Law & Regulation
National Environmental Management: Waste Act 59 of 2008
South Africa's specialist statute regulating waste management, separately from — though institutionally aligned with — the general NEMA/EIA authorisation framework: national norms and standards, licensing and control of listed waste-management activities, and remediation of contaminated land. A listed waste-management activity may require both a NEMA environmental authorisation and a separate Waste Act licence.
Legal Significance
What This Instrument Does
Section 20 governs the consequences of listing a waste management activity: a listed activity may not be commenced or undertaken without the authorisation the listing requires, determined against the applicable listed-activities notice made under the Act. Sections 39 and 40 provide for orders requiring remediation of contaminated land and for the transfer of remediation obligations affecting a site. Instrument boundary: does not perform the general environmental-authorisation function carried out by NEMA and the EIA Regulations/Listing Notices — a separate, specialist licensing regime, potentially issued by a different competent authority.
Key Provisions
- Section 20 — Consequences of listing waste management activities
Governs the licensing consequence of a listed waste-management activity — it may not be commenced without the authorisation the listing requires. Practical consequence: construction, industrial and infrastructure projects that generate or handle waste streams above defined thresholds must obtain a Waste Act licence in addition to, not instead of, any NEMA environmental authorisation.
- Sections 39–40 — Remediation of contaminated land
Provides for orders requiring remediation of contaminated land and for the transfer of remediation obligations affecting a site. Practical consequence: pre-existing site contamination can materially affect land acquisition, development timing and liability allocation.
Legal Framework Position
- Environmental / PermittingSupporting / Related Instrument
Instrument Overview
- Official Citation
- 59 of 2008; Government Gazette 32000, 2008
- Instrument Type
- Law / Act
- Source Language
- English
- Last Verified
- 6 September 2026