National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)Chapter 2 : National Waste Management Strategy, Norms and StandardsPart 1 : National waste management strategy6. Establishment of national waste management strategy |
| (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. |