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The Department of Forestry, Fisheries & the Environment has issued Draft National Waste Exemption Regulations, 2026 (draft National Waste Exemption Regulations) for public comment, formalising how exemption applications under Sections 74–77 of the National Environmental Management: Waste Act 59 of 2008 (NEMWA) will be lodged, assessed and decided.
Applicability—what Section 74 does (and does not) allow
Allows: written applications for exemption from the application of a provision of NEMWA (i.e. specific duties, norms/standards obligations, reporting/administrative requirements).
Does not allow: using exemptions to avoid waste management licensing, registration under applicable Norms & Standards, or public participation - these are expressly excluded.
Proposed process at a glance
Under the draft National Waste Exemption Regulations, an applicant must submit a complete exemption application, which includes providing:
- a detailed motivation setting out the provision of the Act from which exemption is sought,
- the reasons for the request,
- baseline environmental information,
- the proposed mitigation measures,
- an alternatives assessment,
- any supporting documents, and
- disclosure of any past or current enforcement action related to the provision concerned.
It is worth noting that before lodging the application, the applicant must conduct a mandatory public participation process lasting at least 30 days and must include in its submission evidence of all comments received and responses provided.
Timelines:
- Applicant submits full exemption application with proof of public participation.
- Acknowledgement of receipt issued by the Minister/MEC within 14 calendar days of receiving a complete application.
- Decision to grant/refuse the exemption within 60 calendar days of receipt of a complete application.
- After Regulator has made a decision, they have 20 calendar days in which to notify and provide written reasons to the applicant.
- Applicant must notify I&APs of the outcome and appeal rights within 20 calendar days of being notified of the decision.
- Regulator may request additional information within 15 calendar days of receipt of the application for exemption.
Considerations for business:
The message for business is clear: exemptions buy time, not compliance. They come with a high disclosure burden and can expose operational weak spots. Treat them as a strategic tool to get your house in order, and not a way around regulatory obligations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
