- Is commenced by Western Cape Health Care Waste Management Act: Commencement
- Is amended by Western Cape Health Care Waste Management Amendment Act, 2010
Western Cape Health Care Waste Management Act
Act 7 of 2007
- Published in Western Cape Provincial Gazette 6489 on 18 December 2007
- Assented to on 14 December 2007
- Commenced on 15 March 2013 by Western Cape Health Care Waste Management Act: Commencement
- [This is the version of this document as it was from 18 December 2007 to 14 March 2013.]
1. DefinitionsIn this Act, unless the context indicates otherwise—"audit" means the examination of the environmental management practices of a person by a municipality or the Department, or internally by such person, to determine whether such environmental practices are compliant with the provisions of this Act;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Department" means the department responsible for environmental affairs in the Province;"disposal" means the intentional release or discharge, or burial, deposit, or, placing of any waste material into air or water or onto land; and the words "dispose", "disposes" and "disposed" have corresponding meanings;"disposal site", means a permitted site in terms of section 20 of the Environment Conservation Act, 1989 (Act 73 of 1989), used for the accumulation of waste with the purpose of treating or disposing of such waste;"disposer" means any person or any agent acting on behalf of a person, involved in the disposal of health care waste;"dump", in relation to health care waste, means to deposit or discharge, or cause or allow to be deposited or discharged, in any manner or at any place other than is set out in terms of this Act, or permitted in terms of section 20 of the Environment Conservation Act, and the words "dumps", "dumped" and "dumping" have corresponding meanings;"generator" means any person or any agent of a person that generates health care waste, but does not include a household generator of health care waste;"hazardous", in relation to a substance or a combination of substances, means potentially harmful to human health or the environment;"Head of Department" means the head of the department responsible for environmental affairs in the Province;"health care waste" means—(1)any waste—(a)generated by or derived from medical care or medical research; or(b)that has been in contact with blood, bodily fluids or tissues from humans, or infected animals from veterinary practices;(2)any waste under subparagraph (a), including but not limited to, the following categories of waste:Infectious waste: Waste that is suspected to contain pathogens in a sufficient concentration or quantity to cause disease in susceptible hosts. This category includes cultures and stocks of infectious agents from laboratory work; waste from surgery and autopsies on corpses with infectious diseases; waste from infected patients in isolation wards; waste that has been in contact with infected patients undergoing haemodialysis; infected animals from laboratories; sanitary waste materials and tissues (including swabs) and any other instruments or materials that have been in contact with infected persons or materials.Pathological waste: Includes all human tissues, organs, body parts, foetuses, blood and body fluids and those of infected animals.Sharp waste: Includes items that could cause cuts or puncture wounds and includes, but is not limited to, needles, hypodermic needles, scalpels and other blades, knives, infusion sets, saws, broken glass and nails, and the word "sharp" has a corresponding meaning.Pharmaceutical waste: Includes expired, unused, spilt and contaminated pharmaceutical products, drugs, vaccines and sera that are no longer required and that need to be disposed of appropriately.Genotoxic waste: Is highly hazardous waste that may have mutagenic, teratogenic or carcinogenic properties. This waste type includes certain cytostatic drugs as well as vomit, urine or faeces from patients treated with cytostatic drugs, chemicals and radioactive material.Chemical waste: Includes discarded solid, liquid and gaseous chemicals.Waste with heavy metals: Includes, but is not limited to, mercury waste from thermometers, blood-pressure gauges, residues from dentistry; cadmium waste from discarded batteries, reinforced wood panels used in radiation proofing, and drugs containing arsenic.Pressurised container waste: Includes pressurised cylinders and cartridges used in health care facilities to store gases.Radioactive waste: Includes solid, liquid and gaseous materials contaminated with radionuclides, including waste produced as a result of procedures such as in vitro analysis of body tissue and fluid, in vivo organ imaging and tumour localisation, and various investigative and therapeutic practices.General waste: Is a generic term for waste that, because of its composition and characteristics, does not pose a significant risk to public health or the environment if managed properly. This waste type typically consists of plastics, paper, food and liquids not considered to be infectious or contaminated with hazardous chemicals or radioactivity."health care risk waste" means that portion of health care waste that is hazardous and includes infectious waste, pathological waste, sharp waste, pharmaceutical waste, genotoxic waste, chemical waste, waste with heavy metals, radioactive waste, and any other health care waste which is defined as hazardous in terms of the Waste Management Series: Document 1: Minimum Requirements for the Handling, Classification and Disposal of Hazardous Waste, as published by the Department of Water Affairs and Forestry;"health care waste management" means the environmentally safe handling, storage, collection, transportation, treatment and disposal of health care waste, and the words "manage" and "managed" have corresponding meanings;"health care waste mismanagement" means the unsafe or negligent handling, storage, collection, transportation, treatment or disposal of health care waste that has the potential to harm the environment or compromise human health, and the word "mismanage" has a corresponding meaning;"household generator" means a person who generates health care waste at home as a result of domestic health care treatment, but excludes registered non-governmental organisations and community-based organisations;"municipality" means a municipality as defined in the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);"National Minister" means the Member of the National Cabinet responsible for environmental affairs in South Africa;"nuclide" means an atom of a specified atomic number and mass number;"Occupational Health and Safety Act" means the Occupational Health and Safety Act, 1993 (Act 85 of 1993);"organ of state" means—(a)any department of state or administration in the national, provincial or local sphere of government; or(b)any other functionary or institution—(i)exercising a power or performing a function in terms of the Constitution or a provincial constitution; or(ii)exercising a public power or performing a public function in terms of any legislation, but does not include a court or a judicial officer;"other waste" means waste other than health care waste;"person" means a natural or juristic person, any organ of state, a trust, an unincorporated body or an association, an organisation, or any other institution;"Province" means the Province of the Western Cape;"Provincial Minister" means the Member of the Provincial Cabinet responsible for environmental affairs in the Province;"radionuclide" means a nuclide that exhibits properties of spontaneous disintegration, liberating energy that generally results in the formation of new nuclides and is accompanied by the emission of one or more types of radiation;"spill" means the accidental release of health care waste into the environment, and the word "spillage" has a corresponding meaning;"secure area" means a protected area demarcated specifically for the storage, transfer, treatment or disposal of health care waste;"this Act" includes the regulations made thereunder;"transport" means the movement of health care risk waste from the point of generation to a temporary or permanent point of storage, treatment or disposal;"transporter" means any person or any agent acting on behalf of a person that transports health care risk waste from the point of generation to a temporary or permanent point of storage, treatment or disposal;"treater" means any person or any agent acting on behalf of a person or an institution, involved in the treatment of health care risk waste prior to the final disposal of such health care risk waste;"treatment facility" means a facility permitted in terms of section 20 of the Environmental Conservation Act for the treatment of health care risk waste;"treatment" means the manipulation of health care risk waste to completely eliminate all infection risk or potential and to render the waste non-recognisable as health care risk waste, and the words "treat" and "treated" have corresponding meanings;"waste" means any matter, whether gaseous, liquid or solid or any combination thereof, which is from time to time designated by the National Minister by notice in the Government Gazette as an undesirable or superfluous by-product, emission, residue or remainder of any process or activity as defined in the Environmental Conservation Act and amended in Government Notice 292 of 28 February 2003.
2. Object of ActThe object of this Act is to promote integrated health care waste management, thereby—
3. Principles of interpretationThis Act must be interpreted and applied in accordance with the principles set out in section 2 of the National Environmental Management Act, 1998 (Act 107 of 1998).
5. Prohibition of dumping and mismanagement of health care wasteA person may not dump or otherwise mismanage health care waste.
6. Responsibilities of generator, transporter, treater or disposer of health care waste
7. Spillage and dumping of health care risk waste
8. Staff safety and trainingA generator, transporter, treater or disposer of health care waste must comply with the Occupational Health and Safety Act, 1993 (Act 85 of 1993), in respect of staff safety and training regarding health care waste, and as prescribed by the Provincial Minister.
9. Appointment of inspectors
10. Powers of inspectors
11. Offences and penalties and consequences of criminal conviction
12. Duties of municipalities
13. Duties of Head of Department
14. RegulationsThe Provincial Minister may after consultation with the standing committee of the Provincial Parliament responsible for Environmental Affairs—
15. Short title and commencementThis Act is called the Western Cape Health Care Waste Management Act, 2007, and comes into operation on a date to be determined by the Premier by proclamation in the Provincial Gazette.
History of this document
15 March 2013 amendment not yet applied
18 December 2007 this version
14 December 2007
|Western Cape Health Care Risk Waste Management Regulations, 2013||Provincial Notice 73 of 2013|