The Minister must designate in writing an officer in the Department as the national waste management officer responsible for co-ordinating matters pertaining to waste management in the national government.
The MEC must designate in writing an officer in the provincial administration as the provincial waste management officer responsible for co-ordinating matters pertaining to waste management in that province.
Each municipality authorised to carry out waste management services by the Municipal Structures Act, 1998 (Act No. 117 of 1998), must designate in writing a waste management officer from its administration to be responsible for co-ordinating matters pertaining to waste management in that municipality.
A power delegated or a duty assigned to a waste management officer by virtue of subsection (1), (2) or (3) may be subdelegated or further assigned by that officer to another official in the service of the same administration, subject to such limitations or conditions as may be determined by the Minister, MEC or municipality, respectively.
Waste management officers must co-ordinate their activities with other waste management activities in the manner set out in the national waste management strategy established in terms of section 6 or determined by the Minister by notice in the Gazette.
11. Certain organs of state to prepare integrated waste management plans
The Department and the provincial departments responsible for waste management must prepare integrated waste management plans.
A provincial department may incorporate its integrated waste management plan in any relevant provincial plan.
The Department may incorporate its integrated waste management plan in any relevant national environmental plan.
Each municipality must-
submit its integrated waste management plan to the MEC for approval; and
include the approved integrated waste management plan in its integrated development plan contemplated in Chapter 5 of the Municipal Systems Act.
The MEC may within 30 days of receiving an integrated waste management plan or an amendment to an integrated waste management plan-
request a municipality to adjust the plan or the amendment in accordance with the MEC's proposal if the plan or amendment-
(aa)
does not comply with a requirement of this Act; or
(bb)
is in conflict with, or is not aligned with, or negates any relevant integrated waste management plan or the national waste management strategy; or
request a municipality to comply with a specific provision of this Act relating to the process of drafting or amending integrated waste management plans if the municipality has failed to comply with the process or provision; or
approve the plan or amendment.
The Department and the provincial departments contemplated in subsection (1) must submit their integrated waste management plans to the Minister for approval.
When exercising the power to monitor and support a municipality as contemplated in section 31 of the Municipal Systems Act, the MEC for local government, in consultation with the MEC, must ensure that the municipal integrated waste management plan is co-ordinated and aligned with the plans, strategies and programmes of the Department and provincial departments.
Before finalising an integrated waste management plan, the Department and every provincial department contemplated in subsection (1) must follow a consultative process in accordance with sections 72 and 73.
A municipality must, before finalising its integrated waste management plan, follow the consultative process contemplated in section 29 of the Municipal Systems Act, either as a separate process or as part of the consultative process relating to its integrated development plan contemplated in that section.
Subsection (7) need not be complied with if the integrated waste management plan is amended in a non-substantive manner.
12. Contents of integrated waste management plans
An integrated waste management plan must at least-
contain a situation analysis that includes-
a description of the population and development profiles of the area to which the plan relates;
an assessment of the quantities and types of waste that are generated in the area;
a description of the services that are provided, or that are available, for the collection, minimisation, re-use, recycling and recovery, treatment and disposal of waste; and
the number of persons in the area who are not receiving waste collection services;
within the domain of the Department, provincial department or municipality, set out how that Department, provincial department or municipality intends-
to give effect, in respect of waste management, to Chapter 3 of the National Environmental Management Act;
to give effect to the objects of this Act;
to identify and address the negative impact of poor waste management practices on health and the environment;
to provide for the implementation of waste minimisation, re-use, recycling and recovery targets and initiatives;
in the case of a municipal integrated waste management plan, to address the delivery of waste management services to residential premises;
to implement the Republic's obligations in respect of any relevant international agreements;
to give effect to best environmental practice in respect of waste management;
within the domain of the Department or provincial department, set out how the Department or provincial department intends to identify the measures that are required and that are to be implemented to support municipalities to give effect to the objects of this Act;
set out the priorities and objectives of the Department, provincial department or municipality in respect of waste management;
establish targets for the collection, minimisation, re-use and recycling of waste;
set out the approach of the Department, provincial department or municipality to the planning of any new facilities for disposal and decommissioning of existing waste disposal facilities;
indicate the financial resources that are required to give effect to the plan;
describe how the Department, provincial department or municipality intends to give effect to its integrated waste management plan; and
comply with the requirements prescribed by the Minister.
In the preparation of an integrated waste management plan the Department and provincial departments must give proper effect to the requirements contained in Chapter 5 of the Municipal Systems Act, insofar as such plan affects a municipality.
13. Reporting on implementation of integrated waste management plans
Annual performance reports on the implementation of the integrated waste management plans must, in the case of-
a provincial department, be submitted to the MEC and the Minister for approval; and
in the case of the Department, be submitted to the Minister for approval.
The annual performance report that the Department or provincial department must submit in terms of subsection (1) must contain information on the implementation of its integrated waste management plan, including information on-
the extent to which the plan has been implemented during the period;
the waste management initiatives that have been undertaken during the reporting period;
the delivery of waste management services and measures taken to secure the efficient delivery of waste management services, if applicable;
the level of compliance with the plan and any applicable waste management standards;
the measures taken to secure compliance with waste management standards;
the waste management monitoring activities;
the actual budget expended on implementing the plan;
the measures that have been taken to make any necessary amendments to the plan;
in the case of a province, the extent to which municipalities comply with the plan and, in the event of any non-compliance with the plan, the reasons for such non-compliance; and
any other requirements as may be prescribed by the Minister.
The annual performance report prepared in terms of section 46 of the Municipal Systems Act must contain information on the implementation of the municipal integrated waste management plan, including the information set out in paragraphs (a) to (j) of subsection (2) insofar as it relates to the performance of the municipality.
Despite subsections (1) and (2), the Minister may specify in writing a different mechanism for the reporting on integrated waste management plans if necessary to improve the co-ordination of waste management.