Chemicals and Waste Management

1. BRIEFING ON THE PROGRESS REGARDING THE IMPLEMENTATION OF THE INDUSTRY WASTE MANAGEMENT PLANS1 NOVEMBER 2016 Chemicals and Waste Management

2. Presentation Outline • Purpose • Background • Industry Waste Management Plans • Summary of Comments • Consultation • Amendments to the Draft Section 28 Notice • Further Consultation • Final Section 28 Notice • Representations • Discussion • Recommendations

3. Purpose • To provide the briefing to the Portfolio Committee on Environmental Affairs on the progress regarding the implementation of the Industry Waste Management Plans (IndWMPs)

4. Background • A Draft Section 28 (S28) Notice was published on 24 July 2015, calling for the development of the Industry Waste Management Plans for the following industry sectors; • Paper and Packaging, • Lighting, and • Electrical and Electronic Waste.

5. Background …2 • The commenting period was 30 days. • There were requests received for extension for a further 30 days by the industry sectors to provide comments due to consultation within their various constituencies. • Extensions were granted – final date for submission of comments was 30 September 2015.

6. An Industry Waste Management Plan (IndWMP) for any particular waste stream should ensure the holistic management of that waste stream from the points of generation, collection and transportation, storage as well as processing. • All supporting programmes such as awareness, capacity building and research should also be included. • The work done through the IndWMPs will promote the recycling sector. • The prioritisation of waste streams to be managed through the application of an IndWMP is dependent on several factors: • the severity of potential impacts of a specific activity or waste stream, • available resources for regulation, • the level of maturity of a specific sector, • the level of organisation existing or possible, • the level of cooperation and a good track record of compliance by the sector, • existing management measures, and • existing recycling rates

7. Industry Waste Management Plans (IndWMPs) are the primary tools used in the waste sector to facilitate cradle to cradle (holistic) management of waste streams in a manner that promotes job creation and SMME/Cooperative development. • Part 7 of the Waste Act • Based on the Extended Producer Responsibility • Attempts to respond to most of the goals of the National Waste Management Strategy

8. Goal 1: Promote waste minimisation, re-use, recycling and recovery of waste Goal 8: Establish effective compliance with and enforcement of the Waste Act. Goal 2: Ensure the effective and efficient delivery of waste services National Waste Management Strategy Goals: NWMS Goal 3: Grow the contribution of the waste sector to the green economy Goal 7: Provide measures to remediate contaminated land Goal 6: Ensure sound budgeting and financial management for waste services Goal 4: Ensure that people are aware of the impact of waste on their health, well-being and the environment Goal 5: Achieve integrated waste management planning

9. Aim: • Provide a framework for the implementation of economic instruments in the SA waste sector • Objectives: • Mainstream the Polluter Pays Principle • Reduce the generation of waste • Increase the diversion of waste away from landfill towards reuse, recycling and recovery • Support the growth of a southern African (regional) secondary resources economy from waste National Pricing Strategy for Waste Management

10. Industry Waste Management Plans …4 • Section 34 of the act indicates that the Waste Management Bureau be established as juristic person with the function of acting as a specialist implementing agent within the Department in respect of matters such as: • managing the disbursement of incentives and funds, identify & promote best practises in the minimisation, re-use, recycling or recovery of waste. • With the greatest role being that of monitoring the implementation of the various Industry Waste Management Plans (IndWMPs)and its overall governance.

11. Summary of Comments on S28 Notice • Definition of Lighting Equipment • Definition of Paper • Definition of Processing • Definition of Packaging • Definition of Producer

12. Summary of Comments on S28 Notice...2 • Provide clarity on the scope of the “trading document” requirements. • The inclusion of the registration number on trading documents. • The 12 month period to develop the plan is too short. • The 70% requirement as part of the plan.

13. Summary of Comments on S28 Notice...3 • The role of the Product Responsibility Organization. • Incentives schemes must be clearly defined. • How will free riders be dealt with? • Separation at source. • Which cost model will be used to fund the IndWMP?

14. Summary of Comments on S28 Notice...4 • Empowerment, previously disadvantaged individuals (PDI) are outside the scope of the Waste Act. • The informal sector’s inclusion in the plan. • Compliance and Enforcement issues. • Objection to the inclusion of Offences.

15. Consultation • Upon completion of the Comments and Response Register, meetings were held with the 3 affected sectors. • The Notice was amended taking into account the inputs received from the sectors.

16. Amendments to the Draft Section 28 Notice • The removal of the provision to include the registration number on all trading documents. • The registration limited to only the producers. • Included a timeframe for responding to the registration of producers. • Removal of the 70% requirement. • 30 days for registration. • 3 months to draft and submit Industry Waste Management Plans.

17. Final Section 28 Notice • The Final S28 Notice was published on 12 August 2016 for implementation. • On the 12 September 2016 was deadline for registration as “Producers”. • The deadline for submission of the Plans was the 12 November 2016. • The National Pricing Strategy was published on the 11 August 2016 to work together with the Industry Waste Management Plans. • The Draft Waste Tyre Amendment Regulations were also published on the 11 August 2016 to align the Waste Tyre Plan with the Waste Amendment Act, 2014 and the National Pricing Strategy for Waste.

18. Further Consultation • Workshop held on 29 June 2016 at PlasticsSA. • The 3 affected sectors were present during this session. • Concerns on the 3 months period were received and the Notice was amended timeframes from Paper & packaging sector and Lighting sector. • Electrical and Electronic sector agreed to the new timeframes.

19. Representations • The Department received approximately 20 written requests for extension to timeframes. • The Department also received a copy of a High Court application to challenge the timeframes by REDISA, (the Tyre Plan). • Approximately 80 written enquiries on the Final Notice seeking clarity on various provisions were processed.

20. Discussion • Comprehensive comments received. • Comments and response register developed. • Meetings with individual sectors were held to respond to the comments. • Some of the comments were vague and some demonstrated misunderstanding of the Notice. • Clarity was obtained to enable the Department to analyse and respond to the comments.

21. Discussion …2 • The Plans are part of a process of implementing the Extended Producer Responsibility (EPR). • The Plans are not for individual companies but for a group of companies in the same sector, hence the previous requirement for 70% of producers in the Sector. • The consultation process, complexity of the sectors, and the time required to develop the plans required that the extension be granted. • The extension of the timeframes didn’t result in any non-compliance by the companies or sector involved. • It is mainly during the operation of the Plan where the manufacturers who are not members of a Plan will be in non-compliance with legislation.

22. Discussion …3 • During recent consultations, industry has raised concerns about the 30 Days timeframes for registration of producers and the 90 Days timeframes for development of the industry Waste Management Plans. • A decision to withdraw the original Notice on 12 September 2016 was considered based on the comments from Industry inputs. • A New revised Notice was published for public comment for 30 days on 12 September 2016 with new timeframes. • The New S28 Notice gives industry 12 months register with the Minister and 12 months from registration to submit the Plans, based on the requests from Industry. • Industry requested further engagement on the Notice prior to publishing the final Notice. • The engagement will address the concerns relating to amongst others the timeframes, 70% requirement, importers and producers. • It is envisaged that based on the above, the final Notice will be published before the end of the year.

23. Discussion …4 • In 2009, the Waste Tyre Regulations were promulgated. • In November 2012, the REDISA Plan was approved including targets for jobs. • In June 2014, Waste Amendment Act was passed, making provision for development of the National Pricing Strategy, establishment of the Bureau, and development of the Money Bill. • In 2015, the Waste Tyre Levy introduced. • In 2016, the R 2.30 amount for Waste Tyre Levy was announced. • In 2016, the Schedule for Waste Tyre Levy was introduced for collection of the Levy by SARS from 1 October 2016 which has moved to 1 February 2017. • The Department is working on the alignment of REDISA Plan with the above. • The Department is also conducting a mid-term performance review of REDISA against the approved Plan on the following; Governance, Job creation, Finance, SMME development, Support to Waste Processors, Establishment of Recycling Infrastructure, and any deviation from the Plan. • Subject to the outcome of the performance review; corrective and remedial measures will be instituted.

24. Recommendation • The Parliament Portfolio Committee on Environmental Affairs notes the progress on the implementation of the Industry Waste Management Plans (IndWMPs).

25. Thank You