National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)

Chapter 2 : National Waste Management Strategy, Norms and Standards

Part 1 : National waste management strategy

6. Establishment of national waste management strategy

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(1)The Minister must, within two years of the date on which this section takes effect, by notice in the Gazette establish a national waste management strategy for achieving the objects of this Act, which must include—
(a)objectives, plans, guidelines, systems and procedures relating to the protection of the environment and the generation (including the avoidance and minimisation of such generation), re-use, recycling, recovery, treatment, disposal, use, control and management of waste in order to achieve the objects of this Act;
(b)mechanisms, systems and procedures for giving effect to the Republic's obligations in terms of relevant international agreements;
(c)practical measures for achieving co-operative governance in waste management matters;
(d)guidance on raising awareness regarding the impact of waste on health and the environment;
(e)approaches for securing compliance with the requirements of this Act, including the monitoring of compliance; and
(f)any other matter that the Minister considers necessary for achieving the objects of this Act.

 

(2)The national waste management strategy may include targets for waste reduction.

 

(3)The national waste management strategy—
(a)binds all organs of state in all spheres of government, and all persons if and to the extent applicable; and
(b)may, subject to section 3 of the Intergovernmental Fiscal Relations Act, 1997 (Act No. 97 of 1997), allocate and delineate responsibilities for the implementation of this Act amongst—
(i)the different spheres of government; and
(ii)different organs of state.

 

(4)An organ of state must give effect to the national waste management strategy when exercising a power or performing a duty in terms of this Act or any other legislation regulating waste management.

 

(5)The national waste management strategy—
(a)may differentiate between different geographical areas;
(b)may differentiate between different classes or categories of waste;
(c)may provide for the phasing in of its provisions;
(d)may be amended; and
(e)must be reviewed by the Minister at intervals of not more than five years.

 

(6)Before publishing the national strategy, or any amendment to the strategy, the Minister must follow a consultative process in accordance with sections 72 and 73.

 

(7)Subsection (6) need not be complied with if the strategy is amended in a non-substantive manner.