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ARTICLE · 16 MARCH 2026

Draft National Waste Exemptions Regulations: A Pause Button, Not A Free Pass

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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...

South AfricaEnvironment
Gillian Niven
Gillian Niven
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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.

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