Do I need a waste management licence, and is it Category A or B?
Waste activities are listed in Government Notice 921 under the Waste Act. Category A activities need a licence supported by a Basic Assessment. Category B activities, which are larger or higher risk, need a licence supported by Scoping and an EIR. Some smaller activities only require registration under a published norm or standard.
What do you do with the waste?
How this is decided in law
Waste management activities are regulated under the National Environmental Management: Waste Act 59 of 2008. Section 19 empowers the Minister to list activities that require a waste management licence, and the operative list is Government Notice 921 of 2013, as amended.
GN 921 splits listed activities into two categories. Category A activities require a licence supported by a Basic Assessment. Category B activities are larger or higher risk and require a licence supported by a Scoping Report and an Environmental Impact Report. The category is determined by the activity and its threshold, not by how the business describes itself.
There is a third route. Where the Minister has published a norm or standard for an activity, compliant operators register rather than license. Storage, sorting and some small-scale recovery operations fall here. Registration is materially faster, but it binds you to the published conditions and does not scale — exceed the threshold and you need a licence.
Thresholds are where most operators get caught out. Storage capacity and daily throughput are assessed separately, and the higher one governs. A yard that stores 150 tonnes while processing only ten tonnes a day is assessed on the 150 tonnes.
Hazardous waste changes everything. Solvents, waste oils, batteries, asbestos, healthcare risk waste, e-waste components and contaminated soil push an activity toward Category B and bring geohydrological and air quality studies with them. Classification under SANS 10234 and the waste classification regulations should be done before the application, not during it.
Waste licences are also commonly needed alongside other authorisations. Recycling plants often need environmental authorisation for associated listed activities, an atmospheric emission licence for thermal processes, and a water use authorisation where leachate is a factor. Running these in parallel with one coherent set of studies is far cheaper than sequentially.
Operating an unlicensed waste activity is an offence and is typically resolved through section 24G rectification under NEMA alongside a licence application. If you are already operating, say so at the first call — it changes the strategy, not our willingness to act.
Our waste licensing fees are fixed and agreed in writing before work starts, with government fees included. Third-party specialist studies are quoted at cost once the plan of study is agreed with the authority.
| Activity | Typical route | Timeline | Indicative fee |
|---|---|---|---|
| Storage of general waste under 100 m³ | Norm or standard — registration | 6 – 12 weeks | R35,000 – R65,000 |
| Sorting, shredding or baling of general waste | Category A licence | 8 – 14 months | R80,000 – R180,000 |
| Recycling of general waste on site | Category A licence | 8 – 14 months | R80,000 – R180,000 |
| Storage of hazardous waste above 80 m³ | Category B licence | 14 – 24 months | R180,000 – R320,000 |
| Treatment of hazardous waste | Category B licence | 14 – 24 months | R220,000 – R420,000 |
| Land disposal — any landfill | Category B licence | 18 – 24 months | R250,000 – R420,000 |
| Remediation of contaminated land | Category B licence plus s38 remediation order | 14 – 24 months | Quoted on facts |
| Already operating without a licence | s24G rectification plus licence | 18 – 30 months | Quoted on facts |
The process, step by step
- 1Activity and threshold confirmation
We map your operation onto GN 921, confirm the category, and tell you in writing which route applies and what it costs.
- 2Waste classification
Waste streams are classified under the waste classification and management regulations, because that determines the studies you need.
- 3Authority pre-application
We agree the plan of study with the provincial competent authority before any specialist is appointed.
- 4Assessment and public participation
Basic Assessment for Category A, or Scoping and EIR for Category B, with the required registration of interested and affected parties.
- 5Lodgement and decision
We lodge, manage information requests, and take the application through to a licence.
- 6Conditions and compliance
Licence conditions become a monitoring and reporting calendar, with the external audits the licence requires diarised.
Questions people ask
What is the difference between Category A and Category B?
Category A activities need a waste management licence supported by a Basic Assessment. Category B activities are larger or higher risk — disposal, hazardous treatment, remediation — and need Scoping plus a full Environmental Impact Report, which roughly doubles the timeline.
Do I need a licence to run a scrapyard or recycling yard?
Usually yes. Sorting, shredding, baling and recovery of general waste are listed activities once you cross the volume thresholds. Small storage-only operations may fall under a published norm and only require registration.
How long does a waste management licence take?
Realistically eight to fourteen months for Category A and fourteen to twenty-four months for Category B. Specialist studies and public participation set the pace, not the lodgement itself.
What does a waste management licence cost?
Our fixed fee is R80,000 to R180,000 for Category A and R180,000 to R420,000 for Category B, government fees included. Specialist studies are quoted at cost after the plan of study is agreed.
What counts as hazardous waste?
Waste with hazardous characteristics under the classification regulations and SANS 10234 — solvents, waste oil, batteries, asbestos, healthcare risk waste, many e-waste fractions and contaminated soil. Correct classification is the first technical step in any application.
Can I operate while my licence application is pending?
No. Conducting a listed waste activity without a licence is an offence, and a pending application is not a defence. Where operations have already started we run a rectification application in parallel.
Do I need environmental authorisation as well?
Often. Associated infrastructure, clearing of vegetation or bulk earthworks can trigger separate listed activities under the EIA regulations, and thermal processes bring an atmospheric emission licence into play. We scope all of it up front so studies are done once.
Who is the competent authority?
For most waste activities it is the provincial environmental department. Certain activities, particularly those linked to mining or national infrastructure, sit with the national department.
Does a licence transfer when the business is sold?
A waste management licence is transferable but only with the authority's approval, and the transfer should be a condition precedent in the sale agreement rather than an afterthought.
Registration 2016/074955/07. Registered with the Department of Water and Sanitation (DWS) and an applicant for EAPASA registration. Regulatory and licensing advisory across South Africa — Pretoria offices, serving Gauteng, the Western Cape and all other provinces. 087 153 6207 · support@dlegal.co.za
This page is general information on the applicable legislation, not legal advice on your specific facts. Fee ranges are indicative; your fixed fee is agreed in writing before any work starts.