To license or not to license? Listed or Unlisted? Presented by: Stuart Gower-Jackson
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1 To license or not to license? Listed or Unlisted? Presented by: Stuart Gower-Jackson
2 Order of proceedings 1. Classification of activities and an easy explanation on how to determine which activities qualify and which ones don t qualify for licensing 2. The intention behind the licensing regulations and the spirit of the law 3. Where and how to license activities and all other licensing regulations in Gauteng Jeffares & Green (Pty) Ltd 2
3 Waste in South Africa is currently governed by means of a number of pieces of legislation 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) Jeffares & Green (Pty) Ltd 3
4 The Waste Act There is one National Law that governs all waste in South Africa. The National Environmental Management: Waste Act (no. 59 of 2008) (The Waste Act). Jeffares & Green (Pty) Ltd 4
5 Understanding The Waste Act The Waste Act states that Waste Producers are responsible for the waste they generate. It also holds businesses involved in waste management and recycling accountable for the waste they manage. The Waste Act Aims to: protect human health and the environment provide for the licensing and control of waste management activities; provide for national norms and standards for regulating the management of waste; and provide for a national waste information system Jeffares & Green (Pty) Ltd 5
6 The Minister of Environmental Affairs published the following Regulations, and Norms & Standards for immediate implementation in Government Gazette No dated 23 August R634 Waste Classification & Management Regulations R635 National Norms & Standards for the Assessment of Waste for Landfill Disposal R636 National Norms & Standards for Disposal of Waste to Landfill Jeffares & Green (Pty) Ltd 6
7 R634 Waste Classification & Management Regulations "waste classification" means establishing- (a) whether a waste is hazardous based on the nature of its physical, health and environmental hazardous properties (hazard classes); and (b) the degree or severity of hazard posed (hazard categories); Jeffares & Green (Pty) Ltd 7
8 Defining Waste National Environmental Management Laws Amendment Act (Act 14 or 2013) 38. Section 1 of the NEM:WA, 2008, amended the definition of waste : Waste means that any substance, whether or not that substance can be reduced, re-used, recycled [and] or recovered (a) that is surplus, unwanted, rejected, discarded, abandoned or disposed of; (b) which the generator has no further use of for the purposes of production; (c) that must be treated or disposed of; or (d) that is identified as a waste by the Minister by notice in the Gazette; and includes waste generated by the mining, medical or other sector, but - (i) a by-product is not considered waste; and (ii) any portion of waste, once re-used, recycled [and] or recovered, ceases to be waste;
9 To license or not to license? Listed or Unlisted? Section 19(1) of NEM:WA states that; No Person may commence, undertake or conduct a waste management activity listed in this schedule unless a license is issued in respect of that activity. Jeffares & Green (Pty) Ltd 9
10 Licensing of Waste Management ACTIVITIES 1. Storage of waste, 2. Reuse, recycling and recovery of waste 3. Treatment of waste, 4. Disposal of waste, 5. Storage, treatment and processing of animal waste 6. Storage of hazardous waste, and 7. The construction of facilities to undertake the above. Jeffares & Green (Pty) Ltd 10
11 In-depth look at the Listed Activities Category B A = Scoping Basic Assessment and EIA Jeffares & Green (Pty) Ltd 11
12 Storage of Waste 1) Temporary or permanent storage of general waste whose total capacity is over 100m 3 in a facility at any one time. 100m 3 = 3 Shipping containers (30m 3 ) Jeffares & Green (Pty) Ltd 12
13 Storage of Waste 4) Temporary or permanent storage of waste tyres in an area exceeding 500m 2 Jeffares & Green (Pty) Ltd 13
14 Reuse, Recycling and Recovery 5) A facility that can process more than one ton of general waste per day by means of sorting, shredding, grinding or baling 1 ton (1000kg) = 20 bags of cement Jeffares & Green (Pty) Ltd 14
15 Reuse, Recycling and Recovery 7) Recycling or re-use of general waste of more than 10 tons per month Jeffares & Green (Pty) Ltd 15
16 Reuse, Recycling and Recovery 8) The recovery of waste including the refining, utilisation or co-processing of waste at a facility that has the capacity to process in excess of 3 tons of general waste or less than 500kg of hazardous waste per day excluding where this happens as an internal process Jeffares & Green (Pty) Ltd 16
17 Treatment of Waste 11) Includes The treatment the establishment, of effluent, wastewater upgrading or sewage and some with cases an annual the maintenance throughput capacity of of more than 2000 cubic meters but less than cubic meters. Exceed cubic meters triggers a full EIA Jeffares & Green (Pty) Ltd 17
18 Disposal 15) The disposal of general waste to land covering an area of more than 50m 2 but less than 200m 2 and with a total capacity not exceeding tons Exceed 200m 2 or tons triggers a full EIA Dispose any amount of hazardous waste triggers a full EIA Jeffares & Green (Pty) Ltd 18
19 Authority Responsibilities Provincial Government General Waste National Government Hazardous Waste Sewage E-waste Jeffares & Green (Pty) Ltd 19
20 Obtaining a Waste Management Licence If you trigger a listed activity, you will be required to apply for a Waste Management Licence. The assessment will ensure that the facility does not negatively impact the environment The legislation requires that an INDEPENDENT ENVIRONMENTAL PROFESSIONAL conducts the assessment, The process will take between 8 and 14 months to complete Operating without a licence, is considered unlawful and you can be fined or imprisoned. The maximum fine is R and / or 10 Years imprisonment. Jeffares & Green (Pty) Ltd 20
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23 Thank You Jeffares & Green (Pty) Ltd 23
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