On 12 May 2026, the Minister of Forestry, Fisheries and the Environment published, for public comment, a Draft Notice proposing the repeal and replacement of the list of waste management activities that have, or are likely to have, a detrimental effect on the environment (Government Notice 7461 in Government Gazette No. 54665) (Draft Notice).

The Draft Notice is issued under section 19(2), read with sections 72 and 73, of the National Environmental Management: Waste Act 59 of 2008 (NEM:WA), and is intended to repeal the existing Listed Activities Notice published under Government Notice R.921 of 29 November 2013 (the 2013 Listed Activities Notice), inclusive of all amendments.

Public comment is open for 60 days from the date of publication. Affected industry players, including mining, manufacturing, recycling and waste-handling operators, should review the Draft Notice carefully and consider submitting written representations within the window.

Why This Matters

The 2013 Listed Activities Notice has long been the cornerstone of waste regulation in South Africa, dictating when a Waste Management Licence (WML) is required and the associated environmental assessment pathway. It has been amended multiple times since 2013, and has attracted criticism for definitional ambiguity, inconsistent thresholds and the regulatory burden imposed on smaller-scale operators.

The Draft Notice represents a substantial restructuring. The categorisation of activities, the thresholds triggering a WML and the assessment pathway applicable to each category have all been recast. Operators should not assume continuity of regulatory treatment between the 2013 Notice and the new framework.

Structure Of The Draft Notice

The Draft Notice retains the three-category framework, but redefines what falls within each category and adjusts the licensing pathway.

Category A — General Waste, At Scale

Category A activities require a WML supported by a basic assessment process under the EIA Regulations. Activities include:

1. Storage of general waste in lagoons
2. Recycling of general waste in excess of 10 tons (excluding recycling that takes place as an integral part of an internal manufacturing process within the same premises)
3. Recovery of waste, including refining, utilisation or co-processing, in excess of 10 tons per day of general waste
4. Treatment of general waste at a facility with capacity exceeding 10 tons per day (excluding organic composting)
5. Disposal of inert waste to land in excess of 25 tons
6. Disposal of general waste to land covering an area of 50–200 m² with a total capacity not exceeding 25 000 tons
7. Disposal of domestic waste generated in unserviced areas where the waste disposed exceeds 0.5 tons per month
8. Construction, expansion or decommissioning of any Category A facility

Category B — Hazardous Waste

Category B applies to hazardous waste at materially lower thresholds and likewise requires a WML supported by a basic assessment process under the EIA Regulations. Activities include:

1. Storage of hazardous waste in lagoons (excluding effluent, wastewater or sewage)
2. Reuse or recycling of hazardous waste in excess of 0.5 tons per day
3. Recovery (refining, utilisation or co-processing) of hazardous waste at a facility processing in excess of 0.5 tons per day
4. Treatment of hazardous waste at a facility processing more than 0.5 tons per day, calculated as a monthly average
5. Treatment of hazardous waste in lagoons
6. Disposal of any quantity of hazardous waste to land
7. Construction, expansion or decommissioning of any Category B facility

Operators familiar with the 2013 Listed Activities Notice will note that, on the face of the Draft Notice, Category B activities (hazardous waste) appear to be subject to a basic assessment process, rather than the scoping and environmental impact reporting process historically applied to those activities. Where applications are anticipated or in progress, the implications should be considered carefully.

Category C — Compliance With Norms And Standards

Category C activities do not require a WML, but operators must comply with applicable Minister-determined norms and standards. Listed activities include:

1. Storage of general waste in excess of 100 m³ capacity (excluding lagoons and temporary storage)
2. Storage of hazardous waste in excess of 80 m³ capacity (excluding lagoons and temporary storage)
3. Storage of waste tyres in an area exceeding 500 m²
4. Scrapping or recovery of motor vehicles at a facility with an operational area exceeding 500 m²
5. Compliance with the existing Norms and Standards for the storage of waste, the extraction/flaring/recovery of landfill gas, the sorting/shredding/crushing/screening/bailing of general waste, the composting of organic waste and the treatment of organic waste

For some smaller-scale operators, the practical effect may be a shift from a licensing regime to a compliance-based regime, with the regulatory focus moving to ongoing compliance with the applicable norms and standards rather than upfront authorisation.

Key Definitional Changes

The Draft Notice introduces or clarifies several definitions of practical significance, including:

1. “Construction” is now defined to exclude any modification, expansion or upgrade that does not change the nature of the activity or increase the range of outputs of the facility, narrowing the trigger for construction-related WMLs
2. “Expansion” captures any modification, extension, alteration or upgrade that increases the capacity of the facility or the volume of waste handled
3. “Temporary storage” is limited to once-off storage of waste for a period not exceeding 90 days
4. “Co-processing” is defined as the use of alternative fuels and/or raw material processes for energy or resource recovery, substituting conventional fuels or raw materials

These definitions will materially affect whether a given operational change at an existing facility requires a fresh licensing process.

How Bishop Fraser Attorneys Can Assist

The Draft Notice represents a substantive recalibration of the South African waste regulatory framework, with material implications for the licensing of mining, manufacturing and waste-handling operations.

Bishop Fraser Attorneys advises clients on:

1. Regulatory mapping of existing and contemplated operations against the Draft Notice and the 2013 Listed Activities Notice
2. Preparation and submission of written representations and objections during the public consultation phase
3. Pending WML applications and the impact of the Draft Notice’s transitional provisions
4. Enforcement risk management and administrative law strategy under NEM:WA

Early engagement during the 60-day comment period offers the opportunity to shape the final Notice and to plan for the licensing transition before the new framework comes into force.