How do you get a waste management licence in South Africa?

The legal framework

Waste management activities are regulated under the National Environmental Management: Waste Act 59 of 2008. Government Notice 921 of 2013, as amended, lists the specific activities that require a waste management licence, split into Category A and Category B, based on risk and scale.

Some activities fall below licensing thresholds but still need to comply with published norms and standards, or need only registration with the department rather than a full licence. Getting the category wrong at the outset is the most common cause of delay, because it determines both the assessment pathway and the decision-making authority.

Category A and Category B activities

Category A activities are lower risk and smaller scale, generally decided by the provincial environmental authority following a Basic Assessment. Category B activities are higher risk or larger scale, such as bigger storage, treatment or disposal facilities, and are decided by the national Department of Forestry, Fisheries and the Environment following a Scoping and Environmental Impact Report process.

The dividing line between the two categories is usually a volume or tonnage threshold set out in GN 921 of 2013 for each specific activity, for example the storage or treatment of general or hazardous waste above a stated daily or annual tonnage. Waste type, whether general or hazardous, also affects which category and which assessment pathway applies.

Norms and standards, and registration-only activities

Certain activities, particularly some recycling, sorting or storage activities below stated thresholds, are excluded from licensing altogether and instead governed by published norms and standards under section 69 of NEMWA, or simply require registration with the department. This route is materially faster because there is no environmental impact assessment.

Confirming whether an activity actually qualifies for the norms and standards route, rather than assuming it does, is important, because operating below the correct standard without registration is itself an offence.

• Category A: smaller scale, Basic Assessment, provincial authority
• Category B: larger scale or higher risk, Scoping and EIR, national authority
• Norms and standards or registration only: below licensing thresholds, no full EIA

Basic Assessment versus Scoping and EIR

A Basic Assessment is a single-phase process producing one report, typically completed within a shorter statutory timeframe. A Scoping and Environmental Impact Report is a two-phase process, first defining the scope of issues and alternatives, then a full impact assessment, and takes considerably longer because of the additional public participation round.

Category A waste licences are almost always paired with a Basic Assessment. Category B waste licences are almost always paired with Scoping and EIR, unless the specific activity in GN 921 of 2013 directs otherwise for a listed sub-category.

Licence conditions and ongoing compliance

A waste management licence issued under NEMWA carries binding conditions covering monitoring, reporting, financial provision for closure, and audit requirements. Non-compliance can lead to suspension or revocation of the licence under section 51 of the Act, in addition to the general enforcement powers available under NEMA.