G/TBT/N/ZAF/223  
 
29 November 2017  
(17-6520) Page: 1/3 
Committee on Technical Barriers to Trade  Original: English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member: SOUTH AFRICA   
If applicable, name of local government involved (Article  3.2 and 7.2):   
2. Agency responsible: Department of Environmental Affairs, South Africa  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Department of Environmental Affairs  
Environment House  
473 Steve Biko Road  
Arcadia  
Pretoria  
0083 
Contact person: Anben Pillay  
Telephone: 012 399 9827  
E-mail: pillay@environment.gov.za   
Web site: www.environment.gov.za   
3. Notified under Article 2.9.2 [   ], 2.10.1 [ X], 5.6.2 [   ], 5.7.1 [   ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable): All waste 
classifiable under various HS number  
5. Title, number of pages and language(s) of the notified document: Proposed 
regulations regarding the control of the import or export of waste (21 page(s), in English)   
6. Description of content: Regulations to control the import or export of waste under se ction 
69(1)(j), read with section 73 of the National Environmental Management: Waste Act, 2008 
(Act No. 59 of 2008).  
The Regulations comprises the following 8 Chapters:  
Chapter 1: Definitions and purpose of Regulations  
Chapter 2: Prohibitions  
Chapter 3: N otification  
Chapter 4: Consent for import, export and transit  
Chapter 5: Requirement for transit, import or export  
Chapter 6: Re -import or take back  
Chapter 7: Record keeping  
Chapter 8: General matters  G/TBT/N/ZAF/223  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable: Other; The purpose of the Regulations is to establish procedures and control 
regimes for the import, export and transit of waste.  
The Basel Convention on the Control of Tran sboundary Movement of Hazardous Wastes and 
Other Wastes was adopted on 22 March 1989 by the Conference of Plenipotentiaries in 
Basel, Switzerland. The overarching objective of the Basel Convention is to protect human 
health and 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 and their characteristics as well as "other wastes" (household 
waste and incinerator ash).  
The Convention, among others requires each party to ensure that legislative and 
management framework exists to ensure that the provision of the Convention can be 
implemented and the objectives of the Convention are realized. Currently the trans -boundary 
movement of waste between South Africa and other countries is managed as a cooperative 
effort between the South African Revenue Services (SARS), the International Trade 
Administration Commission (ITAC) and DEA through the provisions of the International Trade  
Administration Act (Act 71 of 2002) (ITA Act).  
There are several waste streams which are moved between South Africa, its Southern 
African Development Community (SADC) and international trade partners. Much of this trade 
is beneficial and promotes reuse, recycling, recovery of resources from waste as well as 
providing treatment options.  
However the trans -boundary movement of waste between countries can also be detrimental 
in certain instances for example; where there are illegal imports of wastes; or wher e the 
country has an existing reuse, recycling or recovery system which requires raw material; 
where the country does not have the necessary technology to manage the entire waste 
stream, or where near end of life goods are accepted which become waste in a short 
timeframe.  
There is lot of waste coming to the republic from SADC and some countries that the SA has 
agreements with, other waste come into the country illegally as they are covered under 
wrong SARS SIC (Specific Industrial Codes).   Wastes that come into the country under 
wrong codes or that are not imported legally, may not be managed properly and will end up 
being dumped in the environment.  
These challenges affect the department as it is difficult to enforce Basel Convention without a 
domesticated legislation. The result of not having a South African legislation to deal with 
import or export of wastes makes it difficult to enforce the convention and as a result the 
public and or industry takes advantage of this. Consequently, this has an impact on t he 
general public’s rights covered in Section 24 of The Constitution.  
Globally and locally the generation of waste has increased tremendously over the past 20 
years, this could result in lot of waste being dumped in the country if there are no measures 
to control such movements of waste. If waste is dumped in the republic, the burden of cost 
to clean the environment and to treat people who are exposed to illegally dumped waste 
would be exorbitant.  
With the development of the legislation, the measures may h elp in creating employment as it 
might channel the waste being brought to the country to implement the waste management 
hierarchy, where employment may be created by the waste sector through reuse, recycling 
and recovery.  
8. Relevant documents:   
 Constitut ion of South Africa, 1996 (Act No. 108 of 1996)  
 Basel convention on the Control of Transboundary Movement of Hazardous Wastes 
and Other Wastes  
 National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)  
 International Trade Administration Act , 2002 (Act 71 of 2002)  
 Import Licensing notification G/LIC/N/1/ZAF/1   G/TBT/N/ZAF/223  
 
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  9. Proposed date of adoption: On sign off by the Minister of Environmental Affairs 
(early  2018)  
Proposed date of entry into force: 6 months after sign off by the Minister of 
Environmental Affairs  
10. Final date for comments: 60 days from notification  
11. Texts available from: National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:   
WTO@sabs.co.za