13.0 Institutional and Legal Aspects

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Institutional and Legal Aspects

13.1 Policy on solid waste management 13.1 Policy on solid waste management

13.2 Legislative aspects 13.2 Legislative aspects

13.3 National and local legislation and regulations 13.3 National and local legislation and regulations

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Institutional and Legal Aspects

International agreements and conventions: International agreements and conventions: • UN Agenda 21_{UN Agenda 21}

• Limiting the transboundary movements ofLimiting the transboundary movements of

hazardous wastes and their disposal (Thehazardous wastes and their disposal (The

Basel Convention)Basel Convention)

13.1 – Policy on solid waste management 13.1 – Policy on solid waste management

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Institutional and Legal Aspects

UN Agenda 21

UN Agenda 21: a comprehensive plan of action to be taken globally, : a comprehensive plan of action to be taken globally, nationally and locally by organizations of the United Nations System, nationally and locally by organizations of the United Nations System,

Governments and Major Groups in every area in which human impacts on Governments and Major Groups in every area in which human impacts on the environment.

the environment.

Adopted by more than 178 Governments at the United Nations Conference Adopted by more than 178 Governments at the United Nations Conference on Environment and Development (UNCED) held in Rio de Janerio, Brazil, on Environment and Development (UNCED) held in Rio de Janerio, Brazil, 1992.

1992.

Chapter 21 of Agenda 21: Chapter 21 of Agenda 21:

• recognized that "environmentally sound management of wastes is among recognized that "environmentally sound management of wastes is among the environmental issues of major concern in maintaining the quality of the the environmental issues of major concern in maintaining the quality of the Earth’s environment … " (Agenda 21, para 21.1).

Earth’s environment … " (Agenda 21, para 21.1).

• reaffirmed at the World Summit on Sustainable Development (WSSD) in reaffirmed at the World Summit on Sustainable Development (WSSD) in Johannesburg, South Africa, 2002.

Johannesburg, South Africa, 2002.

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Institutional and Legal Aspects

Transboundary Movements of Hazardous Wastes and their Disposal Transboundary Movements of Hazardous Wastes and their Disposal

The Basel Convention: international treaty to reduce the movements of The Basel Convention: international treaty to reduce the movements of hazardous waste between nations, and specifically to prevent transfer of hazardous waste between nations, and specifically to prevent transfer of hazardous waste from developed to less developed countries (LDCs) hazardous waste from developed to less developed countries (LDCs)

also intended to: also intended to:

•minimize the amount and toxicity of wastes generated, minimize the amount and toxicity of wastes generated,

•to ensure their environmentally sound management as closely as possible to ensure their environmentally sound management as closely as possible to the source of generation,

to the source of generation,

•and to assist LDCs in environmentally sound management of the _{and to assist LDCs in environmentally sound management of the} hazardous and other wastes they generate.

hazardous and other wastes they generate.

(http://en.wikipedia.org/wiki/Basel_Convention) (http://en.wikipedia.org/wiki/Basel_Convention)

•14 Regional Centres (BCRCs) , one in Indonesia for South East Asia_{14 Regional Centres (BCRCs) , one in Indonesia for South East Asia}

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Institutional and Legal Aspects

Different basic principles in treaties and Different basic principles in treaties and

legislation: legislation:

•The polluter pays principle_{The polluter pays principle}

•The precautionary principle_{The precautionary principle}

•The duty of care principle_{The duty of care principle}

•The proximity principleThe proximity principle

13.2 – Legislative aspects 13.2 – Legislative aspects

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Institutional and Legal Aspects

The polluter pays principle: The polluter pays principle:

•all producers of waste are legally and principally responsible for the safe _{all producers of waste are legally and principally responsible for the safe} and environmentally sound disposal of the waste they produce.

and environmentally sound disposal of the waste they produce.

This principle also attempts to assign liability to the party that causes This principle also attempts to assign liability to the party that causes damage

damage

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The precautionary principle: The precautionary principle:

•When the magnitude of a particular risk is uncertain, it should be assumed _{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 that this risk is significant, and measures to protect health and safety should be designed accordingly.

be designed accordingly.

(a key principle governing health and safety protection) (a key principle governing health and safety protection)

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The duty of care principle: The duty of care principle:

•any person handling or managing hazardous substances or related _{any person handling or managing hazardous substances or related} equipment is ethically responsible for using the utmost care in that task. equipment is ethically responsible for using the utmost care in that task.

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The proximity principle: The proximity principle:

•treatment and disposal of hazardous waste take place at the closest _{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 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 transport. According to a similar principle, any community should recycle or dispose of the waste it produces, inside its own territorial limits.

dispose of the waste it produces, inside its own territorial limits.

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Institutional and Legal Aspects

12.3.1.

12.3.1. Ministry of Environment of IndonesiaMinistry of Environment of Indonesia

12.3.2

12.3.2 Hazardous waste: Basel Convention (Decision III/1) Hazardous waste: Basel Convention (Decision III/1) implemented in Indonesia

implemented in Indonesia

(COUNTRY REPORT - Indonesia Country Fact Sheet, Feb 2007: (COUNTRY REPORT - Indonesia Country Fact Sheet, Feb 2007: http://www.bcrc-sea.org

http://www.bcrc-sea.org//))

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Institutional and Legal Aspects

Ministry of Environment of Indonesia: Ministry of Environment of Indonesia:

http://www.menlh.go.id http://www.menlh.go.id

Permitting? – local authorities? Permitting? – local authorities?

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Ministry of Environment of Indonesia: Ministry of Environment of Indonesia:

http://www.menlh.go.id http://www.menlh.go.id

Permitting? – local authorities? Permitting? – local authorities?

Solid / municipal waste:? Solid / municipal waste:?

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Hazardous waste: Basel Convention (Decision III/1) implemented in Hazardous waste: Basel Convention (Decision III/1) implemented in Indonesia

Indonesia

•Transboundary Movement:_{Transboundary Movement:}

•Restrictions on export for final disposal, export for recovery, import for final Restrictions on export for final disposal, export for recovery, import for final disposal, import for recovery, transit

disposal, import for recovery, transit

•Reduction and/or Elimination of Hazardous Waste Generation Reduction and/or Elimination of Hazardous Waste Generation

•(National strategies/policies, Legislation, regulations and guidelines, Economic (National strategies/policies, Legislation, regulations and guidelines, Economic instruments/ initiatives, measures taken by industries/waste generators)

instruments/ initiatives, measures taken by industries/waste generators)

Transboundary Movement Reduction Measures Transboundary Movement Reduction Measures

• National strategies/policies, Legislation, regulations and guidelines, Measures _{National strategies/policies, Legislation, regulations and guidelines, Measures}

taken by industries/waste generators, Disposal/Recovery Facilities, Bilateral,

taken by industries/waste generators, Disposal/Recovery Facilities, Bilateral,

Multilateral or Regional Agreements

Multilateral or Regional Agreements

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13.4 Law enforcement

13.4 Law enforcement

13.4 Law enforcement