NEMWA Amendments: Changes to National Waste Information Regulations and Impact on Industry
SHE Alert 12, 22 April 2025
This SHE Alert outlines recent important notices published by the Minister of Forestry, Fisheries and the Environment on April 22, 2025, under the National Environmental Management: Waste Act 59 of 2008 (NEMWA). These notices include proposed amendments to the National Waste Information Regulations and decisions regarding the exclusion of certain waste streams from the definition of waste.
Proposed Amendments to the National Waste Information Regulations
The Minister has announced the intention to amend the National Waste Information Regulations of 2012. Key proposed amendments include:
Exclusion of Mining Residue: A significant change is the proposed insertion of sub-regulation 3(4), which clarifies that the regulations will not apply to mining residue stockpiles or deposits.
Registration Certificate Validity: The validity of registration certificates will be limited to 3 years, after which renewal will be required.
Increased Penalties: Fines for offenses under the Regulations are set to increase, with potential fines reaching up to R5 million for a first offense.
Amendments to Annexures: Annexures 1 to 5 of the Regulations will be amended. It is crucial to note the proposed changes to Annexure 1, as this annexure lists the persons and activities that require registration under the Regulations.
Transitional Arrangements
According to the proposed transitional arrangements, any person conducting a new or amended activity listed in Annexure 1 must register in terms of the Regulations by September 30, 2025.
Call for Public Comment
The public is invited to submit written comments on the proposed amendments. Comments must be submitted within 30 days of the publication of the notice in the Government Gazette, meaning comments are due on or before May 22, 2025.
Additional Notices
The Minister has also published a notice regarding decisions made in terms of the Regulations regarding the exclusion of a waste stream or a portion of a waste stream from the definition of waste, 2018. You can view this update here.