Title: National Environmental Management: Waste Act, 2008: Intention to Amend the List of Waste Management Activities that have, or may have, a Detrimental Effect of the Environment
Gazette reference: GN 4361 in GG 50107 of 9 February 2024
Commencement date: Still to be published in a Gazette
On 9 February 2024, the Minister of Forestry, Fisheries and the Environment published her intention to –
- Amend, in terms of the National Environmental Management: Waste Act (“NEMWA”), the List of Waste Management Activities that have, or are likely to have, a detrimental effect on the environment (as published in GN. 921 of GG 37083 of 29 November 2013); and
- Provide for transitional arrangements as contemplated in section 19(3)(c) of NEMWA.
The List of Waste Management Activities (“the List”) is amended to remove certain activities which are intended to be managed in terms of the National Environmental Management Act, 1998. The removed activities are:
- Category A, activity (15): Residue stockpiles or residue deposits – the establishment or reclamation of residue stockpile or residue deposit resulting from activities which require a prospecting or mining permit.
- Category B, activity (11): Residue stockpiles or residue deposits – the establishment or reclamation of residue stockpile or residue deposit resulting from activities which require a mining right, exploration right or production right.
The Transitional Arrangements that have been provided are as follows:
- Any approval granted or waste management license issued in relation to ‘residue deposits and residue stockpiles’, prior to the coming into effect of this Notice, remains valid until it lapses or is replaced.
- An application for a waste management license for the activities being removed from the List outlined above, must be finalised in accordance with the procedures prescribed in terms of the NEMWA or may be withdrawn.
- The Regulations regarding the Planning and Management of Residue Stockpiles and Residue Deposits, 2015, remain operational.