News Flash No. 12/2015

NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT 59 OF 2008

MacRobert wishes to draw your attention to the following important notices
published on 24 July 2015

The Minister of Environmental Affairs has published the following notices in terms of the National Environmental Management: Waste Act 59 of 2008 ("NEM:WA"), namely -

• Regulations regarding the planning and management of residue stockpiles and residue deposits; and
  
• Amendments to the list of waste management activities that have, or are likely to have, a detrimental effect on the environment.

Regulations

The purpose of the regulations is to regulate the planning and management of residue stockpiles and residue deposits from a prospecting, mining, exploration or production operation and sets out provisions pertaining to, inter alia, characterisation and classification of residue stockpiles and residue deposits; investigation and selection of sites for residue stockpiling; and decommissioning, closure and post closure management of residue stockpiles and residue deposits.

In terms of the transitional arrangements to the regulations, anything done in terms of regulation 73 of the Mineral and Petroleum Resources Development Regulations, 2004 that can be done in terms of these regulations must be deemed to have been done in terms of these regulations. Furthermore, management measures of residue stockpiles and residue deposits approved in terms of the Mineral and Petroleum Resources Development Regulations, 2004 must be regarded as having been approved in terms of these regulations.

Waste management activities

The list of waste management activities that require a waste management licence as published under GNR 921 on 29 November 2013, has been amended by the addition of the following waste management activities -

• Category A, activity 15: "The establishment or reclamation of a residue stockpile or residue deposit resulting from activities which require a prospecting right or mining permit, in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)"; and
• Category B, activity: "The establishment or reclamation of a residue stockpile or residue deposit resulting from activities which require a mining right, exploration right or production right in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)".

In terms of the transitional arrangements to the amendments made to the list of waste management activities, an environmental management programme or plan approved in terms of the Mineral and Petroleum Resources Development Act 28 of 2002 is deemed to be approved and issued in terms of the NEM:WA.

Furthermore, the amendments to the list of waste management activities provide that Category C activities, as listed in GNR 921, do not apply to the waste management activities relating to the establishment or reclamation of a residue stockpile or a residue deposit. In other words, the norms and standards applicable to the storage of waste will not find application to the aforesaid activities.

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

Palesa Matsheka
(012) 425 3587
pmatsheka@macrobert.co.za