The document outlines South Africa's legislative background and current status regarding chemicals and waste management. It discusses the National Environmental Management Waste Act of 2008 and its key provisions, including regulating waste activities through a listing system. The Act aims to protect health and the environment based on a waste hierarchy approach. Key requirements are outlined for generators and transporters of waste, including proper storage, disposal, and permitting. Regulations provide for waste classification, tracking, and information reporting. The overall approach is to manage waste safely and prevent pollution.

1. 7 MAY 2015
Chemicals and Waste Management

2. Presentation Outline
• Legislative Background
• NEM: Waste Act, 2008
• Applicable provisions, norms
and standards and
Regulations

3. Legislative background
Constitution, 1996
National Environmental Management Act (1998)
NEM: Waste Act, 2008 and
Amendments, 2014
Waste Regulations, Standards
White Paper on IP&WM (2000)

4. CURRENT STATUS
• Waste Act came into effect on 1 July 2009
• Delayed section (s);
– 28 (7)(a)- voluntary Industry WMPs.
– 46- appointment of persons to manage license
applications
• Waste Act Amendments came into effect
2 June 2014

5. NEM:WA APPROACH
• Regulate waste management in order to protect health and the
environment
• Provide reasonable measures for the prevention of pollution and
ecological degradation and securing ecologically sustainable development
• Acknowledges that waste management practices in many areas in the
country is not conducive to a healthy environment
• Waste; under certain circumstances, can be a resource and offers
economic opportunities

6. NEM:WA APPROACH
 Based on the Waste Hierarchy Approach, and
 to give effect to Constitution S24- Protect Health and
the Environment

7. General duty of the holders of waste
• Avoid the generation of waste in the production process
• Minimise the toxicity and amounts generated
• Reduce, recycle and recover
• Ensure waste is treated and disposed in an environmentally
sound manner
• Manage waste in a manner that does not endanger the health
or the environment or cause nuisance- odour or visual
impacts
• Cease, modify or control any process causing pollution
• Eliminate any source of pollution

8. Listing of waste activities
• Section 19 provides for the Minister to publish a list of activities that have
or are likely to have a detrimental effect on the environment.
• WMA List (GN 921) – Published in terms of section 19(2) of the Act on 29
November 2013- An Amendment to Government Notice 718 of 3 July
2009.
 No person may commence, undertake or conduct a listed waste
management activity except in accordance with:
o a waste management licence
o requirements or standards determined by the Minister, if a licence is
not required
 Category (A- Basic Assessment), (B- Scoping & EIA) and (C- Standards)
 Licensing process is done in accordance with EIA Regulations

9. Licensing Authorities
• Licensing of waste management activities (Part 4)
• The Act outlines who the licensing authority is:
 National Department of Environmental Affairs: Hazardous
Waste
 Provincial Departments of Environment: General Waste

10. General requirements for Storage
• Any person who stores waste must take steps to ensure that:
 the containers in which any waste is stored, are intact and not
corroded or in any other way rendered unfit for the safe
storage of waste;
 adequate measures are taken to prevent accidental spillage or
leaking;
 the waste cannot be blown away;
 nuisances such as odour, visual impacts and breeding of
vectors do not arise;
 pollution of the environment and harm to health are
prevented.

11. General requirements for Storage
• Any person who generates waste which is collected by the
Municipality must:
 Place waste in containers approved by the Municipality and
place it in an area authorised
 Separate waste for reuse, recycling or recovery in an
appropriate container
 Comply with municipal by-laws on waste management i.t.o.
Frequency of collection, demarcated storage area etc
 Comply with National Norms and Standards for Storage of
waste, 2013

12. Prohibition of Unauthorised disposal
• No person may –
 dispose waste or knowingly or negligently cause or
permit waste to be disposed of, in any land,
waterbody or at any facility unless the disposal is
authorized by law
 Dispose of waste in a manner that is likely to cause
pollution of the environment or harm to health and
well being

13. Transportation of waste
• Any person engaged in transportation of
waste must: -
 take all reasonable steps to prevent any
spillage of waste or littering from the vehicle
Before offloading the waste from the vehicle
for disposal purposes, ensure that the facility
is authorized to accept such waste

14. Waste Classification and management
Regulations, 2013
• Provides for the generators of waste to classify waste,
unless listed in Annexure A
• Labeling of waste
• Waste Treatment
• Waste disposal restrictions
• Waste disposal to landfill
• Waste manifest systems to track waste from the
generator to the waste management facility

15. Waste Information Regulations, 2012
• Provides for generators of hazardous waste in
excess of 20kg per day (calculated monthly as
daily average) to register in the Waste
Information System
• Once off registration for generators, no
requirement for reporting.

16. Working towards

17. Ms Khashiwe Masinga
Directorate: Chemicals & Waste Policy &
Information Management
E-mail: kmasinga@environment.gov.za
Visit:
www.environment.gov.za
http://sawic.environment.gov.za