22/4/2022

NUST
DEPARTMENT OF ENVIRONMENTAL SCIENCE & HEALTH
Management of Solid & Hazardous Waste
ESH2203

Policy & Legal Aspects in “The hard part is not making a decision but
Solid & Hazardous Waste living with it.”
Management ~ Unknown

April 2022
Dr A. Maviza

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Background & Overview  The world is faced with a huge task of sustainable
Basel Convention (Summary of provisions) management of solid & hazardous waste
Bamako Convention (Summary of provisions)  Having noted that, the United Nations Environment
Rio Declaration Programme (UNEP) organised a first ad hoc working group
Other International Agreements to prepare a global convention on the control of
SADC & Waste management policies transboundary movements of hazardous wastes
SHW Management Legal Provisions for Zimbabwe  The ad hoc group met in Budapest, October 1987
Application of the laws  A 2nd meeting was organised in 1988 leading to the UNEP
Solid Waste policy issues Convention on Hazardous Waste being held in Basel,
Case Country: Botswana Switzerland in March 1989
 Basel Convention (as it is popularly known) was signed by
116 states & the final Act adopted by 105 states & the EU

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 The united nations environment program (unep)
adopted the Cairo Guidelines & Principles for the
Environmentally Sound Management of Hazardous
Wastes, or Cairo Guidelines on Waste Trading, in 1987.
 The guidelines dealt with the nature & transport of
hazardous wastes, primarily by sea, & the informed
consent to be given by states through whose territory
the waste passed & the prior notification that states
were to receive.
 These guidelines were necessary to regulate the
increasing flows of such wastes & their often-toxic
nature.
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 The Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes &
their Disposal was adopted on 22 March 1989 by
the Conference of Plenipotentiaries in Basel,
Switzerland, in response to a public outcry
following the discovery, in the 1980s, in Africa &
other parts of the developing world of deposits of
toxic wastes imported from abroad.
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 Since the Convention permitted trade in hazardous wastes, a sharp
division developed between developed countries & those from
North as African Union members advocated for a total ban on
transboundary movement of hazardous wastes
 Some developed nations also supported the position from
developing countries & vice versa
 This led to African Union (then OAU) members adopting a
Convention on the Ban of Importation into Africa & the Control of
transboundary movement & management of Hazardous Wastes
Within Africa in Bamako (Mali capital)
 The Convention has not yet entered into force as some AU
members are signatories to the Basel Convention
 The summary provisions for the 2 ‘contradictory’ Conventions are
presented in the following slides
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 Awakening environmental awareness & corresponding
tightening of environmental regulations in the
industrialized world in the 1970s & 1980s had led to
increasing public resistance to the disposal of hazardous
wastes – in accordance with what became known as the
NIMBY (Not In My Back Yard) syndrome – & to an escalation
of disposal costs.
 This in turn led some operators to seek cheap disposal
options for hazardous wastes in Eastern Europe & the
developing world, where environmental awareness was
much less developed & regulations & enforcement
mechanisms were lacking.
 It was against this background that the Basel Convention
was negotiated in the late 1980s, & its thrust at the time
of its adoption was to combat the “toxic trade”, as it was
termed.
 The Convention entered into force in 1992.
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Objective Of the Treaty
 The overarching objective of the Basel Convention is
to protect human health & the environment against
the adverse effects of hazardous wastes.
 Its scope of application covers a wide range of
wastes defined as “hazardous wastes” based on their
origin and/or composition & their characteristics, as
well as two types of wastes defined as “other
wastes” - household waste & incinerator ash.
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 The Bamako Convention on the Ban of the Import into
Africa & the Control of Transboundary Movement &
Management of Hazardous Wastes within Africa (1991)
 The Bamako Convention is a treaty of African nations prohibiting
the import into Africa of any hazardous (including radioactive)
waste. Came into force in 1998.
ORIGIN
 The Bamako convention is a response to Article 11 of Basel
convention which encourages parties to enter into bilateral,
multilateral & regional agreements on Hazardous Waste to help
achieve objectives of the convention. The impetus for the Treaty
arose also from:
◦ The failure of Basel Convention to prohibit trade of hazardous waste to
less developed countries (LDCs);
◦ The realization that many developed nations were exporting toxic wastes
to Africa (Koko case in Nigeria, Probo Koala case in Ivory Coast…).
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 The Basel Convention stipulated that:
◦ Hazardous wastes generation & transboundary movements should
be minimised
◦ Every state has the right to ban the importation of hazardous
wastes into its territory
◦ Hazardous wastes should be safely disposed of both within &
outside contracting countries
◦ The state of export must re-import transboundary hazardous waste
if it cannot be properly disposed of in the intended country of
importation
◦ Transboundary movements outside the provisions of the Convention
are illegal
 Follow URL for more:
http://www.basel.int/Home/tabid/2202/mctl/ViewDetails/
EventModID/8295/EventID/443/xmid/8052/Default.aspx
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SPECIFICITY
 The Bamako convention uses a format & language similar to that of the
Basel convention, but: Is much stronger in prohibiting all imports of
hazardous waste.
 It does not make exceptions on certain hazardous wastes (like those for
radioactive materials) made by the Basel convention.
PURPOSE OF THE CONVENTION
 Prohibit import of all hazardous & radioactive wastes into the African
continent for any reason;
 Minimize & control transboundary movements of hazardous wastes
within the African continent.
 Prohibit all ocean & inland water dumping or incineration of hazardous
wastes.
 Ensure that disposal of wastes is conducted in an “environmentally
sound manner ".
 Promote cleaner production over the pursuit of a permissible emissions
approach based on assimilative capacity assumptions
 Establish the precautionary principle.
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STATUS OF THE CONVENTION
 Negotiated by 12 nations of the African Union (former OAU) at
Bamako, Mali in January, 1991.Came into force in 1998.
 To date: 29 Signatories, 25 Parties
SUBSTANCES OR CHEMICALS
 Convention covers more wastes than the Basel Convention as it not
only includes radioactive wastes but also considers any waste with a
listed hazardous characteristic or a listed constituent as a hazardous
waste.
 Also covers national definitions of hazardous waste.
 Finally, products that are banned/severely restricted or have been
subject of prohibitions are also covered under Convention as
wastes.
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Bans the importation of hazardous wastes, including radioactive
into Africa
Bans the dumping of hazardous wastes at sea & international
waters
Requires that hazardous wastes generation be audited
Imposes strict, unlimited, joint & several liability on hazardous
waste generation
Commits African countries to strive to adopt & implement the
preventive, precautionary approach to pollution problems
resulting from wastes generated
Commits each member to take appropriate measures to promote
co-operation among developing nations in the implementation of
the Convention
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GENERAL OBLIGATIONS
 Countries should ban the import of hazardous & radioactive
wastes as well as all forms of ocean disposal.
 For intra-African waste trade, parties must minimize the
transboundary movement of wastes & only conduct it with
consent of the importing & transit states among other
controls.
 They should minimize the production of hazardous wastes &
cooperate to ensure that wastes are treated & disposed of in
an environmentally sound manner.
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Provides for unsettled disputes between countries involving
transboundary hazardous waste movement to be referred to the
ad hoc organ or the International Court of Justice
 NB
Most AU countries have failed to ratify this Convention as they
are already bound under the Basel Convention
South Africa was formally accepting transboundary hazardous
wastes
African countries face an uphill task of policing dumping into
international waters & illegal importation, especially under
disguise of international help
Agro-chemical & pharmaceutical industries are easy targets as
expired chemicals & pharmaceuticals are donated
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 UN’s Agenda 21 makes provisions for the sustainable
management of both solid & hazardous wastes
 Chapters 21 & 22 of Agenda 21 provides for the safe
disposal of these
 This in line with the need to:
◦ Protect the quality & supply of freshwater resources looking
into the application of integrated approaches to the
development, management & use of water resources
◦ Promote sustainable human settlement development
◦ Protect & promote human health conditions & address to
changing consumption patterns.
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The London Convention (1972) on the Prevention of
Marine Pollution by Dumping of Wastes & Other Matter: a
global agreement drawn at the Intergovernmental
Conference on the Dumping of Wastes at Sea in London in
1972.
The Organisation for Economic Co-operation &
Development ( OECD) decision C(2001)107/FINAL:
regulates the transboundary movements of waste destined
for recovery operations for its member countries.
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The Joint Convention on the Safety of Spent Fuel
Management & on the Safety of Radioactive Waste
Management (1997) : first legal instrument to directly
address spent fuel & radioactive waste management on a
global scale entered into force in 2001.
The Waigani Convention (1995): came into force in 2001
banning importation of hazardous &radioactive wastes into
South Pacific Forum Island Countries & to control
transboundary movement & management of hazardous
wastes within the region.
The MARPOL 73/78 Convention: the main international
convention for the Prevention of Pollution from Ships
(cover solid waste as well).
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 Waste management policies have not yet been developed at
the regional level
 However, there continues to be strong lobbing in regard to
this & other issues such as EIA
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 Sustainable waste management is however, implied or
incidental in the following policies:
◦ 1996 SADC Policy & Strategy for Environment & Sustainable
Development: Toward equity-led growth & sustainable
development
◦ SADC Protocol on Energy
◦ SADC Protocol on Shared Watercourse Systems
◦ Protocol on Health
◦ Protocol on Mining
◦ Protocol on Transport, Communications & Meteorology
◦ Protocol on Wildlife Conservation & Law Enforcement
◦ Protocol on the Environment
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 The year 2007 saw several laws being passed in terms
of the Environmental Management Act (Chapter 20; 27)
(hereafter the Act).
 Section 140 of the Act empowers the Minister of
Environment, Water & Climate to make regulations
specifically regulating issues covered by the Act.
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The Public Health Act 15:17
SECTION 35: Regulations regarding infectious diseases
 (1) The Minister may make regulations applicable to all infectious
diseases or only to such infectious diseases as may be specified
therein regarding the following matters-
◦ (p) the disposal of any refuse, waste matters or other matter or thing
which has been contaminated with or exposed to the infection of any
infectious disease
SECTION 68: Regulations
 (1) The Minister may make, & impose on local authorities &
administrators the duty of enforcing, regulations in respect of
defined areas-
◦ (d) the establishment, locality, supervision, equipment, maintenance
& management of slaughter-houses & the disposal of the waste
products of slaughtering & the inspection of slaughter-houses & the
animals therein & prohibiting,…………
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The Public Health Act 15:17
SECTION 94: Regulations
 (1) The Minister may make regulations, & may confer
powers & impose duties in connection with the carrying out
& enforcement thereof on local authorities, district
administrators & district officers, owners & others, as to-
◦ (e) the periodical cleansing & whitewashing or other treatment of
dwellings & the cleansing of land attached thereto & the removal of
rubbish or refuse therefrom by the owners of the dwellings;
◦ ( f ) the drainage of land or premises, the disposal of offensive liquids
& the removal & disposal of rubbish, refuse, manure & waste matters;
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1. Environmental Management (Waste & Solid Waste
Disposal) Regulations, Statutory Instrument No. 6 of
2007
 Furthermore, every generator of waste (except households)
is now required to come up with a waste management plan
by 31st December each year which deals with quantity of
waste, components of the waste, goals for reduction of the
quantity & pollutant discharges of the waste, transportation
& disposal of waste & adoption of environmentally sound
management of the wastes.
 It is an offence for any waste generator to fail to
produce the waste management plan.
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1. Environmental Management (Waste & Solid Waste
Disposal) Regulations, Statutory Instrument No. 6 of
2007
 This SI regulates the disposal of effluent & solid waste. It
prohibits any person from disposing waste into a public
stream or ground water without a license.
 The license is issued by the Environmental Management
Agency & it is renewable on an annual basis.
 The license holder is obliged to pay inspection fees &
environmental fees to the Agency.
 One does not require a license for household/domestic
waste disposal nor for application of inorganic fertilizers for
agricultural production.
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1. Environmental Management (Waste & Solid Waste
Disposal) Regulations, Statutory Instrument No. 6 of
2007
 These regulations are clearly meant to regulate & control
disposal of waste.
 They also enable the Agency to monitor waste disposal &
pollution of water bodies in Zimbabwe.
 Another important aspect is the obligation imposed on waste
generators to strive to reduce quantities of waste &
pollutant discharges.
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2. Environmental Management (Environmental Impact
Assessments & Ecosystems Protection) Regulations,
Statutory Instrument No. 7 of 2007
 SI deals with regulation of Environmental Impact Assessment
(EIA) process & protection of ecosystems. Part II of the Act
provides that no industrial project shall be implemented
without an EIA having been done.
 Developer has to submit a prospectus to EMA which issues a
license if satisfied by contents of prospectus.
 The prospectus has to contain details of environmental
impacts of the project & measures to be taken to contain or
mitigate against such impacts.
 Local authorities can only issue licenses to developers after
having sight of the license from the Agency confirming that
an approved EIA has been done.
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3. Environmental Management (Hazardous Substances,
Pesticides & Toxic Substances) Regulations, Statutory
Instrument No. 12 of 2007
 This provides for the labeling, packaging, repackaging & sale
of hazardous substances or articles containing hazardous
substances in Zimbabwe.
 It provides conditions to be observed by employers over
handling of hazardous substances at workplaces, conditions
for transporting hazardous substances & procedures to be
followed when there is an accidental spillage of hazardous
substances
 EMA empowered to issue spot fines to any person who
violates law.
 Any person whose substances affect the environment is
liable to pay for costs of restoring the environment.
 The offender is also liable to pay compensation for any
damage caused by the offence to any person.
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2. Environmental Management (Environmental Impact
Assessments & Ecosystems Protection) Regulations,
Statutory Instrument No. 7 of 2007
 The Agency will not issue a license if it is not satisfied that
the developer consulted with all stakeholders in the
preparation of the prospectus.
 It should also be noted that projects which began before the
Act was promulgated are subject to periodic environmental
audits by the Agency.
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4. Environmental Management (Plastic Packaging &
Plastic Bottles) Statutory Instrument No 98 of 2010
 This provides for the:Prohibition of certain plastics e.g.
under Section 3(1), the manufacture of plastics for use
within Zimbabwe, commercial distribution or importation of
plastic packaging with a wall thickness of less than 30
micrometres is prohibited….
 Unless it can be provided that they are: plastic bread
packaging & clingy film used as plastic barrier packaging of a
wall thickness of between 25 micrometres & 30
micrometres; or biodegradable plastic packaging.
 NB: Rwanda has a total ban on plastic packaging. South
Africa has a specified thickness. Europe has a specified
thickness
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5. Environmental Management (Importation &
Transit of Hazardous Substances & Waste
Regulations) Statutory Instrument No 77 of 2009
6. Environmental Management (Hazardous Waste
Regulations) Statutory Instrument No 10 of 2007
 NB: Read about these SIs.
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 The criminal court dealing with the matter now has
power to order the offender to compensate any
affected person & this ensures that the victims, who
may be poor & therefore cannot afford to hire lawyers
to take legal action, obtain immediate redress without
having to take legal action on their own.
 Laws are significant in that they operationalize the Act
in the sectors which they cover.
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 The penal provisions in these regulations are very
important in deterring would be offenders from
violating the law.
 The law goes beyond merely imposing the traditional
penalty of fines & imprisonment for offences.
 It incorporates the polluter pays principle by making
the polluter liable for the cost of restoring the
environment in line with the general principles in the
Act & modern environmental law.
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 They provide for the specific procedures to be followed in
complying with the provisions of the Act.
 More importantly, they incorporate modern principles of env.
management such as polluter pays, public participation,
preventive principle, environmental rights & so on.
 For these laws to make an impact in positively improving our
environment, they require not only diligent enforcement by
the EMA & law enforcement agents ZRP, but participation of
all Zimbabweans in observing & enforcing them.
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https://saylordotorg.github.io/text_criminal-law/s05-introduction-to-criminal-law.html
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 A Comprehensive SHWM Policy must capture the following  EXAMPLE: Brazilian National Waste Policy
aspects:
◦ Policy Scope
◦ Policy Goals
◦ Performance Metric
◦ Responsible Parties
◦ Equipment (required for implementation)
◦ Implementation Strategies
◦ Procedures
◦ Time Period
 NB: Refer to hand-out to read more on these.

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 EXAMPLE: Brazilian National Waste Policy

Botswana

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 Botswana is one of the leading SADC & Africa Union countries in  As is the case with many other countries, Botswana has a Public
terms of waste legislation development Health Act, Prevention of Atmospheric Pollution Act & a number of
 In 1995, the country developed guidelines for the disposal of waste Municipal by-Laws that make it mandatory to manage various
by landfill types of wastes at the national & local authority levels
 The guidelines cover issues relating to:  In 1998, the Botswana Waste Management Act was enacted
◦ Classification of wastes & landfills  Part II (Establishment of Department) of the Act deals with:
◦ Landfill site selection ◦ The establishment of waste management department
◦ Landfill site investigations ◦ Membership of the department &
◦ Landfill design & construction ◦ Identity cards
◦ Landfill operation & monitoring  Part III (Functions of Department) deals with:
◦ Documentation & record keeping ◦ Functions & powers of the department
◦ Landfill restoration & aftercare & ◦ Annual reporting &
◦ Water quality monitoring ◦ Qualifications of officers & managers
◦ Post closure care

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 Part IV (Waste Management Plans) of the Act deals with:
◦ Local & national waste management plans
◦ Waste recycling plans &
◦ Litter plans
 Part V (Registration & Licensing of Waste Carriers) deals with:
◦ Registration of waste carriers &
◦ Licensing of waste carriers
 Part VI (Registration & Licensing of Waste Mgt facilities) deals with:
◦ Registration of waste management facilities
◦ Unlicensed waste management facility prohibition
◦ Licensing of waste management facilities
◦ Consultation
◦ Conditions of waste management facility licence
◦ Variation of conditions
◦ Transfer of waste management facility licence
◦ Suspension of waste management facility licence
◦ Revocation of waste management facility licence
◦ Surrender of waste disposal site plant
◦ Exemption from holding waste mngmnt facility licence
◦ Public register of issued waste mngmnt facility licence
◦ Closure of waste management facility
◦ Appeals &
◦ Offence & penalty
 Part VII (Powers & Duties of Local Authorities) deals with:
◦ Collection of wastes; receptacles of household waste
◦ Disposal of waste;
◦ Removal of waste &
◦ Power to recycle wastes

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 Part VIII (Litter) deals with:  Part X (General) deals with:

◦ Prohibition to litter ◦ Public records
◦ Abatement of litter ◦ Public register
◦ Dumping of litter ◦ Interference with waste
◦ Principal litter authority & ◦ Hazardous & clinical waste
◦ Notices for depositing litter ◦ Classification, packaging & labelling
 Part IX (Enforcement Powers) deal with: ◦ Duty of care in respect of waste
◦ Power to obtain information ◦ Body corporate liability
◦ Power of search & seizure ◦ Inspection of land
◦ Right of entry ◦ Confidentiality of information
◦ Civil liability ◦ Power to make regulations &
◦ Urgent provisional orders & ◦ Amendments
◦ General penalty  PART XI (Ratification of the Basel Convention) deals with:
◦ Accountability to basel convention regulations

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 Given the controversy highlighted earlier on regarding the Basel

& Bamako Conventions, it makes great sense for one to look
closely on what the Botswana Waste Management Act say about
the Basel Convention
 Regulations may be made to:
◦ Make such provisions as appears necessary or expedient for the
carrying out of & giving effect to the basel convention &
◦ Impose fees & provide for the recovery of any expenditure incurred
in giving effect to the basel convention
 From the above, it is therefore clear that Botswana ratified the
Basel Convention & as such trade in transboundary waste
movements
 This may be due to vast barren lands in the deserts

NB: Botswana (Copy found in Departmental library)

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 Research on Radiation Protection Act 15:15 of 2004

 Research on the Radiation Protection (Safety & Security
Of Radiation Sources) Regulations - Statutory
Instrument 62 of 2011
 Read about solid & hazardous waste management policy
framework in Zimbabwe & any other developed country
of your choice.
 Research on other local (By-Laws) on Solid waste
management in Zimbabwe

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