5. STRATEGIC GOALS AND OBJECTIVES OF THE POLICY

This chapter sets out, in the form of broad strategic goals and supporting objectives, the priorities for achieving the vision for integrated pollution and waste management over the next five to ten years. These goals chart the direction the government will follow in meeting its commitment to integrated pollution and waste management.

The chapter also introduces the National Waste Management Strategy (NWMS) and short-term priority Action Plans, which together will form the basis for translating the goals and objectives into practice. However, it is important to note that a similar national strategy for managing pollution has yet to be formulated during 2000 -2001.

5.1 Achieving Policy Goals and Objectives

The overarching goal of the policy is to ensure that pollution and waste are managed in an integrated way.

The intention is to move from a previous situation of fragmented and uncoordinated pollution control and waste management to integrated pollution and waste management and waste minimisation.

In order to ensure that this IP&WM policy is translated into practice, the national Departments of Environmental Affairs and Tourism and of Water Affairs and Forestry have developed a National Waste Management Strategy. This strategy deals with the problems of waste and associated pollution, and details strategies, action plans and set time frames and targets. Many aspects of the IP&WM policy can be implemented without delay through existing administration routes.

5.2 Strategic Goals of the Policy

Within the framework of the overarching goal, the government has identified seven strategic goals for achieving integrated pollution and waste management. These goals are interdependent and implementation must address all of them to be effective, since environmental issues cut across various sectors and functions.

The strategic goals and their supporting objectives indicate the broad deliverables of the strategy, which address the major issues the government faces in its drive to achieve and ensure integrated pollution and waste management.

The seven strategic goals of the policy are as follows:

A National Waste Management Strategy (NWMS) and Short-term Priority Action Plans have been developed, together with an Implementing Instruments Project Plan. These specify the deliverables of the NWMS. The anticipated short-term deliverables from the Action Plans for waste management are included in the relevant sections below to illustrate government's intentions and direction with respect to each of the goals. Short term refers to 2000-2004. It is important to bear in mind that a similar strategy and action plans for broader pollution issues, i.e. not only those that relate to waste management, will be developed during 2000 - 2001.

5.2.1 Goal 1: Effective institutional framework and legislation

To create, develop, implement, maintain and continuously improve an effective, adequately resourced and harmonised institutional framework and integrated legislative system and to build institutional capacity.

Legislative Framework

The Department of Environmental Affairs and Tourism is currently undertaking a law reform process to identify all the requirements for new and amended legislation pertaining to all aspects of the environment, including pollution and waste management. It is anticipated that this programme will be completed by the end of 2000. The overarching legislation and policy framework for this process are the National Environmental Management Act (No. 107 of 1998) and the White Paper on Environmental Management Policy for South Africa.

Institutional Framework

Objectives

Short term deliverables

5.2.2 Goal 2: Pollution Prevention, Waste Minimisation, Impact Management and Remediation

To promote holistic and integrated pollution and waste management through pollution prevention, minimisation at source, impact management and remediation.

Objectives

  • Giving effect to the requirements of the Lome and Basel Conventions, including Decision 3.1 (amendment to the Basel Convention)
  • Investigating the benefits of becoming a signatory to the Bamako Convention

Short-term deliverables

  • establishment of Waste Minimisation and Recycling Centres
  • dissemination of information on waste minimisation by developing a directory of case studies and sector-specific guides
  • implementation of demonstration projects
  • promotion of information and awareness campaigns about waste minimisation and recycling by the Department, in collaboration with local government
  • medical waste facilities, including incineration and alternative treatment technologies hazardous waste facilities, including thermal destruction and alternative treatment technologies
  • crematoria facilities (human and animal)
  • recovery works, for liquid, solid or energy recovery
  • animal waste - blood, skins, hides, by-products, fat, bone meal and fishmeal O oil recovery
  • electroplaters and metal finishers
  • gold and acid recovery from mine dumps

· Waste disposal:

5.2.3 Goal 3: Holistic and integrated planning

To develop mechanisms to ensure that integrated pollution and waste management considerations are effectively integrated into the development of government policies, strategies and programmes, all spatial arid economic development planning processes, and all economic activities.

Objectives

Short-term deliverables

5.2.4 Goal 4: Participation and partnerships in integrated pollution and waste management governance

To establish mechanisms and processes to ensure effective public participation in integrated pollution and waste management governance.

Objectives

Short-term deliverables

5.2.5 Goal 5: Empowerment and education in integrated pollution and waste management

To promote the education and empowerment of South Africa 's people to increase their awareness of and concern for pollution and waste issues, and assist in developing the knowledge, skills, values and commitment necessary to achieve integrated pollution and waste management.

Objectives.

Short-term deliverables

5.2.6 Goal 6: Information management

To develop and maintain databases and information management systems to provide accessible information to interested and affected parties that will support effective integrated pollution and waste management.

Objectives

Short-term deliverables

5.2.7 Goal 7: International cooperation

To develop mechanisms to deal effectively and in the national interest wit* international issues affecting pollution and waste

Objectives

Short~term deliverables

  • available resources to ensure implementation
  • views of stakeholders, and
  • benefits and disadvantages to the nation


6. GOVERNANCE

This chapter deals with:

6.1 Constitutional Setting

The Constitution requires that the legislative and executive authority of different spheres of government operate within a framework of co-operative governance. National and provincial governments have some concurrent and some exclusive powers for managing the environment. The Constitution also sets out how national and provincial government should regulate certain environmental functions of local government.

Functional areas of concurrent national and provincial legislative competence regarding integrated pollution and waste management are:

as well as the regulation of the following local government matters:

The functional areas of exclusive provincial legislative competence regarding integrated pollution and waste management are provincial planning and the regulation of the following local government matters:

6.2 White Paper on Environmental Management Policy for South Africa

The White Paper on Environmental Management Policy for South Africa delineates government's policy on environmental management. The IP&WM policy is a subsidiary and supporting policy to this environmental management policy, which identifies the Department of Environmental Affairs and Tourism as the lead agent for the environment. As such, the Department will take overall responsibility for integrated pollution and waste management in South Africa.

It is the policy of the Department of Environmental Affairs and Tourism to encourage all stakeholders, i.e. other government departments, business and industry, labour, environmental and public interest groups, and other members of civil society, to participate in the discussion, design and implementation of new policies and programmes.

6.3 Roles of Government

6.3.1 National government

While the Department of Environmental Affairs and Tourism is the lead agent for the environment, the Department of Water Affairs and Forestry is the lead agent for water, responsible for managing water quantity and quality. The Department of Environmental Affairs And Tourism will provide leadership and guidance to enable other national departments, provincial environmental departments and municipalities to meet their executive obligations in respect of the environment, including integrated pollution and waste management. In performing these functions the lead agent will act in accordance with the requirements of co-operative government.

The Department of Environmental Affairs and Tourism will take overall responsibility for integrated pollution and waste management in South Africa, and will execute its responsibilities by concentration and extension. Furthermore, it will establish guidelines, mechanisms and structures which will ensure that activities undertaken by other media and sector managers are co-ordinated, uniform and effective.

To ensure co-ordination between the Department of Environmental Affairs and Tourism and other departments and organs of State that exercise pollution and waste management functions, it may be appropriate to establish formal working arrangements. These will ensure that functions are exercised efficiently, without duplication and in a co-operative and mutually supportive manner.

An underlying principle in allocating governance functions is the Revolution of responsibility to the most appropriate sphere of government. Where the allocated sphere of government does not have the resources or capability, the next sphere of government will execute the function. Furthermore, the Department of Environmental Affairs and Tourism and provincial environmental departments will assist where resources and capability are lacking, as well as in building capacity.

Functions of the lead agent

The Department of Environmental Affairs and Tourism will ensure that the following integrated pollution and waste management-related functions are undertaken:

Powers of the lead agent

In accordance with its role as lead agent, the Department of Environmental Affairs and Tourism will:

Government media and sector managers

Current legislation identifies a range of national government departments that have some waste-related responsibilities. The list below provides a brief indication of some of those government departments, aside from the Department of Environmental Affairs and Tourism, that are principally affected, and some of their responsibilities.

Functions of the media and sector managers

The media and sector managers in government will ensure that the following integrated pollution and waste management-related functions are undertaken regarding their medium or sector:

Powers of the media and sector managers

In order to fulfil their responsibilities as media/sector managers, the relevant government departments will:

6.3.2 Provincial and local government

Provincial and local government will operate within the national framework of the IP&WM policy. Both municipalities and provincial governments will play an important role in implementing national strategies addressing waste and pollution management. Where appropriate, they will develop their own legislation and implementation strategies to meet their specific needs within the framework of this policy. As indicated earlier, functions relating to the management of pollution and waste should be carried out in the sphere of government that will be most effective.

Provincial government

The provincial environmental departments will be responsible for monitoring and enforcing pollution and waste management issues within their province. Specific functions to be carried out by Provincial Government include:

Local Government

Municipalities will be responsible for providing waste management services, and managing waste disposal facilities. Specific functions to be carried out by municipalities will include:

6.3.3 Authorisations

The current fragmentation, duplication and lack of co-ordination in the authorisation process and assessment reporting requirements will be replaced by a single streamlined and efficient administrative system. A simple process for environmental authorisations will be developed to ensure that activities with a possible detrimental effect on the environment are effectively regulated.

A single entry point for authorisation applications will be investigated in consultation with relevant organs of State as provided by the National Environmental Management Act (Act 107 of 1998) and implemented as appropriate. Authorisation conditions will include, but not be limited to, standards, details of voluntary agreements as provided for in the National Environmental Management Act, market-based instruments, reporting requirements, any other clauses, as well as the frequency and method of regular review and update. Lead Departments will however retain functional integrity and accountability in executing their specific legal mandates.

6.3.4 Impact management through ambient standards

Ambient standards define targets for integrated pollution and waste management and establish the permissible amount or concentration of a particular substance in or property of discharges to water, air and land, based on what a particular receiving environment can tolerate without significant deterioration.

Standards for water quality and wastewater discharges will be set by the Department of Water Affairs and Forestry and other ambient environmental quality standards by the Department of Environmental Affairs and Tourism. The standards will be set in consultation with other media and sector managers. The setting of source control and remediation standards will remain the responsibility of the media and sector managers, but will be co-ordinated at national and provincial levels.

Quantifiable performance standards will be achieved by introducing the following measures:

The relevant laws, regulations, standards and guidelines will be used as mechanisms to obtain information on media impacts, which in turn will be used to evaluate predicted impacts against the ambient standards. Co-ordination of standards setting and agreement on a consolidated set of requirements against which applications for authorisation will be evaluated, will be developed as part of the national strategies on pollution and waste.

6.3.5 Monitoring

Monitoring will be media and sector-based. Two areas will be addressed, i.e. ambient environmental quality monitoring and compliance monitoring.

Ambient environmental quality monitoring

The achievement and maintenance of appropriate ambient environmental standards will be supported by the collection of adequate information on ambient levels of pollution, the nature and effects of pollutants, and their pathways through the environment.

To this end various departments and spheres of government will be tasked with ensuring that adequate monitoring occurs, i.e. they will:

Monitoring specific media or sectors will be the responsibility of the media and sector managers, and co-ordinated by the lead agent.

Compliance monitoring

The permit holder is responsible for compliance monitoring, with government officials at national, provincial and local level undertaking regular inspections and/or audits to ensure that permit holders fulfilling their obligations.

Systems will be developed for:

Responsibilities of the lead agent and media and sector managers

The Department of Environmental Affairs and Tourism, as lead agent, is responsible for the overarching auditing function to ensure adequate ambient and compliance monitoring.

Ambient quality monitoring is the government's responsibility. The division of responsibilities between the departmental media and sector managers is as follows:

Multi-skilled inspectors will be employed at national or the next most-appropriate level to check permit-holder compliance with regulatory requirements. Government officials at local level (e.g. Department of Health and Local Government) could be trained as multi-skilled inspectors to perform this function. Monitoring will take the form of external audits conducted by the inspectors or checking of monitoring records and audit reports.

6.3.6 Regulatory instruments

A wide range of management instruments can be used for integrated pollution and waste management. This policy does not intend to prescribe which tools will be used in which instances, but rather outlines the range of instruments currently available and their associated advantages and disadvantages. Those management instruments that best promote the principles, goals and objectives of this policy will be used.

The criteria to be considered for selecting a particular instrument or package of instruments are as follows:

The regulatory range of instruments will draw on direct controls and permits, market based instruments, land-use planning and controls, and voluntary agreements. These instruments will be used in an integrated manner to maximise effective integrated pollution and waste management. A thorough survey of available instruments for integrated pollution and waste management will be conducted as part of the national strategies on pollution and waste.

Command-and-control instrument

Command-and-control instruments involve direct regulation and rely primarily on the application of regulatory instruments, such as standards, permits and land-use controls.

Standards define environmental targets and establish the permissible amount or concentration of particular substances in discharges into air, water and on land. Standards may also include technological specifications for the performance or design of equipment and facilities and the standardisation of samples and analysis methods.

Permits are tied to standards and are also subject to the fulfilment of specific conditions. They facilitate the enforcement of integrated pollution and waste management by including all pollution and waste management obligations in one authorisation. Permits can be withdrawn in cases of non-compliance, or changed as environmental or economic circumstances shift. Similarly, should the permit holder not meet permit conditions, the permit holder can be fined or prosecuted.

Land-use controls: In terms of the Development Facilitation Act, provincial government and municipalities are required to formulate land development plans that must include encouraging environmentally sustainable land development practices. The lead agent will evaluate and address these and other land-use controls and guidelines relevant to integrated pollution and waste management. These controls and guidelines will be developed in collaboration with national, provincial and local governments. Some of the main issues to be addressed include: domestic waste collection and disposal, vehicle emissions and the use of fossil fuel appliances.

Market-based instruments

The objective of economic instruments is to change behaviour by promoting specific innovations that lead to improved environmental performance. In considering economic instruments, it is important to understand the difference between a "charge" and a "tax".

The main purpose of a tax is to generate revenue, while a charge is meant to recover costs (including environmental costs).

Mechanisms to achieve cost recovery will be investigated as part of the National Waste Management Strategy. A prerequisite for the recovery of environmental costs is the ability to price environmental assets correctly, which is a primary objective of environmental resource economics. Different economic instruments are designed to correct different situations. It is therefore important to know the cause of an environmental problem and to ensure that property rights, and environmental awareness and education are taken into account before a choice of market-based instruments is made. Examples of the types of instruments that may be considered in this category include:

Another form of economic instrument is based on the incentive approach, through which investment in, for example, cleaner production technologies, is promoted. This type of instrument will be investigated in collaboration with the Department of Trade and Industry and may include:

Voluntary agreements

Voluntary agreements adopted by industry have been used in many countries as an important complementary approach to pollution reduction, but seldom as a replacement for direct government control. These voluntary agreements can be used to achieve performance in excess of compliance with minimum standards and can include setting pollution reduction targets and penalties for non-compliance. Voluntary programmes that promote pollution reduction, access to information, and the involvement of local communities in integrated pollution and waste management will be encouraged.

The introduction of mechanisms to promote and administer voluntary agreements will be investigated as part of the national strategies on pollution and waste. Issues to be considered include:

6.3.7 Capacity building

Government and civil society will be capacitated through training in integrated pollution and waste management. Emphasis will be placed on the training and skills development of members of disadvantaged groups.

The government will assist people to act in an informed manner by:

Human resource development programme

The human resource development programme of the Department of Environmental Affairs and Tourism will be adjusted to focus on the new policy priorities. The Department will establish links with tertiary education and other training institutions to ensure that training of pollution and waste managers, inspectors, educators and information officers, both for the Department and generally, is appropriate to the new direction contained in this White Paper on Integrated Pollution and Waste Management for South Africa.

Sectoral capacity building

Integrated pollution and waste management will only be successful if personnel at all levels in the Department of Environmental Affairs and Tourism and the provincial environmental departments, as well as all other relevant organisations, organs of State and sectors are developed. Capacity will also have to be built in marginalised and disadvantaged groups, and in small, micro and medium-enterprises. Technical expertise will also have to be promoted.

The lead agent and all other role-players will be involved in partnership activities for capacity building at national, provincial and local levels.

Pollution, waste management and gender

The development of women in relation to integrated pollution and waste management is important for a number of reasons. Since women are the traditional custodians of natural resources in the rural areas, they are also the people who suffer most from degradation of the natural resource base, and their wisdom in this regard should be acknowledged and utilised by government.

This IP&WM policy promotes representation by women at all levels and in all spheres of integrated pollution and waste management, including in political, technical and managerial positions.

6.3.8 Information systems

A central component of the integrated pollution and waste management information system is that it will allow public access to information, based on the constitutional right to be informed.

Government will establish:

Pollution emission information

In order to provide sufficient data for waste minimisation and source-based pollution control, a register of pollutant releases or transfers from a variety of sources will be established. One of the components of the National Waste Management Strategy will be the establishment of a Pollutant Release And Transfer Register. The register will include information about point and non-point (diffuse) releases or transfers to air, water and soil. All waste handlers (collection/transport/disposal contractors) will be required to register. Mechanisms to facilitate public access to the register will be introduced.

The relevant national, provincial and local authorities will also be required to publish regular statistics based on the register. The Department of Environmental Affairs and Tourism will compile and keep this register. The register, especially in its early stages,  will not be expected to provide information on the impact of pollution. The data will, however, provide crucial information to government regulators and to civil society, and can be used to analyse pollution sources according to impact and to prioritise pollution reduction activities.

In designing the register the following issues will be taken into account:

Registration of waste disposal sites

The Environment Conservation Act (No. 73 of 1989) provides for the registration of all waste disposal sites and waste deposits. However, this Act has not been fully implemented. Although a recent survey by the Department of Water Affairs and Forestry identified the majority of waste disposal sites in the country, a register of waste disposal sites is essential for implementing controls. It is a requirement of the IP&WM policy that all waste disposal site operators and owners register their waste disposal sites with the relevant authority.

Constitutional rights to information

The constitutional right of access to information is central to integrated pollution and waste management. The principles of the Open Democracy Bill will be used as the basis for granting access to information in terms of the IP&WM policy.

The Constitution recognises that the provision of information may be a financial and administrative burden on the State and that reasonable measures can be provided to relieve this burden. Mechanisms for establishing the administration of an information system without creating an excessive administrative or financial burden on the State or private sector will be investigated.

Making information accessible

In line with the management philosophy of this IP&WM policy, the government will make available the following types of information:

Data will be transformed into useable information by making it readily understandable to those without technical backgrounds and without sophisticated information technology. Mechanisms to give effect to this approach will be investigated as part of the national strategies on pollution and waste.

In addition to pollution release and concentration data, technological and other information is needed to support pollution reduction efforts. The Department of Environmental Affairs and Tourism will collect information on cleaner technology, best available technologies for pollution control and other information that can assist in integrated pollution and waste management. The establishment of a pollution, waste and cleaner technology information "clearing house" or a network of such information sources, will be investigated. Models of similar bodies will be considered, as well as the financing of the structure.

6.3.9 Research and development

Policy development and decision making on pollution and waste management have to be supported by both applied and basic research. This research should be aimed at developing appropriate technologies and methodologies to ensure sustainable resource use, manage impacts and achieve cleaner production. The government will encourage civil society organisations to establish and participate in research programmes aimed at informing their members on important pollution and waste management issues.

The government will give particular attention to research addressing environmental justice concerns, environmental sustainability and administrative efficiency in terms of integrated pollution management.

Areas requiring research include:

6.4 Roles of Civil Society

All members of society contribute to waste generation and should therefore be part of the solution to the problem of pollution and waste. Mechanisms to increase individuals' and groups' awareness of, and role in waste management will be explored as part of the national strategies on pollution and waste. All sectors of civil society, in particular the following, have a role to play in integrated pollution and waste management:

6.4.1 National Environmental Advisory Forum

In terms of the National Environmental Management Act, the Minister of Environmental Affairs and Tourism will establish a National Environmental Advisory Forum with subcommittees to advise him on environmental issues. A subcommittee for pollution and waste management will be established as a subordinate body to the proposed National Environmental Advisory Forums (see Figure 2). Similar structures will be established to advise the Members of the Executive Council (MECs) at provincial level.


NATIONAL ENVIRONMENTAL
ADVISORY FORUM

not0227b.gif (4157 bytes)

Figure 2: National Environmental Advisory Forum


6.4.2 Business and industry

The Department of Environmental Affairs and Tourism will recognise various levels of environmental performance and commitment, and incentives will be developed in consultation with other relevant departments for companies that are willing and capable of exceeding minimum standards.

Government will recognise the role that business and industry will play in enhancing integrated pollution and waste management performance by:

To promote sustainable economic development, the lead agent will establish mechanisms to facilitate the involvement of business and industry and ensure that, as far as possible, the role of business in running internationally competitive enterprises, exercising management responsibilities and judgements, and discharging their duties as corporate citizens in a clear legal framework is protected.

6.4.3 Labour

Workers tend to be in the front line of pollution problems and exposure to hazardous environments. Therefore, government will recognise the role of the labour sector by:

The lead agent will also provide guidelines, developed in collaboration with labour representatives, for participation in integrated pollution and waste management issues with industry, business and other stakeholders. In addition, measures will be implemented to facilitate participation in integrated pollution and waste management decision making and enforcement, especially where it affects employment.

6.4.4 Community-based organisations

Community-based organisations must have access to integrated pollution and waste management decision making and local information, since many communities live adjacent to polluting industries. Mechanisms and capacity building to ensure their participation will be developed by the lead agent.

Government will recognise the role of communities by:

6.4.5 Non-governmental organisations

Non-governmental organisations have been instrumental in driving the growth of environmental awareness and in advancing the IP&WM policy.Therefore, the government will acknowledge their role by:

6.4.6 The public

Recognising the value and potential of a well-informed and committed citizenry for effecting positive change, the Department of Environmental Affairs and Tourism encourages meaningful public involvement in integrated pollution and waste management issues. Public participation in the regulatory process will therefore be expanded using consensus-based approaches and negotiated rule-making. New ways will also be established to make information more directly accessible and relevant to the public, to build capacity and raise awareness of integrated pollution and waste management issues.

6.4.7 Appeals and complaints

Complaints regarding integrated pollution and waste management decisions and/or implementation will initially be routed through the lowest appropriate sphere of government. If this does not achieve the result required by the complainant, the next level of government may be approached. Provision has been made in the National Environmental Management Act for appeals to the Minister in cases where complaints are not resolved satisfactorily.

7. THE WAY FORWARD

Once this White Paper on Integrated Pollution and Waste Management for South Africa has been approved by the government, a policy implementation phase will be initiated which will address urgent administrative issues, the National Waste Management Strategy and legislative measures.

7.1 Administrative Actions

The following administrative actions will be attended to as a matter of urgency:

7.2 National Waste Management Strategy

The National Waste Management Strategy focuses on and prioritises goals and objectives, requiring action by government and other parties within the next five to ten years. These priorities form the basis for the Action Plan to address the strategic goals set out in this IP&WM policy.The Action Plans include clear timeframes and budgetary allocations for realising  the accompanying objectives. Short-term deliverables from the Action Plan have been included under the goals (Section 5) in this policy.

7.3 Legislative Amendments and Implementation of Legislation

The Department of Environment Affairs and Tourism is currently undertaking a law reform process to identify all the requirements for new and amended legislation pertaining to all aspects of the environment. It is anticipated that this programme will be completed by the end of 2000. The government will consider the ratification of outstanding  international convention on integrated pollution and waste management with a view to giving specific legislative effect to them.


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