News Flash No. 01/2018

PROPOSED REGULATIONS TO EXCLUDE WASTE STREAMS FROM THE DEFINITION OF WASTE

MacRobert wishes to draw your attention to the following important notice
published on 12 January 2018

Notice	14
Gazette	41380
Date	12 January 2018

The Minister of Environmental Affairs has, in terms of sections 69(1)(dd), read with sections 1 and 73 of NEM:WA, given notice of her intention to make regulations to exclude a waste stream or a portion of a waste stream from the definition of waste as set out in the schedule to this notice.

The purpose of the regulations is to, inter alia -

Prescribe the manner in which a person or a category of persons may apply to the Minister for the exclusion of a waste stream or a portion of a waste stream from the definition of waste; and
Exclude a waste stream or a portion of a waste stream from the definition of waste.

Schedule 1 to the draft regulations list the waste streams or portion of a waste stream excluded from the definition of waste, which includes uses pertaining to -

Slag from Metallurgical processes;
Ash from combustion and gasification processes;
Gypsum from pulp, paper and cardboard production and processing and combustion and gasification processes; and
Biomass (defined as a non-fossilised and biodegradable organic material originating from plants, animals and micro-organisms excluding: (a) sewage; (b) sewage sludge; and (c) treated or coated wood waste which may contain halogenated organic compounds or heavy metals).

Members of the public are invited to submit written comments within 30 days from the date of this publication (i.e. on or before 12 February 2018).

For any queries, you are welcome to contact our environmental and mining law division:

Kenneth Cameron

(012) 425 3514
kcameron@macrobert.co.za

Caroline Pepermans

(012) 425 3522
cpepermans@macrobert.co.za

Madoda Ngiba

(012) 425 3622
mngiba@macrobert.co.za