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National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)

Chapter 2 : National Waste Management Strategy, Norms and Standards

Part 2 : National norms and standards, provincial norms and standards and waste service standards

9. Waste service standards

 

(1) A municipality must exercise its executive authority to deliver waste management services, including waste removal, waste storage and waste disposal services, in a manner that does not conflict with section 7 or 8 of this Act.

 

(2) Each municipality must exercise its executive authority and perform its duty in relation to waste services, including waste collection, waste storage and waste disposal services, by—
(a) adhering to all national and provincial norms and standards;
(b) integrating its waste management plans with its integrated development plans;
(c) ensuring access for all to such services;
(d) providing such services at an affordable price, in line with its tariff policy referred to in Chapter 8 of the Municipal Systems Act;
(e) ensuring sustainable services through effective and efficient management;
(f) keeping separate financial statements, including a balance sheet of the services provided.

 

(3) In exercising its executive authority contemplated in subsection (1), a municipality may furthermore, amongst other things, set—
(a) local standards for the separation, compacting and storage of solid waste that is collected as part of the municipal service or that is disposed of at a municipal waste disposal facility;
(b) local standards for the management of solid waste that is disposed of by the municipality or at a waste disposal facility owned by the municipality, including requirements in respect of the avoidance and minimisation of the generation of waste and the re-use, recycling and recovery of solid waste;
(c) local standards in respect of the directing of solid waste that is collected as part of the municipal service or that is disposed of by the municipality or at a municipal waste disposal facility to specific waste treatment and disposal facilities; and
(d) local standards in respect of the control of litter.

 

(4) Whenever the Minister or MEC acts in terms of this Act in relation to a municipality, the Minister or MEC must seek to support and strengthen the municipality's ability or right to perform its functions in relation to waste management activities.

 

(5)
(a) Whenever a municipality intends passing a by-law so as to give effect to subsection (1), it must follow a consultative process provided for in Chapter 4 of the Municipal Systems Act.
(b) Paragraph (a) need not be complied with if the by-law is amended in a non-substantive manner.