Proposed amendments to NEMWA Waste Management licensing requirements

SHE Alert 13, 28 April 2026

n 12 May 2026, the Minister of Forestry, Fisheries and the Environment published proposed amendments to the list of waste management activities that require a Waste Management Licence ("WML") or compliance with the National Norms and Standards in terms of the National Environmental Management: Waste Act 59 of 2008 ("NEMWA"). The proposed amendments introduce significant changes to the waste management regulatory framework, aimed at simplifying licensing requirements, revising activity thresholds, and redefining certain waste management activities that require authorisation.

If adopted, these changes will have important implications for recyclers, hazardous waste operators, landfill owners, co-processors, and other waste management companies.

Proposed changes

Broader regulation of hazardous waste activities

One of the most significant changes is the reduction of licensing thresholds for hazardous waste recycling, recovery and treatment activities from 1 ton to 0.5 tons per day. This is expected to result in a greater number of operators within the licensing regime, particularly companies involved in industrial waste processing and specialised recycling operations.

Revised recycling and treatment thresholds

For general waste recycling, the current area-based threshold will be replaced with a weight-based threshold of more than 10 tons. The amendments also remove the current 100 ton-per-day threshold applicable to certain general waste recovery and treatment activities.

These changes are intended to regulate activities according to the volume of waste handled per day rather than the physical footprint of a facility.

Changes affecting landfills and disposal facilities

The proposed amendments remove the current Category B licensing requirement for large general waste disposal facilities exceeding 25,000 tons in total capacity. This may create uncertainty regarding the future regulation of certain municipal and private landfill operations.

In addition, all inert waste disposal activities exceeding 25 tons in total will fall under Category A requirements, while the existing Category B provision for inert waste disposal will be removed.

Expansion and decommissioning

Expansion and decommissioning activities will no longer automatically be regulated as Category A activities. Instead, they will be regulated under the same category as the primary waste management activity.

Simpler licensing process

A major practical change is the proposed streamlining of the WML application process.

Currently, Category B waste management activities require a full Scoping and Environmental Impact Assessment process. Under the proposed amendments, both Category A and Category B activities will require a Basic Assessment process. This will reduce the timeframe for submission of applications for WML and the consideration thereof.

Mine residue facilities removed from NEMWA

The amendments also align with forthcoming legislative changes under the  National Environmental Management Laws Amendment Act 2 of 2022, which will remove mine residue stockpiles and deposits from the NEMWA List of Waste Management Activities.

Once the relevant NEMLAA provisions come into operation, these facilities will be regulated under the National Environmental Management Act 107 of 1998 (“NEMA”), with environmental authorisation requirements proposed under the NEMA Listing Notices.

Public participation

The proposed amendments are expected to have significant implications for recyclers, hazardous waste operators, landfill owners and other waste management companies.

Public comments are open until 11 July 2026, and affected parties are encouraged to review the draft amendments and participate in the consultation process.

Given the potential impact on licensing, compliance and operational planning, affected companies should assess their current and proposed waste management activities and existing authorisations.

Tabacks’ Environmental Law Department can assist by advising on the interpretation and practical implications of the draft amendments, preparing and submitting comments during the public participation process, reviewing existing authorisations and licensing requirements, and developing strategies to ensure ongoing compliance under the evolving regulatory framework.

For more information or assistance please contact Liezl Sterne.