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Waste Management By-law, 2021
- Published in Gauteng Provincial Gazette no. 349 on 13 October 2021
- Commenced on 13 October 2021
- [Up to date as at 26 November 2021]
Interpretation, principles and objects
3. Main objects
4. Obligations of generators or holders of waste
5. Provision of information to the CouncilThe Council may, by notice published in the Provincial Gazette or in writing to any specific holder or generator of waste or any other person who undertakes a waste management activity within the Council's jurisdiction, require the relevant persons to provide information in the prescribed form and within the prescribed period or at the prescribed intervals to the Council to enable it to:(a)facilitate effective waste management within its jurisdiction;(b)gather information and undertake strategic planning regarding the delivery of the municipal service;(c)assess waste minimisation within the Council’s jurisdiction;(d)prepare its integrated waste management plan;(e)fulfil the Council’s internal and external waste management reporting requirements;(f)furnish information as required by the Waste Act to the provincial or national government;(g)identify specific data collection methods and equipment to be used for purposes of collecting waste management information; and(h)for such other purpose as the Council may specify.
Integrated waste management
6. Designation of waste management officer
7. Preparation and reporting on the implementation of integrated waste management plan by Council
8. Contents of integrated waste management plans of the Council
9. Annual progress reporting by Council
10. Preparation and reporting on the implementation of integrated waste management plans by certain generators or holders of waste
11. Contents of integrated waste management plans by certain generators or holders of waste
12. Waste information system
Handling of different waste types
Part 1 – Event waste
13. Use of accredited service providerA venue owner or organiser of an event is required to contract with an accredited service provider for the provision of waste management services to the event.
14. Obligation to prepare an event waste management plan and the minimum content of the plan
15. Refundable deposit
16. Recovery of clean-up costsIf inadequate steps are taken after an event to manage waste generated by the event and to clean up all waste generated during the event—(a)the venue owner or organiser is liable for the full cost of the cost of the collection, clean-up, recycling and disposal of the waste generated by the event.(b)the Council may take such steps as may be necessary to manage the waste generated by the event including arranging for the collection, cleanup, recycling and disposal of the waste generated by the event.(c)Any costs which the Council may incur pursuant to (b) above may in the first place be recovered from the deposit paid by the venue owner or organiser and thereafter the Council may recover these costs from the venue owner or organiser through other legal measures at its disposal.
Part 2 – Building waste – New and demolished buildings
17. Preparation and approval of a building waste management plan
18. Deposit and demonstrating compliance with the building waste management plan
19. Generation and management of building wasteAll generators of building waste must ensure that—(a)no additions or alteration of any structure should be done without making provision for waste that will be generated from the site;(b)recyclable and non-recyclable waste is separated;(c)non-recyclable waste is treated or disposed of in an environmentally sound manner;(d)until disposal, all building waste, together with the containers used for the storage, collection or disposal thereof, is kept on the premises on which the waste was generated;(e)the premises on which the building waste is generated, do not become unsightly and no nuisance is caused by accumulated building waste;(f)any building waste which is blown off or washed away from the premises is promptly retrieved, stored in receptacles or containers;(g)any structure necessary to contain the building waste is constructed; and(h)any instruction from the Council regarding the management and storage of building waste, including any structures to be constructed is adhered to.
20. Storage of building waste
21. Collection and disposal of building waste
Part 3 – Hazardous and health care risk waste
22. Generation of hazardous or health care risk waste
23. Storage of hazardous or health care risk waste
24. Collection and disposal of hazardous or health care risk waste
Part 4 – Garden waste
25. CompostingThe owner or occupier of premises on which garden waste is generated may compost garden waste on the premises, provided that such composting does not cause a nuisance nor has a detrimental impact on human and environmental health and adheres to any relevant legal requirements including obtaining any authorisations from a competent authority should such be required.
26. Removal and disposal of garden waste
Part 5 – Bulky waste
27. Removal and disposal
Part 6 – Industrial waste and special waste
28. StorageThe owner or occupier of premises on which industrial or special waste is generated must ensure that until such time as the waste is collected by an accredited service provider from the premises on which it is generated or removed—(a)the waste is stored in accordance with applicable legislation, national standards and the latest edition of SANS Code of Practice in approved containers which are not kept in a public place; and(b)no nuisance, health risk or environmental damage is caused by the waste in the course of its generation or storage.
29. Collection and disposal
Part 7 – Tyres, disused vehicles or machinery and scrap metal
30. Storage and disposal
Part 8 – Recyclable waste
31. Storage, collection and disposal
Part 9 – Agricultural and farm waste
Waste minimisation and recycling
33. Reduction, re-use, recycling and recovery of waste should result in less environmental harm than disposing of waste
34. Registering with the Council and compliance with national and provincial laws
35. Obligation to separate waste into recyclables and non-recyclables
36. Storage, collection, treatment, transportation and disposal of recyclable waste
37. Establishment of waste picker associations
38. Application for accreditation
39. Suspension and revocation of the accreditation permit
40. Terms and conditions of accreditation
41. Renewal of accreditation permits
42. Display of an accreditation permit
43. Prohibited conduct
Part 1 – Providing access to the municipal service
44. Duty to provide access to the municipal service
45. The provision of the municipal service
46. Levels of service
47. Frequency and volume
48. Communal collection
50. Agreement of service and Liability to pay for municipal service
Part 2 – Using the municipal service
51. Obligations of generators of domestic waste, municipal service business waste and municipal service dailies
52. Determination of tariffs and charges
53. Indigent households
54. Communication, education, awareness creation and complaints
Part 1 – Provision of commercial services by accredited service providers and flow control
55. Provision of commercial services by accredited service providers
56. Provision for Council co-ordination of waste disposal
Part 2 – General business waste and industrial waste
57. Storage, collection and disposal of commercial business waste and industrial wasteThe owner or occupier of premises on which commercial business or industrial waste is generated or stored, must ensure that:(a)until such time as such waste is collected by an accredited service provider from the premises on which it was generated or stored, the waste is stored in a bulk container or other approved waste receptacle;(b)the container or receptacle in which the waste is stored, is not kept in a public place except when so required for collection;(c)adequate measures are taken to prevent accidental spillage, leaking or waste being blown away;(d)nuisances such as odour, visual impacts and breeding of vectors do not arise;(e)pollution of the environment and harm to health are prevented; and(f)the waste is collected and disposed of or recycled by an accredited service provider within a reasonable time after the generation thereof but at least within 30 days;
Part 3 – Organic waste and un-compactable waste
58. Storage, collection and disposal of organic waste and un-compactable waste
Transportation, treatment and disposal of waste
59. Transportation of waste
60. Disposal of waste
Accreditation of service providers
61. Accreditation permit requirements
62. Applications for accreditation
63. Suspension and revocation of accreditation permit
64. Terms and conditions for accreditation
65. Renewal of accreditation permits
66. Display of an accreditation permit
67. Prohibited conduct
68. ExemptionsThe Council may, having regard to the main objects of these By-laws contemplated in section 3(1), and its integrated waste management plan, by notice in the Provincial Gazette, exempt any type of commercial service from any provision of this Chapter to the extent and subject to the terms specified in such notice.
69. Transitional provisions
Accumulating waste, littering, dumping and abandoned articles
70. Accumulating waste
71. Duty to provide facilities for litter
72. Prohibition of littering
73. Prohibition of dumping and abandoning articles
74. Duty to prevent land or building used for dumping
75. Disposal of dumped or abandoned articles
76. Dumping: whistle-blowing
77. Dumping: naming and shaming
78. Identification documents
79. Powers of authorised officials
80. Powers to question
81. Observance of human rightsThe exercise by an authorised official of any powers under these By-laws should be undertaken with strict regard to decency; orderliness; and each person’s human rights including the right to dignity, freedom, security and privacy.
82. Supervision of holders of accreditation permits
83. Compliance notices
86. Serving of documentsA notice, instruction, order or other document which has to be served for the purposes of these By-laws, is regarded to have been properly served or delivered if—(a)it has been served on or delivered to the person concerned personally;(b)it has been sent by registered post or speed post to the person concerned at his or her last known address; and(c)it has been served on a person apparently not less than 16 years of age and apparently in charge of the premises at the addressee’s last known address.(d)if his or her address and agent are unknown, when it has been posted in a conspicuous place on the immovable property, if any, to which it relates.
87. Offences and penalties
88. AppealsAn appeal against a decision of an official or representative of the Council acting under delegated authority must be submitted, processed and considered in terms of section 62 of the Local Government: Municipal Systems Act, as amended, read with the National Environmental Management Act 107 of 1998: National Appeal Regulations, as amended.
89. Repeal of by-lawsThe by-laws listed in Schedule 1 to these By-laws are hereby repealed.
90. Short titleThese By-laws are called the City of Johannesburg Metropolitan Municipality: Waste Management By-laws, 2021
History of this By-law
13 October 2021 this versionPublished in Gauteng Provincial Gazette no. 349By-law commences.