Summary of Newly Published Waste Management Licence Regulations 

Summary of Newly Published Waste Management Licence Regulations

Introduction

The Minister of Forestry, Fisheries and the Environment has published two interlinked notices under the National Environmental Management: Waste Act, 2008 (“NEMWA”) on 10 December 2025:

  • Notice Calling Upon Certain Persons to Apply for a Waste Management Licence in GN 53831 GG 6938 of 10 December 2025; and
  • Regulations Relating to the Procedure to be Followed by Persons Called Upon by the Minister to Apply for a Waste Management Licence in GN 53831 GG 6939 of 10 December 2025,

Together, these instruments are referred to as the Waste Management Licence Regulations (“WML Regulations”). They came into effect on 10 December 2025.

The WML Regulations (i) identify those persons required to apply for a waste management licence (“WML”) and (ii) prescribe the mandatory procedure to be followed when submitting such applications.

Persons Subject to the WML Regulations

The WML Regulations apply to the following categories of persons:

Pre-ECA Waste Disposal Facilities

Persons operating a waste disposal facility established before the commencement of the Environmental Conservation Act, 1989 (“ECA”), provided that the facility was still operational when NEMWA came into force

Holders of ECA Permits

Holders of section 20 ECA permits where the Minister is the licensing authority in terms of section 43 of NEMWA.

Pre-2009 Listed Waste Management Activities

Persons who:

  • conducted a listed waste management activity in Schedule 1 of NEMWA on 6 March 2009; and
  • were, immediately before that date, lawfully operating in compliance with the 2002 section 20(5)(b) Directions relating to general communal and general small waste disposal sites (GN 23053)

Exclusions

The WML Regulations do not apply to facilities whose WMLs have expired, been suspended or revoked.

Application Procedure

Application Form

Applicants must submit the prescribed application form contained in Appendix 1 of the WML Regulations.

Pollution Impact Assessment Report

A key supporting document is a pollution impact assessment report prepared by an independent specialist. The report must include:

  • Assessment of pollution and degradation associated with the relevant activity; and
  • An Environmental Management Programme (“EMPr”) that:
    • sets out mitigation measures for each identified impact, with a view to remediation or, if remediation is not possible, minimisation and control; and
    • includes all information required under Appendix 2 of the WML Regulations.

Public Participation Requirements

In addition to complying with section 47 of NEMWA, the application must:

Site Notice

  • Erect a notice board at a visible and publicly accessible point on the site boundary.
  • The notice board must be at least 60 cm × 42 cm and contain legible text.

Access to Information

The applicant must make all relevant information available to the public, including:

  • the pollution impact assessment report; and
  • the EMPr.

Consultation Period

The public, interested and affected parties (“I&APs”) and relevant organs of state must be afforded at least 30 days to comment.

Submission of Comments and Responses Report

Following the public participation process, the applicant must submit to the Minister or MEC (as determined by GN 49511 of 17 October 2023):

  • the pollution impact assessment report, together with
  • a comments-and-responses report containing all written comments received and the applicant’s responses.

General Provisions

Non-Compliant or Incomplete Applications

Where required information is lacking, the licensing authority may issue a directive requiring the applicant to submit additional information within a specified timeframe.

Decision Timeframe

A licensing decision must be made within 120 days of receipt of all required information.

Appeals

Any decision issued under the WML Regulations may be appealed under the National Appeal Regulations, 2025.

Practical Implications

  • You should confirm urgently whether your facility or activity falls within the categories now obliged to apply for a WML, particularly if you operate older disposal sites or hold legacy ECA permits.
  • The process requires specialist technical inputs (pollution impact assessment and EMPr). These take time and should be commissioned early.
  • A structured public participation process is mandatory and will affect timelines. Ensure capacity to disclose relevant documents and manage comments.
  • Expect that the licensing authority may require additional information, which may extend the process.
  • Build in the statutory 120-day decision period and potential appeal timelines for project planning and compliance scheduling.