Chapter 2: National waste management strategy, norms and standards

Part 1: National waste management strategy

6. Establishment of national waste management strategy

  1. The Minister must, within two years of the date on which this section takes effect, by notice in the Gazette establish a national waste management strategy for achieving the objects of this Act, which must include-
    1. objectives, plans, guidelines, systems and procedures relating to the protection of the environment and the generation (including the avoidance and minimisation of such generation), re-use, recycling, recovery, treatment, disposal, use, control and management of waste in order to achieve the objects of this Act;
    2. mechanisms, systems and procedures for giving effect to the Republic's obligations in terms of relevant international agreements;
    3. practical measures for achieving co-operative governance in waste management matters;
    4. guidance on raising awareness regarding the impact of waste on health and the environment;
    5. approaches for securing compliance with the requirements of this Act, including the monitoring of compliance; and
    6. any other matter that the Minister considers necessary for achieving the objects of this Act.
  2. The national waste management strategy may include targets for waste reduction.
  3. The national waste management strategy-
    1. binds all organs of state in all spheres of government, and all persons if and to the extent applicable; and
    2. may, subject to section 3 of the Intergovernmental Fiscal Relations Act, 1997 (Act No. 97 of 1997), allocate and delineate responsibilities for the implementation of this Act amongst-
      1. the different spheres of government; and
      2. different organs of state.
  4. An organ of state must give effect to the national waste management strategy when exercising a power or performing a duty in terms of this Act or any other legislation regulating waste management.
  5. The national waste management strategy-
    1. may differentiate between different geographical areas;
    2. may differentiate between different classes or categories of waste;
    3. may provide for the phasing in of its provisions;
    4. may be amended; and
    5. must be reviewed by the Minister at intervals of not more than five years.
  6. Before publishing the national strategy, or any amendment to the strategy, the Minister must follow a consultative process in accordance with sections 72 and 73.
  7. Subsection (6) need not be complied with if the strategy is amended in a non-substantive manner.

Part 2: National norms and standards, provincial norms and standards and waste service standards

7. National norms and standards

  1. The Minister must, by notice in the Gazette, set national norms and standards for the-
    1. classification of waste;
    2. planning for and provision of waste management services; and
    3. storage, treatment and disposal of waste, including the planning and operation of waste treatment and waste disposal facilities.
  2. The Minister may, by notice in the Gazette, set national norms and standards for-
    1. the minimisation, re-use, recycling and recovery of waste, including the separation of waste at the point of generation;
    2. extended producer responsibility;
    3. the regionalisation of waste management services; and
    4. the remediation of contaminated land and soil quality.
  3. The Minister with the concurrence of the Minister of Finance may, by notice in the Gazette, set national standards in respect of tariffs for waste services provided by municipalities.
  4. The norms and standards contemplated in subsection (1) may-
    1. differentiate between different geographical areas;
    2. differentiate between different classes or categories of waste;
    3. provide for the phasing in of its provisions; and
    4. be amended.
  5. The norms or standards contemplated in subsection (1)(b) may-
    1. differentiate on an equitable basis between-
      1. different users of waste management services; and
      2. different types of waste management services;
    2. ensure that funds obtained from waste services are used for waste management services; and
    3. provide for tariffs to be imposed to provide for waste management infrastructure or facilities.
    1. Before publishing a notice in terms of subsection (1), (2) or (3), or any amendment to the notice, the Minister must follow a consultative process in accordance with sections 72 and 73.
    2. Paragraph (a) need not be complied with if the notice is amended in a non-substantive manner.

8. Provincial norms and standards

  1. The relevant MEC, within his or her jurisdiction, must ensure the implementation of the national waste management strategy and national norms and standards contemplated in sections 6 and 7, respectively.
  2. The relevant MEC, within his or her jurisdiction, may by notice in the Gazette set provincial norms and standards that are not in conflict with national norms and standards contemplated in section 7.
  3. The norms and standards contemplated in subsection (2) must amongst other things facilitate and advance-
    1. planning and provision of waste management services;
    2. regionalisation of waste management services within the province;
    3. minimisation, re-use, recycling and recovery of waste, with the exception of standards that may have national implications or that may have a significant impact on the national economy; and
    4. treatment and disposal of waste, including the planning and operation of waste treatment and waste disposal facilities, licenced by provincial authorities.
  4. The norms and standards contemplated in subsection (2) may-
    1. differentiate between different geographical areas in the province;
    2. differentiate between different classes or categories of waste;
    3. provide for the phasing in of its provisions; and
    4. be amended.
    1. Before publishing a notice in terms of subsection (2), or any amendment to the notice, the MEC must follow a consultative process in accordance with sections 72 and 73.
    2. Paragraph (a) need not be complied with if the notice is amended in a non-substantive manner.

9. Waste service standards

  1. A municipality must exercise its executive authority to deliver waste management services, including waste removal, waste storage and waste disposal services, in a manner that does not conflict with section 7 or 8 of this Act.
  2. Each municipality must exercise its executive authority and perform its duty in relation to waste services, including waste collection, waste storage and waste disposal services, by-
    1. adhering to all national and provincial norms and standards;
    2. integrating its waste management plans with its integrated development plans;
    3. ensuring access for all to such services;
    4. providing such services at an affordable price, in line with its tariff policy referred to in Chapter 8 of the Municipal Systems Act;
    5. ensuring sustainable services through effective and efficient management;
    6. keeping separate financial statements, including a balance sheet of the services provided.
  3. In exercising its executive authority contemplated in subsection (1), a municipality may furthermore, amongst other things, set-
    1. local standards for the separation, compacting and storage of solid waste that is collected as part of the municipal service or that is disposed of at a municipal waste disposal facility;
    2. local standards for the management of solid waste that is disposed of by the municipality or at a waste disposal facility owned by the municipality, including requirements in respect of the avoidance and minimisation of the generation of waste and the re-use, recycling and recovery of solid waste;
    3. local standards in respect of the directing of solid waste that is collected as part of the municipal service or that is disposed of by the municipality or at a municipal waste disposal facility to specific waste treatment and disposal facilities; and
    4. local standards in respect of the control of litter.
  4. Whenever the Minister or MEC acts in terms of this Act in relation to a municipality, the Minister or MEC must seek to support and strengthen the municipality's ability or right to perform its functions in relation to waste management activities.
    1. Whenever a municipality intends passing a by-law so as to give effect to subsection (1), it must follow a consultative process provided for in Chapter 4 of the Municipal Systems Act.
    2. Paragraph (a) need not be complied with if the by-law is amended in a non-substantive manner.