NATIONAL ENVIRONMENTAL MANAGEMENT LAWS AMENDMENT BILL B 14

NATIONAL ENVIRONMENTAL MANAGEMENT LAWS AMENDMENT BILL [B 14 – 2017] – WORKSHOP WASTE PRESENTATION PORTFOLIO COMMITTEE ON ENVIRONMENTAL AFFAIRS MEETING - TOWNHOUSE HOTEL, CAPE TOWN 30 JANUARY 2018

OUTLINE • • Purpose Background Guiding Principles Definitions One Environmental System Waste Licensing Waste Bureau Provisions

PURPOSE OF THE PRESENTATION The purpose of the presentation is to provide the Portfolio Committee on Environmental Affairs with background on the Waste Provisions in the National Environmental Management Laws Amendment Bill [B 14 -2017] (NEMLA BILL).

GUIDING PRINCIPLES • Waste beneficiation and consideration of waste as a resource, • Chemicals and Waste Economy Phakisa considerations on waste recycling economy are considered, • Sustainable consumption and production, and • Circular Economy.

BACKGROUND • The National Environmental Management: Waste Act, 2008. No. 59 of 2008 was promulgated on 10 March 2009. • The National Environmental Management: Waste Amendment Act, 2014 was promulgated on the 2 June 2014. • The 2014 Amendment Act introduced the Waste Bureau, The Pricing Strategy, The Money Bill and the introduction of mine residue deposits and under the ambit of the Waste Act.

DEFINITION § The NEM: Waste Amendment Act, 2014 provided Schedule 3, a list of sources of waste as part of the definition of waste. § The amendments to the definition of “waste” and Schedule 3 to the NEMWA will provide clarity on what is waste and when waste ceases to be waste; § Main definition changes to take into account the recent developments and opportunities in the chemicals and waste economy and the circular economy approaches

DEFINITION … 2 § Alignment of the changes in the definition through amending Schedule 3. § The two tables or sections of Schedule 3 have been merged into one table including. § The move of the residue deposits and stockpiles from the ambit of the Waste Act to NEMA, hence will require amendment in the definition.

ONE ENVIRONMENT SYSTEM § Residue deposits and stockpiles are in the Waste Act in terms of the NEMLA 3. § The regulations for the management of residue deposits and stockpiles have been developed for implementation. § There were discussions held and recommendations made on moving the residue deposits and stockpiles from the waste Act to NEMA so that it corresponds with where it was in the MPRDA.

ONE ENVIRONMENT SYSTEM … 2 § One of the key reasons was the need for enabling was beneficiation and contribution to recycling economy § Parallel to the residue deposits and stockpiles regulations was the exclusion regulations which are also intended to enable recycling economy and job creation while addressing waste challenges § Hence, the recent amendments in the Bill are moving the residue deposits and stockpiles from the Waste Amendment Act, 2014 to NEMA.

WASTE LICENCING • To provide for the payment of a processing fee for the variation of a waste management license. • To ensure that a site assessment report and remediation plan regarding contaminated land are submitted simultaneously to the Minister for approval; • To provide for a legal mechanism to deal with exceptional instances where an MEC fails to take a decision to issue a waste management licence within the prescribed timeframes, an applicant may request the Minister to take the decision;

WASTE BUREAU PROVISIONS • The 2014 Waste Amendment Act establishes the Waste Management Bureau, • Currently the Waste does not have a board and the Bill seeks to provide for the Board in order to strengthen governance and oversight of the Waste Bureau, • The 2014 Waste Amendment Act establishes the Waste Management Bureau as a juristic person within the Department and this is seen as contradictory, and • Hence, the Bill provides clarity that the Waste Management Bureau is established as a public entity responsible for, amongst others, the implementation of industry waste management plans, and to provide for governance matters.