Draft Waste Exemption regulations published under NEMWA

SHE Alert 8, 11 March 2026

On 11 March 2026, the Minister of Forestry, Fisheries and the Environment published a notice of the proposed National Waste Exemption Regulations, 2026 under the National Environmental Management: Waste Act (NEMWA). The draft regulations set out how applications for exemptions under sections 74–77 of the Act will be lodged and processed.

At first glance, the proposal looks like an attempt to bring more structure to the exemption process. Clearer timelines and defined procedures could help remove some of the uncertainty that has historically surrounded exemption applications. But the draft regulations also introduce stricter requirements that applicants will need to plan for.

Anyone applying for an exemption will need to provide far more detailed submissions. Applications must include comprehensive motivations, risk assessments and supporting technical documentation explaining why the exemption is justified.

Another notable change is the requirement for a public participation process of at least 30 days. This means affected communities and other interested parties will have an opportunity to review and comment on proposed exemptions before a decision is made.

If an exemption is granted, the applicant must notify interested and affected parties of the outcome. Those parties may then lodge an appeal in terms of section 43 of the National Environmental Management Act.

The draft regulations also deal with the transfer of exemption authorisations. Where ownership changes, the holder of the exemption must apply for the authorisation to be transferred. This could become relevant in situations involving asset sales, mergers or operational restructuring.

Importantly, an exemption does not replace the need to obtain a waste management licence or to comply with applicable norms and standards. Businesses will still need to meet those regulatory requirements where they apply.