THE WASTE MANAGEMENT RULES, 2021 AND THE WASTE MANAGEMENT (FEES) REGULATIONS, 2021
The Waste Management Rules, 2021 (WMR) and the Waste Management (Fees) Regulations (WMFR) 2021 take effect on 31 May 2022, and the Environmental Management Authority (EMA) is providing relevant information to ensure that all stakeholders are aware of the requirements and roll-out of the WMR and WMFR.
The WMR and WMFR were laid in the House of Representatives on 2 July 2021 and in the Senate on 5 July 2021. The WMR and WMFR support the legal framework to improve the national management of hazardous and non-hazardous waste. The objective is to regulate activities related to the management of waste such as generation, processing, treatment, packaging, storage, transportation, collection, disposal, recovery, and recycling through a permitting regime. The permitting regime consists of the following two groups:
- Generators (holders of a Waste Generation Permit) who produce non-hazardous wastes at or above specified quantities or hazardous waste at any quantity.
- Handlers (holders of a Waste Handling Permit) who receive waste from another person for collection, storage, processing, treatment, recovery, recycling, or disposal.
Note the WMR and WMFR exempt radioactive waste, gaseous emissions, and wastewater from wastewater treatment premises as such wastes are controlled or will be controlled by other legislation.
The timeframes for submission of applications are:
- Within sixty working days from 31 May 2022 for existing Generators
- Within ninety working days from 31 May 2022 for existing Handlers
Or such longer period as determined by the EMA.
Due to the anticipated number of applications, the EMA will, on a phased basis, notify a facility to submit their application. A facility will have a minimum of sixty working days from the date of notification to submit the application. The first phase of notifications will be issued on or after 31 May 2022.