Waste Legislation

The Waste Act

The National Environmental Management; Waste Act, No 59 of 2008 came into effect on 1 July 2009. The main objectives of the Waste Act are as follows:

The National Environmental Management; Waste Act, No 59 of 2008 came into effect on 1 July 2009. The main objectives of the Waste Act are as follows:

1. Promote an integrated approach in dealing with waste which focuses on prevention, minimization and responsible disposal of waste.
2. Ensure that waste is properly managed in order to minimise its potential to cause damage to the socio-economic and bio-physical environments.
3. To build capacity and assist the South African industrial sector to properly manage waste by requiring provinces and municipalities to develop integrated waste management plans that are co-ordinated and aligned with the relevant integrated development plans and other plans and programmes of provincial and national government.
4. To provide guidance to regulatory authorities.
5. To assist the industrial sector in moving to improved waste management practices.
6. To provide for industry waste management plans at a national level for industries that cross provincial boundaries as well as at a provincial level for industry specific to a particular province.
7. To ensure that a National Waste Management Strategy is established within two years of the Act coming into effect, in order to realize the Republic’s obligations in terms of relevant international agreements.
8. To ensure alignment of provincial and national waste management standards.
9. To promote the principles of reduce, re-use, recover, recycle.
10. To ensure responsible waste disposal.
11. To prevent pollution and ecological degradation.

Waste in South Africa is currently governed by means of a number of pieces of legislation, including:

• The South African Constitution (Act 108 of 1996)
• Hazardous Substances Act (Act 5 of 1973
• Health Act (Act 63 of 1977)
• Environment Conservation Act (Act 73 of 1989)
• Occupational Health and Safety Act (Act 85 of 1993)
• National Water Act (Act 36 of 1998)
• The National Environmental Management Act (Act 107 of 1998)
• Municipal Structures Act (Act 117 of 1998)
• Municipal Systems Act (Act 32 of 2000)
• Mineral and Petroleum Resources Development Act (Act 28 of 2002)
• Air Quality Act (Act 39 of 2004)
• National Environmental Management: Waste Act, 2008 (Act 59 of 2008)
• National Environmental Management: Waste Amendment Act, 2014 (Act 26 of 2014)

Source: http://sawic.environment.gov.za

Copies of the above legislation can be sourced from http://www.polity.org.za/pol/acts/