Transcript Document 7513610

13 – Institutional and Legal Aspects
13.1 Policy on solid waste management
13.2 Legislative aspects
13.3 National and local legislation and regulations
13.4 Law enforcement
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13 – Institutional and Legal Aspects
13.1 – Policy on solid waste management
13.1 Policy on solid waste management
International agreements and conventions:
• UN Agenda 21
• Limiting the transboundary movements of
hazardous wastes and their disposal (The
Basel Convention)
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13 – Institutional and Legal Aspects
13.1 – Policy on solid waste management
UN Agenda 21: a comprehensive plan of action to be taken globally,
nationally and locally by organizations of the United Nations System,
Governments and Major Groups in every area in which human impacts on
the environment.
Adopted by more than 178 Governments at the United Nations Conference
on Environment and Development (UNCED) held in Rio de Janerio, Brazil,
1992.
Chapter 21 of Agenda 21:
• recognized that "environmentally sound management of wastes is among
the environmental issues of major concern in maintaining the quality of the
Earth’s environment … " (Agenda 21, para 21.1).
• reaffirmed at the World Summit on Sustainable Development (WSSD) in
Johannesburg, South Africa, 2002.
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13 – Institutional and Legal Aspects
13.1 – Policy on solid waste management
Transboundary Movements of Hazardous Wastes and their Disposal
The Basel Convention: international treaty to reduce the movements of
hazardous waste between nations, and specifically to prevent transfer of
hazardous waste from developed to less developed countries (LDCs)
also intended to:
•minimize the amount and toxicity of wastes generated,
•to ensure their environmentally sound management as closely as possible
to the source of generation,
•and to assist LDCs in environmentally sound management of the
hazardous and other wastes they generate.
(http://en.wikipedia.org/wiki/Basel_Convention)
•14 Regional Centres (BCRCs) , one in Indonesia for South East Asia
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13 – Institutional and Legal Aspects
13.2 – Legislative aspects
12.2 Legislative aspects
Different basic principles in treaties and
legislation:
•The polluter pays principle
•The precautionary principle
•The duty of care principle
•The proximity principle
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13.2 – Legislative aspects
The polluter pays principle:
•all producers of waste are legally and principally responsible for the safe
and environmentally sound disposal of the waste they produce.
This principle also attempts to assign liability to the party that causes
damage
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13.2 – Legislative aspects
The precautionary principle:
•When the magnitude of a particular risk is uncertain, it should be assumed
that this risk is significant, and measures to protect health and safety should
be designed accordingly.
(a key principle governing health and safety protection)
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13.2 – Legislative aspects
The duty of care principle:
•any person handling or managing hazardous substances or related
equipment is ethically responsible for using the utmost care in that task.
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The proximity principle:
•treatment and disposal of hazardous waste take place at the closest
possible location to its source in order to minimize the risks involved in its
transport. According to a similar principle, any community should recycle or
dispose of the waste it produces, inside its own territorial limits.
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13 – Institutional and Legal Aspects
13.3– National + local legislation
and regulations
12.3.1. Ministry of Environment of Indonesia
12.3.2 Hazardous waste: Basel Convention (Decision III/1)
implemented in Indonesia
(COUNTRY REPORT - Indonesia Country Fact Sheet, Feb 2007:
http://www.bcrc-sea.org/)
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13.3– National + local legislation
and regulations
Ministry of Environment of Indonesia:
http://www.menlh.go.id
Permitting? – local authorities?
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13 – Institutional and Legal Aspects
13.3– National + local legislation
and regulations
Ministry of Environment of Indonesia:
http://www.menlh.go.id
Permitting? – local authorities?
Solid / municipal waste:?
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13.3– National + local legislation
and regulations
Hazardous waste: Basel Convention (Decision III/1) implemented in
Indonesia
•Transboundary Movement:
•Restrictions on export for final disposal, export for recovery, import for final
disposal, import for recovery, transit
•Reduction and/or Elimination of Hazardous Waste Generation
•(National strategies/policies, Legislation, regulations and guidelines, Economic
instruments/ initiatives, measures taken by industries/waste generators)
Transboundary Movement Reduction Measures
• National strategies/policies, Legislation, regulations and guidelines, Measures
taken by industries/waste generators, Disposal/Recovery Facilities, Bilateral,
Multilateral or Regional Agreements
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13 – Institutional and Legal Aspects
13.4 Law enforcement
13.4 Law enforcement
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