Important amendments proposed to Waste Exclusion Regulations

The Minister of Forestry, Fisheries and the Environment has announced proposed amendments to the Waste Exclusion Regulations, 2018, under the National Environmental Management: Waste Act 59 of 2008. The amendments aim to refine the process by which certain waste streams or portions thereof can be excluded from the definition of waste.

A key change is the introduction of a mandatory and extensive public participation process that applicants must undertake as part of their exclusion application. Furthermore, the proposed regulation 6A provides for the registration of a trial project (as newly defined) where an applicant intends to apply for the exclusion of a waste stream or a portion of a waste stream from the said trial project.

For holders of existing exclusion authorisations, the amendments stipulate the annual development of a risk management report, which must be audited by an external qualified and independent person. This externally audited risk management report must be submitted to the Department by 28 February each year. It is critical to note that failure to comply with these regulations constitutes a criminal offence, and offenders may face a fine of up to R5 million.

The public are invited to submit written comments on these proposed amendments to the Department of Forestry, Fisheries and the Environment, with a deadline for submissions set for 4 May 2025.

If you need more information, or assistance please get in touch with our Environmental team.