South Africa calls on historic waste sites to apply for licences 16 years after waste act implementation

SOUTH AFRICA – Operators of long-standing waste disposal facilities in South Africa have been formally instructed to apply for waste management licences (WMLs) for the first time since the National Environmental Management: Waste Act (NEMWA) came into effect 16 years ago.

The directive follows a notice issued on December 10 by Forestry, Fisheries and the Environment Minister Willie Aucamp, requiring eligible operators to submit applications by December 9, 2027.

According to legal specialists at Webber Wentzel, partners Garyn Rapson and Paula-Ann Novotny, senior associate Cobus Hoon and candidate attorney Lia Wheeler, the notice primarily targets operators of waste disposal facilities that were established before the Environment Conservation Act (ECA) came into force and remained operational when NEMWA commenced in 2009.

It also applies to holders of permits originally issued under Section 20 of the ECA where the Minister remains the licensing authority, and to operators of listed waste management activities that were lawfully conducted under Government Notice No. 91 of February 1, 2002.

NEMWA replaced the ECA’s permitting system with a more comprehensive licensing framework that regulates a broader spectrum of waste activities beyond traditional landfills, including treatment, recycling and storage.

Transitionary provisions allowed historically authorized facilities to continue operating until the Minister formally called for licence applications.

The December 2024 notice now activates this transitional clause, bringing decades-old waste sites into South Africa’s modern regulatory system.

However, the Webber Wentzel attorneys say several uncertainties remain. Some facilities active in 2009 may have since closed, while ambiguity exists around which ECA permit holders fall under the new WML requirement.

The notice references Section 43 of NEMWA, which specifies that the Minister is the licensing authority only in limited cases involving hazardous waste, cross-boundary impacts or government-operated facilities.

Lawyers argue it is unclear whether this scope was intended or whether all former ECA permit holders issued by the national Minister should apply.

Operators required to apply must do so via a prescribed Department of Forestry, Fisheries and the Environment (DFFE) form, accompanied by a pollution-impact assessment conducted by an independent specialist.

This assessment must detail the extent of environmental degradation and propose mitigation measures through an environmental management program.

The process also entails a 30-day public participation period, after which the licensing authority has 120 days to issue a decision once all documentation is received.

Importantly, NEMWA’s Section 81(3) indicates that existing ECA permits will automatically lapse if applications are not submitted within the deadline.

Webber Wentzel advises operators to urgently assess whether they fall within the scope of the notice.

The move marks a significant regulatory shift aimed at strengthening compliance and accountability for legacy waste facilities that have operated under transitional arrangements for more than a decade.

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