PROPOSED WASTE LAW SHAKE-UP
FASTER APPROVALS, BIGGER RISKS - WHAT THE NEW RULES COULD MEAN FOR YOUR PROJECTS
The Minister for Environmental Affairs has recently declared his intention to amend the List of Waste Management Activities that have or are likely to have a detrimental effect on the environment.
The Minister’s proposed amendments to the Waste Act listed activities represent a material shift in how waste projects will be approved, regulated, and enforced in South Africa. For businesses operating in waste, infrastructure or industrial sectors, this presents both a commercial risk and opportunity.
FASTER APPROVALS
The new proposed framework simplifies thresholds. For example, recycling as a listed activity is only triggered if the facility recycles in excess of 10 tons per day.
What this means for you:
Simpler entry into projects
Faster turnaround times
But less distinction between small and large operations
NO FULL EIAs FOR WASTE PROJECTS
The current regulations are divided in Category A (Basic Assessment) and Category B (Full Scoping and EIA) activities.
The new proposals have completely removed the requirement for Scoping and EIA.
The only distinction the categories now create is that between General and Hazardous Waste.
What this means for you:
Shorter approval timelines
Reduced upfront study costs
But critically:
Less rigorous environmental assessment
Greater risk of:
Legal challenges
Community objections later in the project lifecycle
SHIFT FROM LICENSING TO STANDARDS COMPLIANCE
More activities fall under Category C (norms and standards)
What this means for you:
No waste licence required in many cases
Immediate ability to operate once compliant
Hidden implication:
Compliance risk moves from approval phase to the operational phase
In other words:
You may start faster, but you will be audited and enforced against later.
RISKS TO BUSINESS
You will require stronger internal compliance systems.
Reduced EIA requirements could affect financing conditions and increase due diligence costs, since investors and lenders often prefer projects with robust EIAs and clear environmental risk assessments.
Greater likelihood of public objections, appeals and judicial reviews, due to a less comprehensive environmental assessment.
The new proposals risk blurring the line between small operators and major industrial facilities.
RISKS TO CIVIL SOCIETY
There is less scrutiny for high-risk activities with the proposed abolition of Scoping and EIA.
There is a risk that cumulative and long-term environmental impacts will be ignored.
Fewer opportunities for affected communities to be heard.
The move towards standards-based regulation mean that there will be an over-reliance on an already weak enforcement system.
RISKS TO ENVIRONMENTAL ASSESSMENT PRACTITIONERS
By reducing the number of activities requiring full Environmental Impact Assessments and shifting others into Basic Assessments or standards-based compliance, the proposals are likely to:
Reduce demand for large, specialist-driven EIA processes
Compress timelines for environmental inputs
Limit the scope of traditional scoping and impact assessment work
In practical terms, this could mean less volume in conventional EIA work, particularly for mid- to large-scale waste projects.
Firms that continue to rely solely on traditional EIA processes may see declining demand.
These reforms may not only reshape how projects are approved, they may also reshape the environmental consulting industry itself.
CONCLUSION
The Minister’s proposed amendments represent an aggressive push toward deregulation and "ease of doing business", but at the same time it aims to:
reduce conventional EIA work done by Environmental Assessment Practitioners, and
limit the public's constitutional right to thoroughly contest high-impact waste developments.
Members of the public can submit written representations or objections to the proposed amendments within 60 days of the notice's publication (published on 12 May 2026)
Download the Draft Regulations HERE.
Disclaimer:
The information provided in this post is for general informational and educational purposes only and does not constitute legal advice. Environmental law is highly fact-specific, and the contents of this article should not be relied upon as a substitute for formal legal counsel. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. If you require specific legal advice regarding an appeal or environmental authorization, please schedule a formal consultation via my website at www.samie.co.za.
