Proposed Waste Exclusion Regulations
Title: Proposed Regulations to exclude a waste stream or a portion of a waste stream from the definition of waste
Government Gazette Notice: GN 14 in GG 41380 of 12 January 2018
Commencing Date: Not yet specified – Draft regulations for public comment (30 days)
The Minister of Environmental Affairs gave notice of her intention to make regulations to exclude a waste stream or a portion of a waste stream from the definition of waste under the National Environmental Management: Waste Act 59 of 2008 (“NEMWA”).
The proposed Regulations firstly provides in Chapter 2 for the requirements and application process to exclude waste streams or a portion of a waste stream. Secondly, it provides for a list of waste streams that are automatically excluded from the definition of waste with its associated permitted use and the transitional provisions related thereto. The aforementioned waste streams are listed in Schedule 1 and include: slag from metallurgical processes; ash from combustion and gasification processes; gypsum from pulp, paper and cardboard production and processing, and combustion and gasification processes; and biomass.
Interested persons who wish to comment on the draft Regulations are invited to do so in writing within 30 days after date of publication of this Notice (i.e. on/before 12 February 2018), to the Director-General: Environmental Affairs. For a copy of the Notice click here
So what for my operation?
Once the Regulations come into operation waste generators will be abe to apply for the exclusion of a waste stream or a portion thereof from the definition of waste by conducting a risk assessment and compiling a risk management plan to demonstrate that the beneficial use of the specific waste can be managed in such a way as to ensure that the use will not result in significant adverse impacts on the environment.
Schedule 1 waste streams:
As indicated above, waste streams that are included in Schedule 1 to the Regulations will automatically be excluded from the definition of waste once the Regulations come into operation. In terms of the transitional provisions, waste generators that lawfully commenced any permitted use or provided any waste listed in Schedule 1 for permitted use, prior to the promulgation of these Regulations will be required to notify the Minister in writing of its intention to continue such use.
Waste generators that unlawfully commenced any permitted use or provided any waste or use not listed in Schedule 1 prior to the promulgation of these Regulations need to apply to the Minister for rectification. Applications for activities made within 6 months of promulgation of the Regulations will be regularised for that use without a penalty.
Failure to comply with the requirements of the Regulations will constitute an offence liable on conviction to 15 years imprisonment, a fine or both such fine and imprisonment.