CHEMICALS%20AND%20WASTE%20MANAGEMENT%20BRANCH

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CHEMICALS AND WASTE MANAGEMENT BRANCH

• PCEA Presentation on Waste Economy, Job Creation,
  Cooperatives and Multilateral Environmental
  Agreements on Chemicals and Waste
• that South Africa is party to

PCEA MEETING 02 JUNE 2015
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PRESENTATION OUTLINE

• Background and Introduction
• National Pricing Strategy for Waste
• Industry Waste Management Plans
• Job Creation
• SMMEs / Cooperatives
• Bureau
• Waste Licensing
• Asbestos Remediation
• Challenges
• Multilateral Environmental Agreements on
  Chemicals and Waste that South Africa is party to
• Recommendations

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BACKGROUND AND INTRODUCTION
2012 National Waste Management Strategy
2010 National Policy for the Provision of Basic
Refuse Removal Services to the Indigents
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BACKGROUND AND INTRODUCTION 2

• In 1999 the first generation National Waste
  Management Strategy was developed.
• While this was a good initiative, without
  supporting legislation it was not considered
  binding by many.
• In 2000 - the Integrated Pollution and Waste
  Management Policy.
• This policy set the objectives for the country in
  relation to pollution control and not for waste
  management only.
• In 2001, a Conference on Waste was held in
  Polokwane recognises waste management as a
  priority for all SA.

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BACKGROUND AND INTRODUCTION3

• There is an urgent need to reduce, reuse and
  recycle waste in order to protect the
  environment.
• We reaffirmed commitment to the objectives of the
  White Paper on Integrated Pollution and Waste
  Management (IPWM), A Policy on Pollution
  Prevention, Waste Minimisation, Impact Management
  and Remediation and the National Waste Management
  Strategy (NWMS).

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NATIONAL WASTE MANAGEMENT STRATEGY
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BACKGROUND AND INTRODUCTION 5

• Prior promulgation of the National Environmental
  Management Waste Act in 2008 (The Waste Act),
  no common vision existed for waste management in
  South Africa.
• In 2010 a National Policy for the Provision of
  Basic Refuse Removal Services to the Indigents
  was developed as a strong Governments commitment
  to offering waste services
• A second version of the National Waste Management
  Strategy came in in 2012
• The 2014, National Environmental Management
  Waste Amendment Act brought about the new
  developments such as the National Pricing
  Strategy for Waste, the new approach to Industry
  Waste Management Plans (IndWMP)s, and the Waste
  Bureau to contribute to waste economy through
  recycling

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BACKGROUND AND INTRODUCTION 6

• The following tools have also been used to
  contribute to waste and recycling economy
• Waste tyre regulations
• Norms and standards for waste collection
• Norms and standards for waste disposal
• Waste classification regulations
• Waste information regulations
• Plastic bag regulations
• Solid Waste Tariff Setting Guidelines for Local
  Authorities
• Organic waste composting standards
• And various other guidelines

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PRICING STRATEGY FOR WASTE MANAGEMENT

• The Draft Strategy has developed
• A stakeholder consultation process was conducted
• National Government Departments, Provinces, SARS
  and industry were consulted
• The Draft Strategy was approved by the Minister
  for publication in the Gazette for a 60 day
  commenting period and it was published in
  February 2015
• The Department is currently finalising the
  comments and responses database for the comments
  that we received as part of finalising the
  strategy for Ministers approval and
  implementation.

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PRICING STRATEGY FOR WASTE MANAGEMENT CONT 2
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INDUSTRY WASTE MANAGEMENT PLANS

• 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 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 existing recycling
  rates
• The Department has prioritised the Waste Tyres
  IndWMP, approved in 2012 and currently under
  implementation), Paper and Packaging, E-waste,
  and Lighting IndWMP for this financial year
  2015/16.

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INDUSTRY WASTE MANAGEMENT PLANS 2

• Part 7 of the Waste Act
• Based on the Extended Producer Responsibility
• Attempts to respond to most of the goals of the
  NWMS

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JOB CREATION

• Paper and Packaging IndWMP, 1000 per month
• E-Waste IndWMP, about 3000 per month
• Lighting IndWMP, about 100 per month
• There existing jobs created through the waste
  tyre plan

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SMMEs / COOPERATIVES

• IndWMP for waste tyres approved in Nov 2012.
• Additional IndWMPs to be considered
• Paper and Packaging
• E-Waste
• Lighting

The number of potential SMMEs/Cooperatives to be
developed will be ascertained as part of the
development of the IndWMPs for these sectors
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SMMEs / COOPERATIVES WASTE TYRE
Category GP WC EC MPU LIM NW NC FS Total
Transporters 22 29 8 6 5 2 1 5 96
Depots 6 2 2 1 1 - 1 1 20
Processors 3 - - 1 - - - - 5
Micro Collectors 60 - - - - - - - 60
TOTAL 91 31 10 8 6 2 2 6 181
March 2015 Stats
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SMMEs / COOPERATIVES WASTE TYRE

• The number of SMME/Cooperatives in an area is
  influenced by the following
• Quantities of waste tyres available
• Availability of treatment facilities
• Level of roll out of the plan (Collection level)

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BACKGROUND ON THE BUREAU

• The NEM Waste Amendment Act established the
  Waste Management Bureau.
• Sub-section 1 of the NEMWAA calls for an
  implementation Bureau dealing with waste
  management to be known as the Waste Management
  Bureau, established within the Department.

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FUNCTIONS OF THE BUREAU

• In summary, the functions of the Bureau include
  but not limited to the following
• Providing specialist waste management services,
• Collecting the waste revenue from the various
  waste streams,
• Disbursement of incentives and funds derived from
  waste management charges,
• Identify and promote best practices in the
  minimisation, re-use, recycling or recovery of
  waste, and
• To progressively build capacity of the Bureau to
  support municipalities in the Development and
  implementation of integrated waste management
  plans and capacity building programmes.

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PROGRESS ON WASTE BUREAU

• A policy for waste management bureau has been
  developed.
• The relevant National Pricing Strategy for the
  Waste Management in South Africa has been
  developed and published for public comments
  closed on the 2nd April 2015, after which the
  Pricing Strategy is currently being finalised for
  publishing for implementation.
• The Department has provided data on the
  prioritised waste streams to National Treasury
  for the Minister of Finance to determine a policy
  statement for collection of a levy related to the
  prioritised waste stream.
• Subsequent to the data submitted to the National
  Treasury, a Policy Statement was made by the
  Minister of Finance in his budget speech where he
  announced the tyre levy from the waste streams
  for which data was submitted to National
  Treasury.
• It is anticipated that the announcement similar
  announcements will be made on the other waste
  streams.

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HISTORICAL BACKGROUND OF THE LICENSING PROJECT
The Department Environmental Affairs commissioned a study in 2007 aimed at identifying and determining the number of waste disposal facilities were not licenced throughout the country (Consultant Jeffares Green) The study further assisted in the development of a strategy on how to assess negative environmental impacts that may be caused by these facilities and to ensure that they are authorised for continued operation or closure. After the study was commissioned and 341 sites identified, an action plan was developed and presented to the DEA (Table. 1)
CHALLENGES
Insufficient information contained in reports which result in the delayed issuance of RoDs and Waste Licenses Replacement of sites by Municipalities during projects implementation Land ownership - in mining areas Appointment of EAPs for similar sites by municipalities Determination of sites requiring specialist studies during projects implementation which results to additional funding - for example 1. Geotechnical 2. Wetland studies
SUMMARY OF PERFORMANCE LICENSING PROJECT SUMMARY OF PERFORMANCE LICENSING PROJECT SUMMARY OF PERFORMANCE LICENSING PROJECT SUMMARY OF PERFORMANCE LICENSING PROJECT SUMMARY OF PERFORMANCE LICENSING PROJECT SUMMARY OF PERFORMANCE LICENSING PROJECT SUMMARY OF PERFORMANCE LICENSING PROJECT
Province Total Sites of applications received (Province) of Reports submitted - decision making Reports -outstanding information DWA RoD received WML issued
EC 31 31 31 0 31 31
FS 23 23 20 3 16 16
KZN 12 12 12 0 02 02
LP 06 06 06 01 06 05
MP 26 26 26 0 26 22
NC 14 14 13 0 12 12
NW 15 15 14 0 14 14
WC 75 75 75 0 75 73
Total 202 202 193 4 176 174
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PHOTOGRAPHIC INSIGHT Lungs exposed to asbestos

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PHOTOGRAPHIC INSIGHT Lungs exposed to asbestos

Malignant pleural mesothelioma (Asbestos caused
disease)
Asbestos Fibres in Lungs
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BACKGROUND ON ASBESTOS REMEDIATION
Cabinet tasked DEA in 2004 to undertake a study to assess the extent of secondary asbestos contamination in SA The study was completed in 2006 and showed that there are different levels of contamination in four provinces (NC, L, MP NW). In 2006 DEA took the study further by developing a remediation plan costing model for contaminated areas. The 2008 study included the social impact assessment (SIA) to assess the exposure of asbestos to relevant communities. We further investigated remediation options as well as financial implication
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BACKGROUND ON ASBESTOS REMEDIATION CONT
No Action Alternative In this regard all the contaminated areas will be left the way they are (non-remediated) Permanent Relocation In this regard minimal or no remediation will be applicable, but will be case specific. This can be regarded as the most reliable and permanent solution to the problem. However, this is dependent on whether the communities are willing to relocate and the extent of contamination Temporary relocation (In-situ Remediation) In this regard there will be a need for temporary relocation of the community while remediation is being carried out (estimated 10 yrs.) NB selection of the remediation option is based on cognizance of asbestos hazards to people, hence appropriate measures will be taken during remediation.
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PROGRESS ON ASBESTOS REMEDIATION
Priorities for the coming three years Limpopo 88 km gravel road to be tarred - R 176m (Estimated at 2m per km) 2 Schools to be demolished and rebuild - R 20m Demolish, rebuild Traditional Council offices pave the yard - R 5m Build Traditional Council offices pave the yard - R 3m Northern Cape 802km gravel road to be tarred - R 1604m (estimated at 2m per km) Demolish rebuild 3 schools - R 15m TOTAL R 1 823m
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CHALLENGES ON WASTE MANAGEMENT
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CHALLENGES ON WASTE MANAGEMENT

• Waste minimisation, re-use, recycling and
  recovery are relatively new concepts in South
  Africa, where waste management has historically
  been limited to disposal to landfill. Fostering
  waste minimisation, re-use, recycling and
  recovery has thus been met with the following
  challenges such as the following
• Lack of adequate funds to implement the necessary
  systems and infrastructure.
• Embedded behavioural norms, and beliefs (e.g. the
  belief that recycling and waste management)
• Lack of understanding of the economic
  opportunities associated with waste management.
• Capacity limitations of waste management agencies
  including local authorities (e.g. lack of
  technical and financial resources)
• Unsupportive legal and regulatory frameworks
  especially at local authority level, where
  recycling is viewed as an unfunded mandate and
  hence may not be reflected in the municipal
  bylaws.
• Low prioritisation of waste in organisational
  structures.

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CHALLENGES ON WASTE MANAGEMENT 2

• A growing population and economy, which means
  increased volumes of waste generated.
• Increased complexity of waste streams.
• Lack of reliable waste data.
• Lack of recycling infrastructure.
• Growing pressure on outdated waste management
  infrastructure.
• Under-pricing of waste services.
• Waste Disposal is still the most common waste
  management option

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CHALLENGES ON WASTE MANAGEMENT 3
Stats SA, 2011
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PROPOSED SOLUTION TO CHALLENGES

• The National Waste Management Strategy (NWMS)
  includes facilitating waste minimisation, re-use,
  recycling and recovery, and extended producer
  responsibility.
• Industry Waste Management Plans as envisaged in
  the NWMS of 2012 - the contribution to the
  socio-economic imperatives. Industry waste
  management plans (IndWMPs) thus have the
  following key attributes
• Alignment with the Waste Hierarchy.
• Awareness and capacity building.
• Funding that enables the development and
  implementation of all the necessary systems and
  required infrastructure. These funds are then
  used to implement the IndWMPs and Waste Bureau.
• Empowerment of previously disadvantaged
  individuals.
• Data and information management. (White River
  Resolutions).
• Research and development .
• Implementation of Multilateral Environmental
  Agreements on Chemicals and Waste that South
  Africa is Party to.

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• Multilateral Environmental Agreements on
  Chemicals and Waste
• that South Africa is party to

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Purpose
CONFIDENTIAL

• To brief the Portfolio Committee on Environment
  about the Chemicals and waste MEAs that South
  Africa is a Party to, and
• To request the Portfolio Committee on Environment
  to approve the ratification by SA of the Ban
  Amendment.

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What are Multilateral Environmental Agreements
(MEAs) (Chemicals and Waste)
CONFIDENTIAL

• UNEP has been focusing on coordinating scientific
  research and collective action globally to
  mitigate the possible negative impacts of
  chemicals and waste
• MEAs play a critical role in the overall
  framework of environmental laws and conventions.
• They complement and enhance national legislation
  and bilateral or regional agreements
• MEAs form the overarching international legal
  basis for global efforts to address possible harm
  to the environment and human health. 
• Since 1994, SA has become a Party to various MEAs
  
• DEA is the Focal Point for the Chemicals and
  Waste MEAs in SA

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(1) The Stockholm Convention on Persistent
Organic Pollutants (POPs)(1)
CONFIDENTIAL

• Primary Objective
• The SC is a global treaty to protect human health
  and the environment from highly dangerous,
  long-lasting, long range chemicals by restricting
  and ultimately eliminating their production, use,
  trade, release and storage.
• It bans immediately all production and use of
  some POPs and allows registration of exemptions
  of some POPs to narrowly prescribed purposes.
• POPs remain intact in the environment for long
  periods and gradually accumulate in the fatty
  tissue of living organisms and can cause cancer
  and birth defects.
• POPs may also disrupt immune and reproductive
  systems and even diminish intelligence.
• POPs chemicals can be found in pesticides, paint
  additives, heat exchange fluids, transformers,
  sealants and plastics.

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(1) The Stockholm Convention on Persistent
Organic Pollutants (POPs)(2)

• Implementation
• SC bans the production of PCBs but give countries
  until 2025 to take action to phase out the use of
  equipment containing PCBs.
• The recovered PCBs must be treated and eliminated
  by 2028.
• PCBs Developing an inventory in order to plan
  for the phase out of PCB containing equipment.
• SA applied for exemption to continue using DDT
  for controlling disease vectors such as malarial
  mosquitoes.
• SA developed a National Implementation Plan (NIP)
  in 2012 to implement the SC in SA for the first
  12 POPs.
• Updating of the NIP is being done to include the
  additional POPs.
• Developed an inventory of 10 newly listed POPs
• SA became a Party on 04 September 2002.

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(2)The Rotterdam Convention on Prior Informed
Consent Procedure for Certain Hazardous Chemicals
and Pesticides in International Trade(1)

• Primary Objective
• The RC was adopted in 1998 to promote shared
  responsibility and cooperative efforts among
  Parties in the international trade of certain
  hazardous chemicals
• It facilitates information exchange about their
  characteristics, potential dangers, safe handling
  and use among countries
• It operates through the Prior Informed Consent
  (PIC) procedure,
• The CRC is its scientific body responsible for
  scrutinising potential dangers of the chemical
  brought to its attention,
• The CRC may recommend to the COP the listing of
  the said chemical or pesticide and the COP would
  take a decision on the recommendation.
• SA became a Party to the RC on the 04 September
  2002.

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(2)The Rotterdam Convention on Prior Informed
Consent Procedure for Certain Hazardous Chemicals
and Pesticides in International Trade(2)

• Implementation
• SA has in 2009 developed a National Action Plan
  (NAP) to implement the RC
• DEA is the Designated National Authority (DNA)
• DEA monitors the import of listed hazardous
  chemicals
• SA applies the notification and a control system
  as set out in the RC.
• Pursuant to International Trade Administration
  Act (ITAC) No. 71 of 2003, a permit is required
  to be issued by the ITAC before any chemical
  identified in Annex III of the Convention can be
  imported or exported.
• A MOU between ITAC and DEA details the
  coordination and consultation procedures with
  regard to import and export of chemicals in Annex
  III.
• ITAC receives a request for an import or export
  permit, it consults with the DEA, and then the
  DEA recommends to ITAC whether the request should
  be accepted or rejected based on the provisions
  of the RC and SA Law to ascertains whether the
  chemical in question is still allowed to be used
  in SA, any restrictions, etc).

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(3). The Vienna Convention for the Protection of
the Ozone Layer/The Montreal Protocol on
Substances that Deplete the Ozone Layer(1)

• Primary objective
• The Montreal Protocol was designed to reduce the
  production and consumption of ozone depleting
  substances in order to reduce their abundance in
  the atmosphere, and thereby protect the earths
  fragile Ozone Layer.
• It was agreed on 16 September 1987 and entered
  into force on 1 January 1989.
• The Protocol introduced control measures for some
  Chlorofluorocarbons (CFCs) and halons for
  developed countries (non-Article 5 Parties).
• Special provisions for developing countries
  include provision of financial and technical
  assistance, and granting these countries a 10 to
  15 years grace period for the compliance with
  the control provisions
• It has the Technology and Economic Assessment
  Panel and the Multilateral Fund
• There is an ongoing discussion to amend the
  Protocol in order to include HFCs, which are
  Greenhouse Gases discussed under the UNFCCC.

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(3). The Vienna Convention for the Protection of
the Ozone Layer/The Montreal Protocol on
Substances that Deplete the Ozone Layer(2)

• Implementation
• So far halons, Chlorofluorocarbons (CFCs), Methyl
  chloroform and Carbon tetrachloride, have been
  phase out
• Parties are required to develop a phase out
  management plan (HPMP) which SA has
• Convene Hydrochlorofluorocarbons (HCFCs) and
  Methyl Bromide stakeholders meetings for
  coordination of implementation of HPMP
• We control the consumption of HCFCs with the
  objective of phasing them out by 2040
• DEA allocated quotas to importers of HCFCs
• DEA facilitate the permitting of HCFCs imports
  and exports (working together with ITAC)
• SA is in the process of phasing out Methyl
  Bromide,
• DEA facilitates applications for critical use
  where there are no suitable alternatives

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(4) The Minamata Convention on Mercury(1)
CONFIDENTIAL

• Objective
• The objective of this Convention is to protect
  human health and the environment from
  anthropogenic emissions and releases of mercury
  and mercury compounds.
• High levels of mercury in pregnant women can
  negatively affect foetal neurological
  development, and it has been linked to lowered
  fertility, brain and nerve damage, motor-neuron
  disease and heart disease.
• The text of the Minamata Convention was finalised
  and greed at the fifth session of the INC in
  Switzerland during January 2013.
• The Minamata Convention was adopted and opened
  for signature at the Diplomatic Conference for
  the Minamata Convention on Mercury, in October
  2013 in Minamata, Japan.

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(4) The Minamata Convention on Mercury2
CONFIDENTIAL

• Implementation
• The Minamata Convention provides for controls and
  reductions across a range of products, processes
  and industries where mercury is used, released or
  emitted.
• Under the provisions of the Minamata Convention,
  Governments have agreed on a range of
  mercury-containing products whose production,
  import and export will be banned by 2020.
• The Convention will also control mercury emission
  and releases from large-scale industrial plants
  such as coal-fired power stations, industrial
  boilers, and waste incinerators and cement
  clinkers facilities.
• The Convention will enter into force once 50
  countries have ratified it
• SA signed the Convention in 2013, and will
  undertake a study to determine the socio-economic
  implications that will determine whether SA
  ratify the Convention.

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(5) The Basel Convention on the Transboundary
Movement of Hazardous other Waste (BC) (1)
CONFIDENTIAL

• The BC is an international treaty that regulates
  the transboundary movement of hazardous and other
  wastes
• It applies the Prior Informed Consent
  procedure, meaning that shipments made without
  consent are illegal, unless there is a special
  agreement
• The BC states that hazardous wastes should be
  treated and disposed of as close to where they
  are produced as possible
• The Convention obliges its Parties to ensure that
  hazardous and other wastes are managed and
  disposed of in an environmentally sound manner
  (ESM)
• The BC was developed in response to the dumping
  of hazardous waste by the developed countries to
  developing countries.

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Background to the Basel Convention (BC)(1)
CONFIDENTIAL

• The BC is an international treaty that regulates
  the transboundary movement of hazardous and other
  wastes
• It applies the Prior Informed Consent
  procedure, meaning that shipments made without
  consent are illegal, unless there is a special
  agreement
• The BC states that hazardous wastes should be
  treated and disposed of as close to where they
  are produced as possible
• The Convention obliges its Parties to ensure that
  hazardous and other wastes are managed and
  disposed of in an environmentally sound manner
  (ESM)
• The BC was developed in response to the dumping
  of hazardous waste by the developed countries to
  developing countries.

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Background to the Basel Convention (BC)(2)
CONFIDENTIAL

• The Conference of the Parties (COP) is the
  supreme body of the Convention
• The COP holds its sessions on a biennial basis.
• The COP makes, within its mandate, the decisions
  necessary to promote the effective implementation
  of the Convention.
• South Africa has been a party to the BC since
  1994.
• South Africa also hosts the BC Regional Centre
  for English-speaking African countries, known as
  the Africa Institute
• The Africa Institute provides capacity building,
  training, information exchange, etc, to parties
  of the region

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BC Ban Amendment-Background (1)
CONFIDENTIAL

• The BC was amended in 1995 to include what is
  termed the Basel Ban Amendment
• The Ban prohibits the export of hazardous waste
  from the EU and OECD countries, as well as
  Liechtenstein, to members of the BC who are not
  from these countries
• The Ban was implemented to protect developing
  countries from receiving imports of hazardous
  waste from developed countries
• The concern grew as a result of the practice of
  shipment of hazardous wastes from industrialised
  countries to developing countries.
• Most developing countries do not have the
  capacity to handle such waste
• At COP 1 in 1992, Parties adopted Decision I/22
  requesting industrialised countries to refrain
  from exporting hazardous wastes for disposal to
  developing countries

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BC Ban Amendment-Background (2)
CONFIDENTIAL

• In 1994, at the COP 2 to the BC, Parties agreed
  to ban immediately all export of hazardous wastes
  from OECD to non-OECD countries for final
  disposal
• As decision II/12 on the Ban Amendment was not
  incorporated in the text of the Convention
  itself, it was not clear whether it was legally
  binding or not.
• Therefore, at the third COP in 1995, it was
  decided that the Ban Amendment be formally
  incorporated in the Basel Convention, in the form
  of an Amendment to the Convention.
• They also agreed to ban the export of hazardous
  wastes intended for recovery and recycling by 31
  December 1997
• The Ban Amendment is constituted of a new
  preambular paragraph to the Basel Convention,
  Article 4A and Annex VII to the Convention.

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BC Ban Amendment in full
CONFIDENTIAL

• The Ban Amendment in full, states that
• "Each party listed in Annex VII shall prohibit
  all trans-boundary movements of hazardous wastes
  which are destined for operations according to
  Annex IV A (disposal operations - operations
  which do not lead to the possibility of resource
  recovery, recycling, reclamation, direct re-use
  or alternative uses), to States not listed in
  Annex VII. Each party listed in Annex VII shall
  phase out by the 31 December 1997, and prohibit
  as of that date, all trans-boundary movements of
  hazardous wastes under Article 1, paragraph 1 (a)
  of the Convention which are destined for
  operations according to Annex IV B (operations
  which may lead to resource recovery, recycling
  reclamation, direct re-use or alternative uses)
  to States not listed in Annex VII. Such
  trans-boundary movements shall not be prohibited
  unless the wastes in question are characterized
  as hazardous under the Convention".

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Entry into force of the BC Ban Amendment (1)
CONFIDENTIAL

• The agreement on the entry into force of the Ban
  Amendment was reached at the 10th COP in October
  2011
• It has not yet entered into force due to lack of
  sufficient ratifications
• It will enter into force globally once
  three-quarters of those Parties that were Parties
  when the amendment was adopted have deposited
  their instrument of ratification
• Currently 49 of the 88 Parties of the Convention
  at the time of COP 3 have ratified the Ban,
  leaving a further 16 ratifications to bring the
  amendment into force.

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Entry into force of the BC Ban Amendment (2)
CONFIDENTIAL

• The entry into was delayed by the disagreement on
  whether to include the parties that joined the
  Convention after the decision on the Ban
  Amendment was adopted in 1995, or also those that
  also joined thereafter
• The agreement was reached at COP 10 in Columbia,
  in 2011
• Switzerland and Indonesia played a crucial role
  in brokering the deal
• The agreement on the entry into force is regarded
  as a watershed in the history of the BC, and a
  victory for developing countries

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Examples of hazardous waste dumping
CONFIDENTIAL

• The importation into the port of Lagos, Nigeria
  in 1987of 18,000 barrels (2,900 m3) of hazardous
  waste from Italy
• having agreed to pay a local farmer 100 per
  month for storage of barrels containing toxic
  waste including polychlorinated biphenyls.
• The Probo Koala case in 2006 in Côte dIvoire
  where a European company shipped and dumped its
  hazardous waste composed of cleaning chemicals
  and gasoline and crude oil slop into an Ivory
  Coast lagoon of the capital Abidjan
• At least 10 people were killed and making tens of
  thousands ill.

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BC Implementation in SA
CONFIDENTIAL

• DEA is the focal point of the BC in SA
• Applies the PIC procedure as in other MEAs
  mentioned previously
• Also uses the ITAC MoU mentioned previously
• Imports hazardous waste from the SADC Region
• Does not import hazardous waste from OECD
  countries, but is able to export to these
  countries as per the Convention.
• Ensures that the importing company has the
  technology and capability to handle the waste
  being imported

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Reasons why SA should ratify the Ban Amendment (1)
CONFIDENTIAL

• SA will play a crucial role in contributing
  towards the Ban Amendment coming into force
• SA is recognized as an important role player
  globally
• SA already applies the notification and control
  system as set out in the BC
• Ratifying will complement what is already
  practiced in SA
• Pursuant to International Trade Administration
  Act (ITAC) No. 71 of 2003, a permit is required
  to be issued by ITAC before any wastes identified
  in Annex III of the Convention can be imported or
  exported
• There is an MOU between ITAC and DEA detailing
  the coordination and consultations procedures
  with regard to import and export of waste

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Reasons why SA should ratify the Ban Amendment (2)
CONFIDENTIAL

• At the 12th session of AMCEN, held in SA in 2008,
  African Ministers of the Environment called for
  those African countries which have not yet done
  so to ratify the Ban Amendment
• SA fully supports the objectives of the Ban,
  recognising that Africa in particular, has no
  capacity to adequately deal with hazardous wastes
  
• The Ban Amendment will make a significant
  contribution to reducing Africas problems
  regarding dumping of hazardous wastes
• SA has increasingly experienced imports of used
  products such as used tyres, electronic equipment
  and others being imported as used goods but often
  being waste.

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Reasons why SA should ratify the Ban Amendment (3)
CONFIDENTIAL

• Ratifying the Ban Amendment will have no negative
  economic or other implications for SA
• SA already restricts imports of hazardous and
  other waste from countries other than SADC for
  recovery or final disposal
• It will only have positive implications for the
  environment and human health
• SA does, in line with the Ban Amendment, accept
  waste from SADC countries which do not have the
  necessary capacity to dispose of hazardous waste
  in their own countries.
• Export of hazardous wastes and other waste from
  SA to non-OECD as well as OECD-countries, are not
  affected by the Ban Amendment
• SA would be able to continue to send waste abroad
  for recovery and disposal in accordance with the
  BC.

55
Legal opinion sought regarding the proposed
ratification (1)
CONFIDENTIAL

• The Dept. of Justice and Correctional Services
  was consulted to ascertain whether the
  ratification of the Ban will not conflict with
  SAs domestic laws.
• It indicated that the ratification will not
  conflict with SAs domestic laws
• The State Law Advisor at DIRCO was also consulted
  to ascertain whether the Ban will not conflict
  with SAs international obligations.
• DIRCO indicated that it will not conflict with
  SAs existing international obligations.

56
Parties consulted regarding the proposed
ratification (1)
CONFIDENTIAL

• There is an existing forum for discussing and
  formulating chemicals and waste positions,
  policies, and implementation issues, known as the
  Multi-stakeholder Committee on Chemicals
  Management (MCCM).
• The MCCM also discusses proposed positions and
  implementation of chemicals and waste MEAs
• Relevant stakeholders were consulted through the
  MCCM to ascertain the health, environmental, and
  economic impacts of ratifying the Ban Amendment.
  
• These stakeholders include the dti, DAFF, DIRCO,
  DoH, DoL, DST, DOT, NGOs such as Groundworks, and
  industry associations such as CAIA, AVCASA

57
Parties consulted regarding the proposed
ratification (2)
CONFIDENTIAL

• The consultation process took about 2 years
• MCCM members concluded that the ratification will
  have positive environmental and health effects
  for the country
• They also concluded that the proposed
  ratification will not have detrimental economic
  effects for SA

58
Recommendations
CONFIDENTIAL

• It is recommended that the Portfolio Committee
• Notes the chemicals and waste MEAs that South
  Africa is Party to, and progress with regard to
  their implementation.
• Approves South Africas ratification of the Basel
  Convention Ban Amendment.

59
RECOMMENDATIONS 2
PCEA to note progress on the Waste Economy, Job Creation, cooperatives and Multilateral Environmental Agreements on Chemicals and Waste that South Africa is party to