What's happening?
South Africa's Minister of Forestry, Fisheries and the Environment has announced plans to scrap and replace the current list of waste management activities that require a waste management licence ("WML"), known as the NEMWA Listed Activities, which sets out which waste-related operations businesses cannot run without first getting a licence.
The proposed changes are wide-ranging. They would shake up the application process for a WML, shift the thresholds that determine when a licence is needed, and change which activities are regulated in the first place.
Mining Residue Stockpiles and Deposits: Out of the Waste Act
The regulation of residue stockpiles and residue deposits, material left over from mining operations (together, "MRDs"), has shifted between different laws over the years. Before the One Environmental System, MRDs were governed by the Mineral and Petroleum Resources Development Act, 2002 ("MPRDA"). The One Environmental System moved MRDs out of the MPRDA and brought them under both the National Environmental Management Act, 1998 ("NEMA") and the National Environmental Management: Waste Act, 2008 ("NEMWA").
Bringing MRDs under NEMWA meant that anyone wanting to establish or reclaim an MRD had to apply for a WML. This will change once the relevant provisions of the National Environmental Management Laws Amendment Act 2 of 2022 ("NEMLAA 5") are proclaimed, at that point, the NEMWA provisions dealing with MRDs will be repealed and MRDs will be regulated solely under NEMA. These NEMLAA 5 provisions are still awaiting proclamation.
On the permitting side, draft amendments already published propose to include the establishment and reclamation of MRDs as listed activities under NEMA, meaning an environmental authorisation under NEMA, rather than a WML under NEMWA, will be required. This is why one of the biggest changes in the proposed amendments is the removal of MRDs from the NEMWA Listed Activities altogether.
A simpler assessment process for everyone
One of the most significant practical changes is to the assessment process for WML applications. Currently, Category A applicants must follow a basic assessment process under NEMA's Environmental Impact Assessment Regulations, while Category B applicants must go through the more demanding scoping and environmental impact reporting process.
Under the proposed changes, all applicants, whether Category A or Category B, would only need to complete a basic assessment. A clear intention to cut the red tape for businesses operating Category B waste management activities.
Changes to which activities need a licence
Beyond the process changes, the proposed amendments also tweak the specific activities that require a WML. Here is a summary of the key changes:
New thresholds for recycling, recovery and treatment
The current Category A rule for general waste recycling is area-based (more than 500m²); the proposed rule switches to weight-based (more than 10 tons), meaning some facilities will move in or out of the licensing net. The separate lower-threshold Category A provision for hazardous waste recycling is being scrapped, hazardous waste recycling will now only be regulated at Category B level, but with a lower threshold, dropping from 1 ton to 0.5 tons per day, bringing more hazardous waste recyclers into the licensing net.
Similar changes apply to waste recovery (refining, utilisation and co-processing). The 100-ton-per-day upper cap for general waste recovery under Category A is being removed, pulling larger operations into Category A licensing. For hazardous waste recovery under Category B, the threshold drops from 1 ton to 0.5 tons per day.
The treatment thresholds follow the same pattern: the 100 -ton-per-day upper cap for general waste treatment under Category A is removed; the Category B threshold for hazardous waste treatment drops from 1 ton to 0.5 tons per day; and the current Category B provision for general waste treatment above 100 tons per day disappears entirely, meaning those large-scale operations would no longer require a Category B licence.
Inert waste disposal: one category fits all
Currently, inert waste disposal is split: Category A covers 25–25,000 tons, Category B covers above 25,000 tons. The proposed amendments remove the upper cap from Category A and scrap Category B entirely, so all inert waste disposal above 25 tons falls under Category A, a simpler, single-tier approach.
Large general waste landfills: a notable gap
Under the current rules, disposal of general waste to land covering more than 200m² with a total capacity exceeding 25,000 tons requires a Category B licence. That provision has been dropped with no equivalent replacement, meaning large municipal and private landfills would no longer appear to need a licence at all under the proposed framework.
Expansion and decommissioning: each category now governs itself
Currently, expansion and decommissioning of both Category A and B activities are treated as Category A activities. The proposed amendments change this so that each category governs its own expansion and decommissioning, though, given that Category B assessment requirements are also being reduced to a basic assessment, the practical impact of this structural change may be limited.
What happens to existing operations and pending applications?
The proposed amendments include transitional provisions broadly like those in the current NEMWA Listed Activities. If you are already lawfully running a listed activity, you can keep operating until the Minister publishes a Gazette notice calling on you to apply for a WML under section 80(4) of NEMWA.
Pending applications for activities no longer listed will be treated as withdrawn. If your activity is still listed but differently, your application will be processed under the new rules.
If your activity moves to Category C, any pending WML application will be considered withdrawn, and you must comply with the relevant Category C standards. If you were already lawfully running such an activity, you may continue until your existing permit or WML expires, after which Category C requirements apply.
What should you do now?
These proposed changes are significant for anyone in the waste management sector, from recyclers and hazardous waste handlers to landfill operators and co-processors. Comments are open until 11 July 2026 (60 days from publication on 12 May 2026). If your business could be affected, now is the time to review the proposed amendments and consider submitting comments.
