Notice of intention to take decision on applications of exclusion of a waste stream or portion of such a waste stream for beneficial use
Since the promulgation of the National Environmental Management: Waste Act (NEMWA), 2008 (Act No. 59 of 2008) on 01 July 2009, the Department of Environmental Affairs, the provincial departments and the local municipalities responsible for waste management have been implementing the provisions of the NEMWA. Through the implementation process over the years gaps and implementation challenges with regard to the NEMWA have been identified. This led to amendment of the NEMWA to address the gaps and challenges that were identified.
The NEMWA was amended by the coming into effect of the National Environmental Management Waste Amendment Act (NEMWAA), 2014 (Act No. 26 of 2014) which was published on 02 June 2014. The amendments were done to provide solutions to gaps and challenges in the implementation of the NEMWA. The NEMWAA includes new changes such as amendment of definitions, application of the NEMWA to residue stockpile and residue deposit, the introduction of the waste management bureau and others.
Schedule 3 of the NEMWAA has a list of defined wastes which outlines the description and sources of such waste. The NEMWA empowers you in tenns of section 1(i)(b)(iv) to exclude certain waste streams from the definition of waste in a prescribed manner through a Notice in the gazette. The prescribed manner stated in the definition of waste was therefore used together with section 69(1)(dd) to develop draft regulations. The proposed exclusion regulations are developed in order to give effect to section 1(i)(b)(iv).
The draft regulations were developed and Gazetted in November 2014 for public comments in Government Gazette No. 38210 for a period of 60 days. A number of comments were received from the public and other stakeholders were also consulted through provincial workshops. The regulations were revised according to comments received from the stakeholders and published for a second time for comments in Government Gazette No. 40887 on 02 June 2017.
A substantial number of the comments received were related to the criteria for excluding applications which required further stakeholder consultation, both internally and externally. After having concluded the consultations, including several consultations with Business South Africa (BUSA}, the regulations have been revised substantially to reflect mutually acceptable criteria for exclusion of waste streams or portions thereof from the definition of waste. In essence, the previous list of criteria for exclusion was replaced with new regulations requiring, inter alia, for a comprehensive risk assessment study to be conducted. The risk assessment includes a risk management plan to manage the potential risks identified in the risk assessment. The list of waste streams excluded was taken out of the main body of the text and attached as Schedule 1 to the regulations.
After considering the comments received, the regulations were revised again and published for a third time for comments on 12 January 2018.
In the latest version of the regulations, the register (list) of excluded waste streams was removed from the regulations and will be published separately on the South African Waste Information Centre (SAWIC). Transitional arrangements have been changed to provide for holders of permitted uses granted in terms of section 76 of the NEMWA or waste management license holders to submit a risk assessment and risk management plan for continuous permitted use once the Waste Management Licence (WML) has lapsed.
The Minister of Environmental Affairs, under regulation 6(3) of the Waste Exclusion Regulations, 2018, read with sections 72 and 73 of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), gives notice of intention to take a decision on the applications for the exclusion of a waste stream or a portion of such a waste stream for beneficial use, for waste slag from ferrochrome metallurgy; ash from combustion plants; gypsum from pulp; paper and cardboard production and processing; as well as biomass from pulp, paper and cardboard production and processing.
|7.||Sappi Southern Africa -Saiccor||12/9/11/L1809211152148/4/|
|17.||Mondi - Merebank||12/9/11/L180921155908/4/N/|
|43.||Eskom 17 Sites||12/9/11/L181107192952/3/|
|45.||Silicon Smelters (Pty) Ltd-Rand Carbide||12/9/11/L181107183930/6/|
- National Environmental Management: Waste Act (Act 59 of 2008): Consultation on applications received for the exclusion of waste streams or a portion of such waste stream from the definition of waste for the purposes of beneficial use [G42645 – GN 1077]