If your business generates hazardous waste—whether it’s chemicals, medical waste, contaminated containers, or asbestos—you carry a significant legal and environmental responsibility.
South Africa’s hazardous waste regulations are comprehensive and strictly enforced. Non-compliance can result in hefty fines, criminal charges, facility shutdowns, and lasting reputational damage .
At SHEQ Group, we help businesses navigate these complex requirements. As a registered Waste Transporter (GPT-11-473) and member of the Institute of Waste Management of Southern Africa (IMWISA), we ensure your hazardous waste is handled safely, legally, and responsibly.
In this post, we break down the key regulations, your legal obligations, and best practices for hazardous waste management in South Africa.
What is Hazardous Waste?
Under the National Environmental Management: Waste Act (NEMWA), Act 59 of 2008, waste is divided into two classes based on the risk it poses: general waste and hazardous waste .
Hazardous waste is any waste that contains organic or inorganic elements or compounds that may, owing to its inherent physical, chemical or toxicological characteristics, have a detrimental impact on health and the environment .
The Legal Framework: Key Legislation
1. National Environmental Management: Waste Act (NEMWA), Act 59 of 2008
This is the primary legislation governing waste management in South Africa. It provides the framework for the classification, storage, transport, treatment, and disposal of waste .
2. Waste Classification and Management Regulations (2013)
These regulations establish the mechanism and procedure for waste classification and prescribe the requirements for disposal of waste to landfill . They also set out general duties for waste generators, transporters, and managers.
3. National Environmental Management: Air Quality Act (NEM:AQA)
This act governs air emissions, including those from waste treatment activities like incineration .
4. SANS Standards
Several South African National Standards apply to hazardous waste management:
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SANS 10234: Hazardous waste classification
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SANS 10228: Identification and classification of dangerous goods for transport
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SANS 10229: Packaging of dangerous goods for transport
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SANS 10248: Management of healthcare waste
5. National Health Act Regulations
The National Health Act includes specific regulations for health care waste management in health establishments, covering handling, storage, collection, transportation, treatment, and disposal .
Your Legal Obligations as a Hazardous Waste Generator
If your business generates hazardous waste, you have specific legal duties under South African law.
1. Registration
If you generate more than 20kg of hazardous waste per day, you must register with the South African Waste Information System (SAWIS) .
2. Waste Classification
All hazardous waste must be assessed and classified according to SANS 10234 and the Waste Classification and Management Regulations . This determines how the waste must be handled, transported, and disposed of.
3. Storage and Labelling
Hazardous waste must be stored in clearly marked, secure containers that comply with national storage and labelling regulations . Key requirements include:
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Appropriate containers that are compatible with the waste type
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Clear labelling with hazard symbols and waste description
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Secure storage area with controlled access
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Compliance with local by-laws and threshold limits for storage
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4. Waste Manifest System
This is a critical requirement. Every consignment of hazardous waste must be accompanied by a Waste Manifest document .
The manifest must contain the information specified in Annexure 2 of the Waste Classification and Management Regulations and must be completed by:
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The generator (before waste leaves the premises)
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The transporter (during transport)
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The waste manager (upon acceptance at the disposal/treatment facility)
All parties must retain copies of Waste Manifest documentation for at least five years and make them available to the Department of Health upon request .
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5. Transport Requirements
Hazardous waste transport is strictly regulated:
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Transporters must be registered and use licensed vehicles that meet Department of Transport regulations
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Vehicles must comply with local municipal permit requirements
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Packaging and containerization must meet SANS 10228 and SANS 10229 requirements
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The entire load must comply with Waste Management Regulations
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Transporters must not accept hazardous waste unless a Waste Manifest document accompanies it
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6. Disposal Requirements
Hazardous waste must be disposed of at a licensed hazardous waste facility registered with the Department of Forestry, Fisheries and the Environment (DFFE) . It cannot be sent to general landfill sites.
Certain waste management activities require a Waste Management Licence (WML) , including:
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