LICENSING OFWASTE MANAGEMENT ACTIVITIES , LEGISLATION UPDATE

LICENSING OF WASTE MANAGEMENT ACTIVITIES
LEGISLATION UPDATE
DATE : 12 March 2020
Asbestos and Land Remediation workshop
Presenter: MS. THIZWIKONI RAMAVHONA
Chemicals and Waste Management

2
PRESENTATION OUTLINE
PRESENTATION OUTLINE
• Introduction
• Legislative framework
• Licensing Authorities
• Amendments to WMA list
• Main features of Amended List
• Other licensing related provisions
• Other Regulatory provisions
• Requirements for disposal of waste

INTRODUCTION
• The Constitution
• The Waste Act
• The National Waste Management Strategy
The Waste Act aims to protect health, well-being and the
environment by providing reasonable measures for:
– Avoiding the generation of waste;
– Reducing, reusing, recycling and recovery of waste
– Treating and safely disposing of waste as a last resort;
– Preventing pollution; and
– Securing ecologically sustainable development while
promoting justifiable economic and social development

Legislative framework
• Sect 20 of NEM: WA prohibits persons to commence, undertake or conduct waste
management activity unless they have a waste management licence.
• A Waste Management Licence is a legally binding document issued in terms of
Section 49(1) of the NEM:WA.
• The Minister published Government Notice(GN) 718 dated, 3rd July 2009) a list of
waste management activities that require a waste management licence.
• GN 921 dated 29 November 2013 repealed GN 718 dated 3rd July 2009.
• The list have activities under Category A -Basic Assessment (BA) and Category
B- Full (Environmental Impact Assessment(EIA), Category C- Norms and
Standards

Waste Act & Regulations
• Waste Act Listed Activities (require licensing)
• Waste Classification & Management Regulations
• Norms and Standards for:
– Assessment of Waste for Landfill Disposal
– Disposal of Waste to Landfill
– Storage of Waste
– Scrapping or recovery of motor vehicles
– Extraction, flaring or recovery of landfill gas
– Composting of waste (draft)

Licensing Authorities (Sect 43)
Minister of DEA the licensing authority where:-
hazardous waste management activities are undertaken;
Both general and hazardous activities are undertaken in
the same facility;
Waste Management Activity/s that involve international
obligations;
Activity undertaken by a National Department;
Activity undertaken by a Provincial Department of
Environmental Affairs

Minister of DEFF the licensing authority where:-
Waste Management Activity is undertaken by a national
department or a statutory body.
The MEC for a Provincial Environment Department is the
licensing authority for all listed general waste management
activities

Minister of Mineral Resources is the licensing authority where the waste
management activity is directly related to:-
Prospecting or exploration of a mineral or petroleum resource;
Extraction and primary processing of a mineral or petroleum resource
or;
Residue deposits and residue stockpiles from a prospecting, mining,
exploration or production operation.

Amendment of the WMA List
Amendment of the WMA List
• NEMWA-section 19(2) provides that the Minister may amend the list
by adding other waste activities, removing activities or making
changes to the particulars in the list
• List must indicate whether a licence is required or not or set
requirements or standards which must be adhered to when
conducting the activity

Main features of the Amended List
Amendment of Definitions
Category A
Storage of waste:
Removed storage of both general and hazardous waste
Retained storage of general and hazardous waste in lagoons
Recycling or recovery of waste
Deleted reuse of general waste
Removed crushing and screening and changed the threshold to an
operational area in excess of 1000m2

 Recycling or recovery of waste
 Removed scrapping or recovery of motor vehicles
 Removed Extraction, Flaring or Recovery of Landfill Gas
 Included the recovery of hazardous waste (for lower thresholds that
require a BA process)
 Recycling of general waste based on the operational area of the
facility and not on tons recycled
 Increased the thresholds for recovery of waste

 Treatment of waste:
 Any form of treatment included (reworded)
 Deleted the processing of waste at biogas installations as a stand
alone activity
 Removed the treatment of effluent, wastewater or sewage (EIA
Listing Notice)
 Deleted the treat of Animal manure- covered under treatment off
waste
 Reuse, recycling and recovery of waste
 Set thresholds for the reuse and recycling of hazardous waste
 Included the recovery of general waste in excess of 100 tons

Other Licensing Related Provisions
Other Licensing Related Provisions
• The NEM: WA has also made provision for the following:
• Transfer;
• Review;
• Variation;
• Renewal;
• Revocation; and
• Suspension and surrender of WML
NEM: WA
Sect 52-57

Requirements for Disposal of Waste
• Waste is assessed according to the Standard for
Assessment of Waste for Landfill Disposal Regulation
• Determine waste type for landfill disposal (Type 1, 2, 3
or 4)
• Type of waste will determine the class of landfill at
which the waste may be disposed of (Class A, B, C and
D)
• Class of landfills have different liner requirements

Requirements for Disposal of Waste
• Class A – Type 1 waste, e.g. hazardous waste, asbestos,
HCRW
• Class B – Type 2 waste, e.g. domestic waste, garden
waste, business waste
• Class C – Type 3 waste, e.g. waste tyres, consumer
packaging
• Class D – Type 4 waste, e.g. excavated earth material,
building and demolition waste

• Control Environmental Officer Grade B
• Mr Lucas Mahlangu
• T: 012 399 9791
• lmahlangu@environment.gov.za
• LMahlangu@environment.gov.za
http://sawic.environment.gov.za

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