycling
including the support of existing and new laws designed to encourage the manufacture and
purchase of products made from recovered and recycled materials .
Objective 11 – Waste collection and transportation: Province endorses the development of
collection and transportation requirements that are compatible with national, provincial and
local legislation. Province recognises the need for alternative forms of transport other than
road haulage for the transportation of waste in line with environmental best practices.
Objective 13 – Waste treatment and disposal: The Policy indicates the need for the
implementation of legislation to trace and prosecute illegal waste disposers for the costs
incurred in the management of such wastes and the environmental and human health damage
caused by such activities, according to the Duty-of-care Principle.
Minimum Waste Minimum Waste Recycling Standards for South Africa were published in 2002, with a view to
Recycling Standards for start achieving the goals set in the Polokwane Declaration. Minimum Recycling Requirements
South Africa which relate to collection and cleaning operations have been documented as follows:
“Local Governments in their waste collection provision shall provide waste sorting facility per
collection area.
Local Governments, communities and waste management sector shall always use the recycled
refuse bags to collect waste to demonstrate their commitment to the recycled products and
recycling.
Local Governments, communities and waste management sector shall use recycled waste bins
for waste storage to demonstrate their commitment for the recycled products.
In future (to be confirmed) all households shall separate waste at source to enhance the quality
of recyclables”.
Draft National Waste In 2005, the DEAT released a draft guideline for National General Waste Collection
Collection Standard Standards. This document has yet to be finalised. This National Guideline will have to be
Guidelines adhered to in the development of the Gauteng Standards. Emphasis has been placed on
providing a basic level of service as well as adequate storage and regular collection of waste.
GDARD – General Waste Collection Standards
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