Waste Governance refers to the political, social, economic, legislative and administrative systems in place that influence the management of waste. Waste refers to materials produced by human activity and can involve solid, liquid, gaseous or radioactive substances that can have an unacceptable effect on human health, the environment, and aesthetics. Waste management refers to activities undertaken to reduce these impacts, which includes the collection, transportation, storage, processing, resource recovery, recycling or treatment and disposal of waste materials.
The National Environmental Management: Waste Act 59 of 2008 (NEM:WA) came into effect on 1 July 2009. It aims to consolidate waste management in South Africa, and contains a number of commendable provisions that will greatly assist in improving waste management decision-making in the country, including a number of Norms and Standards for aspects such as the storage of waste,and the classification of waste for purposes of disposal. The NEM:WA is however not the only statute that is applicable to how we deal with our waste, and has to be understood in the context of other environmental, and especially administrative legislation, such as the Promotion of Administrative Justice Act 2 of 2000. For the responsible mine, industry, or local government manager, knowledge about your organisations’ waste, how to effectively manage it in a responsible and sustainable manner, and what the legal requirements are that you have to adhere to, is crucial.
South Africa, a water scarce country, has adopted a law and policy framework for water which is regarded as among the most progressive worldwide. Our water law is based upon the constitutional recognition of the right of access to water and the right to an environment that is not harmful to health and well-being, and ensures prevention of pollution and sustainable use of natural resources.
The National Water Act 36 of 1998 (NWA) places the water resources of South Africa under control of the Minister of Water and Sanitation, who is the public trustee of our water resources, and who is tasked to protect, manage and control the use of our water resources. The use of water is defined under the NWA to include both consumptive use such as abstraction, and non-consumptive use such as altering the beds of watercourses, using water resources to discharge waste, recreation, etc. As such, the Minister of the Department of Human Settlements, Water and Sanitation (DHSWS) has the power to decide who can use water under which circumstances. Water can only be used under governance of one of four (4) types of Water Use Authorisations, namely a water use declared under Schedule 1 of the NWA, a General Authorisation, a continuation of an Existing Lawful Use (ELU), or in terms of a Water Use License (WUL).
Failure to obtain a WUL where one is required, and failure to comply with the conditions of a WUL, once issued, can give rise to severe penalties and risks for a company or local authority. There are however many constrains, difficulties and pitfalls in the water use license application (WULA) process that can hamper applicants from being successful with their applications, or that can delay the WULA process for years, or that can result in the issuing of a WUL that is not aligned with the site-specific situation, which creates difficulties with compliance, and has associated liabilities.
 Course Objective and Structure
The aim of this 3-day Masterclass is to facilitate a practical understanding of the issues associated with waste generation, storage, transportation, treatment and disposal, and to discuss sustainable solutions to these issues based on legislative requirements, taking cognisance of the integrated waste management hierarchy for waste minimisation and sustainable disposal, and addressing Integrated Waste Management Planning, Waste Classification, and the authorisation of waste management activities and facilities, in the context of South African administrative legislation.
Specific Course Outcomes
In order to achieve the Course Objectives, specific outcomes of the Course include providing delegates with:
- an appreciation of the Concepts and Principles underpinning Sustainable Integrated Waste Management from the perspective of Waste Governance,
- an overview of the current administrative governance and Regulation of Waste-related issues in South Africa and Africa, and duties and liabilities associated with the improper handing of waste;
- an understanding of the National Waste Management Strategy, and the need for Integrated Waste Management Planning;
- the ability to develop Integrated Waste Management Plans that can be integrated with systems such as SANS: ISO14001;
- understanding how to reduce risks posed by waste at source, by discussing the definition of waste, waste classification and categorisation in the context of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS); waste minimisation, cleaner production and extended producer responsibility;
- understanding how to reduce risks posed by waste to human health and environmental impacts, by discussing waste treatment technologies; management of emissions to the atmosphere and management of effluents to water resources;
- a grasp of how to reduce risks posed by waste to land and groundwater resources, by discussing waste disposal, and appropriate measures for site selection, design, operation and maintenance of waste management facilities;
- ability to recognise and address the remediation of land contaminated through historically poor waste disposal practices; and
- a Practical Exercise aimed at grasping the concepts and topics covered in a group discussion situation.
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Who should attend?
This course is aimed at company directors, waste management officers, waste management consultants, environmental managers, and government officials (national, provincial and municipal).
Entrance requirements
At minimum, a Grade 12 certificate. Preferably also:
- some tertiary education in at least one of the fields of environmental management; OR
- understanding of general environmental management and environmental issues; OR
- some relevant activities and responsibilities in at least one of the fields of environmental management.
Course Certificate
A Certificate of Attendance is issued to those delegates who completed the Training Course in accordance with applicable evaluation requirements.
Course Dates
Please see scheduled Course Dates here.
A minimum number of twelve attendees are required for the course to proceed, and a maximum number of 25 delegates can be accommodated. Should more than the maximum number of delegates register for the course, additional Course Dates will be scheduled.
Registration and Course Cost
Please refer to our page containing the relevant Registration Details regarding Course Costs and possible applicable discounts, where the Course Registration Form can be completed.
Please note that seating is limited, and registrations will be handled on a first-come-first-serve basis.
The implementation of sustainable water resources management initiatives and measures in South Africa through environmental framework legislation such as the NEMA, and the Promotion of Administrative Justice Act (PAJA), as well as the NWA, WSA, and relevant regulations under these statutes, including the National Water Resource Strategy (NWRS), are discussed.
The course facilitates understanding of a number of relevant provisions in the NWA that relate to water use authorisation and the circumstances under which a WUL is required, as well as of the process to apply for (and amend) a WUL. Practical aspects associated with the substantive and procedural issues around WULAs, as currently described in regulations, procedures and guidelines of the DHSWS, including the preparation of specific documents such as Integrated Water and Waste Management Plans (IWWMPs), and regulatory requirements for water quantity and quality monitoring, the auditing of compliance with WUL-conditions, the amendment of an incorrect WUL, as well as aspects relating to the transfer of water use as well as servitudes associated with authorised water use are also covered.
The course content has been updated in 2017 to address the aspects contained in the new Regulations regarding the Procedural Requirements for Water Use License Applications (WULAs) and Appeals (GN R267), which were published on 24 March 2017.
The National Water Act 36 of 1998 (NWA) places the water resources of South Africa under control of the Minister of Water and Sanitation, who is the public trustee of our water resources, and who is tasked to protect, manage and control the use of our water resources. The use of water is defined under the NWA to include both consumptive use such as abstraction, and non-consumptive use such as altering the beds of watercourses, using water resources to discharge waste, recreation, etc. As such, the Minister of the Department of Human Settlements, Water and Sanitation (DHSWS) has the power to decide who can use water under which circumstances. Water can only be used under governance of one of four (4) types of Water Use Authorisations, namely a water use declared under Schedule 1 of the NWA, a General Authorisation, a continuation of an Existing Lawful Use (ELU), or in terms of a Water Use License (WUL).
Failure to obtain a WUL where one is required, and failure to comply with the conditions of a WUL, once issued, can give rise to severe penalties and risks for a company or local authority. There are however many constrains, difficulties and pitfalls in the water use license application (WULA) process that can hamper applicants from being successful with their applications, or that can delay the WULA process for years, or that can result in the issuing of a WUL that is not aligned with the site-specific situation, which creates difficulties with compliance, and has associated liabilities.