The Draft Waste Management Listed Activities Amendment – Summary & Thoughts

In May 2026, the Minister of Forestry, Fisheries and the Environment published the Draft List of Waste Management Activities that have, or are likely to have, a detrimental effect on the environment (the Draft Listed Activities) for public comment. This notice, issued under the National Environmental Management: Waste Act 59 of 2008 (NEMWA), intends to repeal and replace the previous list published in 2013.

What do the Draft Listed Activities regulate?
These regulations specify which waste management activities require a Waste Management Licence (WML) before they may commence or expand. They also define which activities must comply with specific Norms and Standards instead of requiring a full licence.

Key Aspects of the Draft Listed Activities
The proposed amendments introduced on 12 May 2026 include several critical updates for waste processors to consider:
1. Thresholds Unchanged: The minimum threshold quantities of waste that trigger the need for a WML for recycling, recovery, and treatment remain the same as the current regulations. Specifically, these are 10 tons per day for general waste and 0.5 tons per day for hazardous waste.
2. Streamlined Application Process: All applications for a WML will now follow a Basic Assessment application process in terms of the Environmental Impact Assessment Regulations made under the National Environmental Management Act 107 of 1998 (NEMA), read together with Section 45 of NEMWA.
3. Competent Authority: For ease of regulation by National and Provincial authorities, all general waste activities are listed under Category A (processed by provincial authorities), while all hazardous waste activities are listed under Category B (processed by national authorities).
4. Category C remains unchanged. These activities—including organic waste processing, storage of waste, and waste shredding/crushing—are regulated under various Norms and Standards (N&S) published under NEMWA and do not require a WML.
5. Norms & Standards: The N&S applicable under Category C also remain unchanged.
6. Unit Typographic Errors: There are apparent typographic errors in the units for waste storage in the Category C list (e.g., “100 m2” and “80 m”). It is assumed these units should remain as cubic metres, consistent with the units currently in force.

Our thoughts
1. Basic Assessment: Enviroprac has undertaken both Scoping/EIA and Basic Assessment-level EIA applications for years. Is a BA process sufficient for a particularly risky activity, such as thermal or mechanical treatment of hazardous waste? In our opinion, yes. At Enviroprac, we use the pre-application screening phase to assist clients in investigating optimal sites, technology, process and control equipment. That way, when the BA process as defined by the Regulations starts, suitable mitigation, control and management has been incorporated in the development proposal for 99% of significant environmental risks identified.
2. Competent Authority: It should be helpful for all parties – consultants and the regulators alike – to be aware that all Category A (general waste) applications are processed on a provincial level, whilst all Category B (hazardous waste) applications are processed on a national level.

Action that we recommend
We recommend reviewing your planned new or expanded waste management activities against the Draft Listed Activities to ensure future compliance.
You can access the full draft document here for your review: https://enviroprac.co.za/documents/

How can Enviroprac help?
We have extensive experience in navigating NEMWA and NEMA requirements, including conducting Basic Assessments and ensuring compliance with various National Norms and Standards. If you need assistance determining how these proposed changes affect your operations, please feel free to contact us.