APPENDIX 1

INTERNATIONAL CONVENTIONS, AGREEMENTS, TREATIES AND PROTOCOLS WHICH PERTAIN TO POLLUTION AND WASTE MANAGEMENT

The international conventions, agreements, treaties and protocols which pertain to pollution and waste management are listed below in chronological order:


APPENDIX 2

PRINCIPLES FROM THE WHITE PAPER ON ENVIRONMENTAL

MANAGEMENT POLICY FOR SOUTH AFRICA

This appendix sets out the principles for environmental management. Principles are the fundamental premises government will use to apply, develop and test policy and subsequent actions, including decision-making, legislation, regulation and enforcement. In some cases the principles are followed by details on how the principle will be applied.

Government is accountable for policy formulation, monitoring and enforcement.

Government will allocate functions within the framework of the Constitution to the institutions and spheres of government that can most effectively achieve the objective of a function within the context of environmental policy.

Renewable and non-renewable natural resources, cultural resources and land are all part of South Africa's environmental heritage. They are public assets belonging to all the nation's people. Government must ensure that the ownership and use of this heritage promotes sustainable development, benefiting the public good and maintaining environmental integrity. Any alienation of these resources and land must respect people's environmental rights and ensure the sustainable use of such resources and land.

In applying this principle, government must ensure that its investment policies and programmes do not result in the unchecked transfer of ownership of all the nation's natural and cultural resources and land to private investors, or result in access to these resources and land being denied to the people of this country.

All people must have the opportunity to develop the understanding, skills and capacity for effective participation in achieving sustainable development and sustainable resource use.

Actual or potential conflicts of interest between responsibilities for resource exploitation, and any responsibilities or powers affecting environmental quality or impact management, must be resolved through agreed conflict resolution procedures. Solutions to such conflicts of interest must ensure effective implementation of environmental policy and provide for the role of the lead agent in monitoring and ensuring the maintenance of norms and standards.

Environmental concerns affect all aspects of life and must be integrated into the work of all government institutions. This requires intergovernmental harmonisation of policies, legislation, monitoring, regulation and other environmental functions in accordance with the requirements of environmental policy.

Responsibility for the environmental, health and safety consequences of a policy, programme, project, product, process, service or activity exists throughout its life cycle. It starts with conceptualisation and planning and runs through all stages of implementation to reuse, recycling and ultimate disposal of products and waste or decommissioning of installations.

The government acknowledges that it has a constitutional duty to protect the environment for the benefit of current and future generations of South Africans. Its responsibilities include the duty to act as custodian of the nation's resources, to protect the public interest in, and to ensure equitable access to such resources, and generally to ensure that all South Africans enjoy an environment of acceptable quality. In assuming these duties, the government accepts the duties and responsibilities implied by the doctrine of the Public Trust, particularly regarding State-owned land and natural resources, and will enact legislation to give effect to this principle. The doctrine of the Public Trust requires the State to:

The price of goods and services must include the environmental cost of sustaining the rate of supply over time. Where this is impossible, the price must include the cost of replacing the item or service, as it is depleted by another item or service at a similar rate of supply and value that fulfils the same function.

Due process must be applied in all environmental management activities. This includes adherence to the provisions in the Constitution dealing with just administrative action and public participation in environmental governance.

There should be equitable access to environmental resources, benefits and services to meet basic needs and ensure human well-being. Each generation has a duty to avoid impairing the ability of future generations to ensure their well-being.

To comply with the requirements of environmental justice, government must integrate environmental considerations with social, political and economic justice and development in addressing the needs and rights of all communities, sectors and individuals.

Policy, legal and institutional frameworks must:

Decisions must be based on an assessment of the full social and environmental costs and benefits of policies, plans, programmes, projects and activities that impact on the environment.

Government must recognise its shared responsibility for global and regional environmental issues and act with due regard for the principles contained in relevant policies and applicable regional and international agreements.

Good governance depends on mutual trust and reciprocal relations between government and people. This must be based on the fulfilment of constitutional, legislative and executive obligations, and the acceptance of authority, responsibility, transparency and accountability.

The democratically elected government is the legitimate representative of the people. In governing it must meet its obligation to give effect to people's environmental rights in Section 24 of the Constitution. This includes:

Environmental management processes must consider the interests, needs and values of all interested and affected parties in decision-making to secure sustainable development. This includes recognising all forms of knowledge, including traditional and ordinary knowledge.

All elements of the environment are linked and management must therefore take account of the connections between them.

The integration of environmental concerns into every area of human activity is central to the achievement of sustainable development. Priority areas for environmental governance include:

- all environmental media
- all social, cultural and natural resources
- pollution control and waste management

- organisational and institutional arrangements
- legislation and
- all policies in all spheres of government.

To give effect to their constitutional rights, everyone must have access to information to enable them to:

Government must encourage the inclusion of all interested and affected parties in environmental governance with the aim of achieving equitable and effective participation.

Government will apply a risk-averse and cautious approach that recognises the limits of current knowledge about the environmental consequences of decisions or actions.

This approach includes the identification of:

Where there is uncertainty, action should be taken to limit the risk. This should include consideration of the 'no go' option.

Government must anticipate problems and prevent a negative impact on the environment and on people's environmental rights.

Those responsible for environmental damage must pay the repair costs both to the environment and human health, and the costs of preventive measures to reduce or prevent further pollution and environmental damage.

Waste management must minimise and avoid the creation of waste at source, especially in the case of toxic and hazardous wastes. Government must encourage waste recycling, separation at source and safe disposal of unavoidable waste.


APPENDIX 3

GLOSSARY OF TERMS AND ABBREVIATIONS

This glossary defines the terms used in this White Paper on Integrated Pollution and Waste Management for South Africa. Also refer to the Appendix 2 which lists and defines the principles set out in the White Paper on Environmental Management Policy for South Africa.

Accelerated depreciation - allows equipment to be written off more rapidly than is generally the case within the context of the corporate income tax system.

Ambient standards - quantitative pollutant levels which may not be exceeded, or may be exceeded only for a specific frequency or duration, in water, in the air or within soil in order to ensure it is fit for a designated use, and to reasonably preserve the environment and not significantly impair human health.

Anthropogenic - generated by human activity.

Basic needs subsidies- allow people access to environmental assets without compensating payment.

Best practical environmental option - BPEO is the outcome of a systematic consultative and decision-making procedure that emphasises the protection of the environment across land, air and water. It establishes, for a given set of objectives, the option that provides the most benefit or least damage to the environment as a whole, at acceptable cost in the short-term and as well as in the long-term.

Best practical means- the minimum needed to meet the requirements of present legislation.

Biodiversity - the number and variety of living organisms on earth. Biodiversity is made up of species richness, ecosystem complexity and genetic variation.

Biota - living organisms.

Carcinogenic - ability to cause cancer.

CEC - Committee for Environmental Co-ordination

Civil Society - this term includes all members/sectors of society outside government.

Cleaner production - The term "cleaner production" describes a comprehensive preventive approach to environmental protection. Many other terms are being used globally, such as waste minimisation, pollution prevention, cleaner technology, waste reduction, eco-efficiency, non-waste technologies and source reduction, without there being a universal consensus on what they mean. All of the terms mentioned above, however, describe a proactive approach that embraces a forward-looking "anticipate and prevent" philosophy. Ensuring cleaner production is now internationally recognised as a crucial means to reconcile the environmental and economic goals involved in the move towards sustainable development.

Cleaner production can provide long-term benefits, such as

Cleaner production, therefore, reflects both an interest in savings and avoidance of increasingly stronger environmental regulations. Cleaner production includes measures to conserve, eliminating toxic and dangerous raw materials and product constituents, and measures to reduce at source the quantity and toxicity of all emissions and wastes being emitted to air, land and water. Furthermore, this approach embraces the cradle-to-grave principle, the precautionary principle and the preventive principle. Because cleaner production attacks the problem at several levels at once, it is a holistic integrated preventive approach to environmental protection. The cleaner production approach is an integral part of integrated pollution and waste management policy.

Coastal zone - the area of land and sea along the coast, including estuaries, onshore areas and offshore areas; wherever they form an integral part of the coastal system.

Cost benefit analysis - estimates and comparison of short-term and long-term costs (losses) and benefits (gains); an economic analysis of an undertaking, involving the conversion of all positive and negative aspects into common units (e.g. money), so that the total benefits and the total costs can be compared.

Cultural resources - natural features and features adapted and created by humans in the past and present. These features are the result of continuing human cultural activity and reflect a range of community values.

DEAT - Department of Environmental Affairs and Tourism

Deposit refund system - system where a deposit is levied on products with a potential to pollute and refunded when product or residue is returned.

DME - Department of Minerals and Energy

Duty of care principle - Every person or organisation has a duty to act with due care to avoid damage to others, or to the environment.

DWAF - Department of Water Affairs and Forestry

Ecosystem - dynamic complex plant, animal and micro-organism communities and their non-living environment interacting as a functional unit.

Effluent - liquid waste generated by human activity.

EMPR - Environmental Management Programme Report

Environmental audit - a regular formal examination to ascertain whether an organisation or facility is operating in terms of its environmental performance requirements or some other measure of performance.

Environmental impact assessment (EIA) - a detailed study of the environmental consequences of a proposed course of action. An environmental evaluation (also called environmental assessment) is a study of the environmental effects of a decision, location or undertaking. Environmental evaluation is most often used within an integrated environmental management (IEM) planning process as a decision support tool to compare different options.

Environmental management programmes (EMP) - in terms of the Minerals Act (No.50 of 1991), every mine must submit an EMP to the Department of Minerals and Energy. An EMP contains elements of environmental assessment (see EIA) plus management plans. Once it has been approved, it has the force of law.

Environmental management system (EMS) - documented procedures drawn up as described in an SABS Code of Practice to implement the requirements of ISO 14000. Operating, emergency, data collection and documentation procedures are set out, along with procedures for training, the transfer of information and all procedures of a complete management and quality control system.

Environmental sustainability - the ability of an activity to continue indefinitely at current and projected levels, without depleting the social, cultural and natural resources required to meet present and future needs.

General waste - waste that does not pose an immediate threat to man or to the environment, i.e. household waste, builder's rubble, garden waste, dry industrial and commercial waste. It may, however, with decomposition, infiltration and percolation produce leachate with an unacceptable pollution potential.

Governance - is the sum of the many ways individuals and institutions, public and private, manage their common affairs. It is a continuing process through which conflicting or diverse interests may be accommodated and cooperative action may be taken. It includes formal institutions and regimes empowered to enforce compliance, as well as informal agreements that people and institutions either have agreed to or perceive to be in their interest. It involves setting policy to guide an activity to ensure that the money, people and institutions required to do the work, are in place. Governance also entails making sure that people are accountable for the work they do, monitoring what happens and making new plans to carry the work forward.

Greenhouse gases - gases in the earth's lower atmosphere that trap heat, causing an increase in the earth's temperature.

Habitat - a place, characterised by its physical properties and other life forms, where an organism or community occurs.

Hazardous waste - waste, including radioactive waste, which is legally defined as "hazardous" in the state in which it is generated. The definition is based on the chemical reactivity or toxic, explosive, corrosive or other characteristics which cause, or are likely to cause, danger to health or to the environment, whether by itself or when in contact with other waste.

Heavy metals - term used to describe a class of metals (many of which are toxic) which persist in the environment.

Holistic - term used to describe an approach which is all-encompassing.

Input charges - charges levied on inputs to production processes to limit pollution at a later stage in the product life cycle.

Integrated environmental management (IEM) - a philosophy that-prescribes a code of practice for ensuring that environmental considerations are fully integrated into all stages of the development process in order to achieve a desirable balance between conservation and development.

IWMP - Integrated Waste Management Planning

Integration - approaches to integration with regard to pollution prevention may be divided into philosophical, functional and organisational approaches. These approaches need to be dealt with separately in order to provide resolution to these aspects. They are, however, inter-related and can thus not be developed in isolation.

Functional integration may take place around the source of pollution (such as mining or waste disposal), around the environmental media (air, water and land/soil), around an ecological system (such as a catchment) or around a substance (such as mercury).

Integration, therefore, provides the linkage between :

Intergovernmental - this term refers to relations between spheres of government and to relations between government agencies in the same sphere of government.

Internalisation - the incorporation of externalities into market prices.

Investment credits - incentives to producers and developers to invest in equipment that reduces pollution and/or developments that are beneficial to the environment.

IP&WM Policy - Integrated Pollution and Waste Management Policy

Landfill and landfilled - these terms refer to a commonly used method of solid waste disposal which includes placing the waste in a specially designed site and covering it.

Leachate - the term used to refer to the liquid with a high pollution potential which flows through and out of a landfill.

MECs - Members of the Executive Council

MINMEC - the Committee of Ministers and Members of the Executive Councils: Environment and Nature Conservation.

Mutagenic - ability to cause mutations or changes in living cells.

Non-renewable resource - a resource that either cannot be renewed once it is used or lost, or cannot be renewed in historical time.

NWMS- National Waste Management Strategy

Ozone - see stratospheric ozone.

Particulates - solid particles of pollution emitted from various processes.

Point and non-point pollution - point pollution refers to that pollution for which the source can be clearly identified, and non-point or diffuse pollution refers to pollution for which the sources cannot be clearly or easily identified.

Pollution - any change in the environment caused by substances, radioactive or other waves, noise, odours, dust or heat emitted from any activity, including the storage or treatment of waste or substances, construction and the provisions or services, whether engaged in by any person or an organ of state, where that change has an adverse effect on human health or well-being or on the composition, resilience and productivity of natural or managed ecosystems, or on materials useful to people, or will have such effect in the future.

Pollution charges - charges levied on discharges of pollutants to the environment.

Pollution prevention - the avoidance of impact on the environment by avoidance and minimisation of waste generation.

Product/service subsidies - financial assistance to lower the price of environmentally friendly products or services.

Product stewardship - taking responsibility for a product throughout its entire life cycle, including the responsibility for managing the product as a waste after being discarded.

Radioactive - substances emitting radiation due to the disintegration of unstable atomic nuclei. Radiation can cause various forms of cancer and genetic mutations.

Renewable resource - a resource produced as part of the functioning of natural systems at rates comparable to its rate of consumption. Limits to renewable resources are determined by flow rate and such resources can provide a sustained yield.

Resource charges - charges levied on natural resources during their initial exploitation or extraction.

Risk assessment - a process of gathering data and making assumptions to estimate short- and long-term harmful effects on human health or the environment from exposure to hazards associated with the use of a particular product or technology; or establishing the probability of an event occurring, the factors that could bring about that event, likely exposure levels and the acceptability of the impact resulting from exposure.

SADC - Southem African Development Community.

Silviculture - cultivation of trees.

Stratospheric ozone - an unstable form of oxygen found in the stratosphere, the layer of the atmosphere roughly between 15 and 50 kilometres above the earth. This 'ozone layer' absorbs much of the UV-B radiation from the sun. Exposure to UV-B radiation can cause skin cancer and excessive exposure can cause mutations in plants and other life forms.

Teratogenic - ability to cause foetal damage.

Toxic - poisonous.

Toxic waste - a form of hazardous waste that causes death or serious injury, such as bums, respiratory diseases, cancer or genetic mutations.

Waste - an undesirable or superfluous by-product, emission, or residue of any process or activity which has been discarded, accumulated or been stored for the purpose of discarding or processing. It may be gaseous, liquid or solid or any combination thereof and may originate from a residential, commercial or industrial area. This definition includes industrial waste water, sewage, radioactive substances, mining, metallurgical and power generation waste.

WC
WIS
WT
WM
-
-
-
-
Waste Collection
Waste Information System
Waste Treatment and Disposal
Waste Minimisation and Recycling

APPENDIX 4

ACKNOWLEDGEMENTS

1. MINMEC: Environment and Nature Conservation 1998

Dr Tienie Burgers MEC Northem Province
Mr Tate Makgoe MEC Free State
Mr David Makhwanazi MEC Mpumalanga
Mr T Makweya MEC Northem Cape
Dr Matlaopane MEC Northem Cape
Mr JWH Meiring MEC Western Cape
Ms Nomvula Mokonyane MEC Gauteng
Ms Edna Molewa MEC North West Province
Mr Smuts Ngonyama MEC Eastern Cape
Mr Nkosi Ngubane MEC KwaZulu-Natal

2. Donors

Danish Cooperation for Environment and Development (DANCED)
Mr Einar Jensen - Environmental Attaché
Mr Peter Lukey - Programme Officer
All support staff who assisted with the project administration

3. Project Committee

Mr Peter Mokaba (Chairman) Former Deputy Minister: Environmental Affairs and Tourism
Ms Thandi Bosman/Mr Clement Charnley SANCO (CBOs)
Mr Leon Bredenhann Department of Water Affairs and Forestry
Ms Jenny Hall NGOs
Ms Laura James Labour (Mining)
Mr Tinus Joubert Department of Environmental Affairs and Tourism
Dr John Kilani/Mr Karel van Gessel Mining Industry
Dr Laurraine Lotter Business and Industry
Mr Peter Lukey DANCED (observer)
Ms Shirley Miller Labour (Industry)
Ms Hilda Mthimunye/Mr. Hennie Neetling Local Authorities
Dr Suzan Oelofse Department of Environmental Affairs and Tourism
Mr Willem Scott Department of Environmental Affairs and Tourism
Dr Albert Welinder DANCED Adviser (observer)

4. Drafting Team

The Project Committee appointed the following people to draft the Discussion Document: Towards a White Paper on Integrated Pollution Control and Waste Management and this White Paper on Integrated Pollution and Waste Management for South Africa:

Dr Herman Wiechers (Lead Consultant) Stewart Scott Incorporated/ Bohlweki Environmental
Mr Errol Cerff Environmental Risk Services (Pty.) Ltd.
Mr Michael Goldblatt University of the Witwatersrand
Mr Jan Glazewski University of Cape Town

The drafting team was assisted by a number of specialists:

Mr Newton Adams Catts
Mr Jarrod Ball Jarrod Ball and Associates
Mr Llewellyn Botha Environmental Law Consultancy
Dr Mike Cohen CEN Integrated Environmental Management Unit
Ms Terry Winstanley Private Consultant
Mr Thabani Masuku University of Cape Town

5. All the people who submitted written comments on the discussion document

The comments are contained in an electronic database at the Department of Environmental Affairs and Tourism in Pretoria.

6. Others:

Mr Mandla Mwelase Compilation of workshop document
Ms Dorothea van Zijl Compilation of workshop document
Ms Karen Kuck Project Committee Secretary
Mrs Mampiti Matsabu Assistant to drafting team
Mr Peter Teurlings Assistant to drafting team
Ms Annaline Jacobson Language editing of the White Paper on Integrated Pollution and Waste Management Policy for South Africa
Mr Tami Sokuto Formerly from the Department of Water Affairs & Forestry

All the people in South Africa who participated in the process and all those who gave time and other
resources to assist with the development of this White Paper on Integrated Pollution
and Waste Management are gratefully acknowledged.


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