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THE LAW AND HAZARDOUS WASTE JUSTICE ACT Eksteen van Wyk 14 July 2016 Now • Gauteng is currently receiving an unprecedented amount of hazardous waste for disposal , recycling or for treatment from other countries • The waste going to Gauteng comes from African countries such as Tanzania, Lesotho, Mozambique, Namibia, Ghana, Nigeria etc. • Additionally, some local recyclers source the waste from overseas or are lobbied to receive such hazardous waste from overseas • Translocation of hazardous waste often from developed countries to developing countries Now II • South Africa and Gauteng increasingly experience the import of used products such as used tyres and electronic equipment • However, often these products arrive in the country or province only to be found non-functional or unusable • So they become waste Constitution • Preamble: improvement of quality of life emphasized • Section 2 o Supreme law of RSA o Invalid actions and law o Obligations imposed to be observed • Section 24 (everyone) a) to environment not harmful to health or wellbeing b) To have environment protected a) b) c) d) Current generation Future generations Legislative and other measures Prevent pollution and ecological degradation NEMA • Preamble: many inhabitants of South Africa live in an environment harmful to their health and well-being • Preamble: everyone has the right to an environment that is not harmful to his or her health or well-being • Preamble: the State must respect, protect, promote and fulfil the social, economic and environmental rights of everyone • Preamble quotes Section 24 • Section 2 Principles: o Guidelines for interpretation environmental laws o (4)(a)(ii) - that pollution and degradation of the environment are avoided, or, where they cannot be altogether avoided, are minimised and remedied NEMA II • (4)(a)(iv) that waste is avoided, or where it cannot be altogether avoided, minimised and re-used or recycled where possible and otherwise disposed of in a responsible manner • (4)(a)(vii) that a risk-averse and cautious approach is applied, which takes into account the limits of current knowledge about the consequences of decisions and actions • (4)(a)(viii) that negative impacts on the environment and on people's environmental rights be anticipated and prevented, and where they cannot be altogether prevented, are minimised and remedied • (4)(c) environmental justice must be pursued so that adverse environmental impacts shall not be distributed in such a manner as to unfairly discriminate against any person, particularly vulnerable and disadvantaged persons • (4)(e) Responsibility for the environmental health and safety consequences of a policy, programme, project, product, process, service or activity exists throughout its life cycle NEMA II • 4(n) global and international responsibilities relating to the environment must be discharged in the national interest • 4(p) the costs of remedying pollution, environmental degradation and consequent adverse health effects and of preventing, controlling or minimising further pollution, environmental damage or adverse health effects must be paid for by those responsible for harming the environment NEMWA • Definition of 'hazardous waste' deleted by s. 1 (b) of Act 26 of 2014??? • However SAWIC defines "hazardous waste" as any waste that contains organic or inorganic elements or compounds that may, owing to the inherent physical, chemical or toxicological characteristics of that waste, have a detrimental impact on health and the environment and includes hazardous substances, materials or objects within the business waste, residue deposits and residue stockpiles • Preamble: the impact of improper waste management practices are often borne disproportionately by the poor • Preamble: poor waste management practices can have an adverse impact both locally and globally International Instruments • The impact of improper waste management practices globally are often borne disproportionately by the poorer nations/ developing world • Basel Convention • Bamako Convention • Basel Response to Bamako Basel Convention • • • • International treaty 1989 Regulating trans-boundary movement of hazardous waste Seeks to regulate, not to prohibit If a country intends exporting hazardous waste to another o a consultation with the destination country is required o the destination location needs to be communicated to the destination country o destination country needs to accept shipment before • Aim is to make movement of hazardous waste very costly – negative incentive for industries to cut down on production of hazardous waste • Ratified by RSA in 1994 Bamako Convention • • • • • • • • • Continental treaty 1990 African developing nations feel that Basel inadequate More stringent than Basel Total ban on the import of hazardous waste into Africa for any reason Not even for recycling or reclamation However intra-African translocation allowed Criticism – unsustainable Edna Molewa in Pariament in 2014 - RSA not intending to ratify, because of potential negative impact on RSA waste management industry RSA to date has not ratified Bamako Basel Response to Bamako • Ban Amendment to the Basel Convention • 1995 • Prohibits export of hazardous waste from developed countries, directing no export of their waste to developing countries • Aims to protect developing countries, which may not have the capacity to deal with hazardous waste, from the imports of hazardous waste from developed countries • Indications are that it will be ratified by RSA • 13 October 2015 NCOP Committee Ban Amendment under Basel Convention discussed • DIRCO Newsflash 17 July 2014: Cabinet approved that RSA ratify Ban Amendment under Basel Convention Implications • RSA may only accept hazardous waste from SADEC countries not having the capacity to deal with hazardous waste • RSA may export the hazardous waste RSA cannot handle, but then only to countries (e.g. EU) having the capacity to deal with such hazardous waste • DEA in NCOP Committee in 2015: no negative economic implications - imports of hazardous waste from non-SADEC countries for recovery or final disposal already restricted The End [email protected]