When do I need environmental authorizations and licenses?

  1. Environmental Authorization

An environmental authorization is a formal approval issued by the Department of Environmental affairs under the Environmental Impact Assessment (EIA) Regulations. This formal approval is required for high impact activities identified in the NEMA listed activities. These include, but are not limited to, developments entailing the following:


  • Generation of electricity from non-renewable sources
  • Generation of electricity from renewable sources (mainly solar and wind)
  • Abattoirs (Anywhere where animals are slaughtered)
  • Concentration of animals (Feedlots, broiler houses, piggeries etc)
  • Agri-industrial facilities
  • Bulk transportation of water (Water supply pipelines)
  • Bulk transportation of wastewater/effluent (Outfall sewers)
  • Infrastructure for the distribution of electricity
  • Dams, weirs, bridges or any infrastructure that gets placed within a watercourse. 
  • Storage of dangerous goods (filling stations, diesel storage, tank farms etc.)
  • Clearance of vegetation (More than 300m2)
  • Relocation or removal of threatened or endangered species (plants and animals)
  • Petrochemical industries
  • Storage or refinement of waste

South Africa’s environmental framework also comprises various types of environmental authorizations and licenses that may be required for the above-mentioned activities that include:


  • Water Use License

Similarly a water use license is required if activities are listed under Section 21 of the National Water Act because they have an impact on water resources. These include:  


(Obtained from DWS: e-WULAAS – Authorisation Process)

  • Taking water from a water resource
    • Abstracting water from a river or borehole for the following purposes:
      • domestic use
      • irrigation
      • watering of livestock
      • industrial
      • mining
      • water bottling, etc.
  • Storing water
    • Raw water containment facilities constructed in-stream and in off-channel dams.
  • Impeding or diverting the flow of water in a watercourse
    • Construction of structures/facilities within surface water resources, e.g. weirs, bridges, pipelines, etc.
  • Engaging in a stream flow reduction activity
    • Plantation of forestry species (Eucalyptus, Pine and Wattle).
  • Engaging in a controlled activity identified as such in section 37(1) or declared under section 28(1) of the NWA
    • Irrigation with water containing waste, artificial recharge of aquifer, modification of atmospheric precipitation and in-stream power generation activities.
  • Discharging waste or water containing waste into a water resource
    • Discharging of water containing waste into a surface water resource, e.g. discharging treated effluent into a river or a wetland.
  • Disposing of waste in a manner which may detrimentally impact on a water resource.
    • Disposal of effluent into a water containment facility, dust suppression and stockpiles.
  • Disposing of waste in a manner which contains waster from or which has been heated in any industrial or power generation process.
    • Discarding of industrial/power generation waste water or water which has been heated.
  • Altering the bed, banks, courses or characteristics of a watercourse.
    • Construction of structures/facilities within surface water resources, e.g. weirs, bridges, pipelines, etc. Introduction of unnatural characteristic to the resource.
  • Removing, discharging or disposing of water found underground if it is necessary of the efficient continuation of an activity or for the safety of the people.
    • Extraction of water from underground workings for safe continuation of activities.
  • Using water for recreational purpose
    • The use of surface water resources for fishing, boating, etc.
  • Waste Management License

A Waste Management Licence is required for any activity involving the generation, storage, treatment, recycling, recovery, or disposal of waste, as prescribed in the List of Waste Management Activities that Have, or Are Likely to Have, a Detrimental Effect on the Environment, as Contemplated in Section 19 of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008). (GN R.921 of 2013) and includes the following listed activities:


  • Category A which entails, but is not limited to the following:
    • The storage of general waste in lagoons.
    • The recycling of general waste at a facility that has an operational area in excess of 500 m2, excluding recycling that takes place as an integral part of an internal manufacturing process within the same premises.
    • The recycling of hazardous waste in excess of 500 kg but less than one ton per day calculated as a monthly average, excluding recycling that takes place as an integral part of an internal manufacturing process within the same premises.
    • The recovery of waste including the refining, utilisation, or co-processing of waste in excess of 10 tons but less than 100 tons of general waste per day or in excess of 500 kg but less than one ton of hazardous waste per day, excluding recovery that takes place as an integral part of an internal manufacturing process within the same premises.
    • The treatment of general waste using any form of treatment at a facility that has the capacity to process in excess of 10 tons but less than 100 tons.
    • The treatment of hazardous waste using any form of treatment at a facility that has the capacity to process in excess of 500 kg but less than one ton per day excluding the treatment of effluent, wastewater or sewage.
    • The disposal of general waste to land covering an area of more than 50 m2 but less than 200 m2 and with a total capacity not exceeding 25 000 tons.
    • The establishment or reclamation of a residue stockpile or residue deposit resulting from activities which require a prospecting right or mining permit, in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002).
  • Category B which often entails but is not limited to the following:
    • The storage of hazardous waste in lagoons excluding storage of effluent, wastewater or sewage.
    • The reuse or recycling of hazardous waste in excess of one ton per day, excluding reuse or recycling that takes place as an integral part of an internal manufacturing process within the same premises.
    • The treatment of hazardous waste in excess of one ton per day calculated as a monthly average; using any form of treatment excluding the treatment of effluent, wastewater or sewage.
    • The disposal of any quantity of hazardous waste to land.
    • The disposal of general waste to land covering an area in excess of 200 m2 and with a total capacity exceeding 25 000 tons.
  • Category C which often entails but is not limited to the following:
    • The storage of general waste at a facility that has the capacity to store in excess of 100 m3 of general waste at any one time, excluding the storage of waste in lagoons or temporary storage of such waste.
    • The storage of waste tyres in a storage area exceeding 500 m2.
    • The scrapping or recovery of motor vehicles at a facility that has an operational area in excess of 500 m2.
    • The extraction, recovery or flaring of landfill gas.
    • The sorting, shredding, grinding, crushing, screening or baling of general waste at a waste facility that has an operational area that is 1000 m2 and more.
  • Atmospheric Emission Licence

An Atmospheric Emission Licence (AEL) is required for any facility conducting activities that result in the emission of pollutants into the atmosphere, as listed in Government Notice R.893 of 2013, these activities can be found under the “ List of Activities Which Result in Atmospheric Emissions Which Have or May Have a Significant Detrimental Effect on the Environment, Including Health, Social Conditions, Economic Conditions, Ecological Conditions or Cultural Heritage” and include but are not limited to the following:


  • Any combustion installation which has a design capacity equal to or greater than 10 MW (heat input), based on the lower calorific value of the fuel used.
  • Petroleum refining, production of gaseous fuels, and recovery of petroleum products.
  • Processes involving the destructive distillation of coal or the production of coke, coal tar, or related by-products.
  • Primary, secondary, or recovery smelting, refining, or casting of ferrous and non-ferrous metals and alloys.
  • Manufacture of cement, lime, and associated products through calcination or similar thermal processes.
  • Production of organic chemicals including solvents, alcohols, resins, synthetic rubbers, and plastics.

These are just some of the most common environmental authorizations and licenses and while authorisation processes can seem complex, they play a vital role in sustainable project planning. Obtaining environmental approval early on avoids delays, ensures compliance, and demonstrates that the project is being developed with environmental responsibility and long-term stewardship in mind.

At Ecosphere Environmental Management Services, we aim to simplify the often complex process of environmental compliance by helping our clients navigate the various authorisation and licensing requirements from the very beginning of their project.


As part of our commitment to proactive environmental management, we incorporate a Mini Screening into our quotation process. This preliminary, small-scale assessment provides clients with an early overview of key environmental considerations for their proposed development. It identifies the applicable legislative requirements, pinpoints potential environmental sensitivities, and highlights any specialist studies that may be needed.


By conducting this early-stage review, clients gain a clear understanding of the regulatory context, potential constraints, and likely approval pathways before committing to a full environmental assessment. This approach supports informed decision-making, reduces delays, and ensures that projects are planned and executed in a legally compliant and environmentally responsible manner.


Sources:


Republic of South Africa. (1998). National Environmental Management Act, No. 107 of 1998. Pretoria: Government Printer. Available at: https://www.gov.za/documents/national-environmental-management-act

Department of Environmental Affairs (DEA). (2008). National Environmental Management: Waste Act, No. 59 of 2008. Pretoria: Department of Environmental Affairs. Available at: https://www.gov.za/documents/national-environmental-management-waste-act

Republic of South Africa. (1998). National Water Act, No. 36 of 1998. Pretoria: Government Printer. Available at: https://www.gov.za/documents/national-water-act

Republic of South Africa. (2004). National Environmental Management: Air Quality Act, No. 39 of 2004. Pretoria: Government Printer. Available at: https://www.gov.za/documents/national-environmental-management-air-quality-act

Department of Environmental Affairs (DEA). (2014). Environmental Impact Assessment Regulations, 2014 (Government Notice R.982 in Government Gazette No. 38282 of 4 December 2014), as amended by GN R.517 of 2023. Pretoria: Department of Forestry, Fisheries and the Environment. Available at: https://www.gov.za/documents/nema-environmental-impact-assessment-regulations-2014-4-dec-2014-0000

Department of Environmental Affairs (DEA). (2014). Environmental Impact Assessment Regulations Listing Notice 1 (Government Notice R.983 in Government Gazette No. 38282 of 4 December 2014), as amended. Pretoria: Department of Forestry, Fisheries and the Environment. Available at: https://www.gov.za/documents/nema-listing-notice-1-activities-requiring-basic-assessment-4-dec-2014-0000

Department of Environmental Affairs (DEA). (2014). Environmental Impact Assessment Regulations Listing Notice 2 (Government Notice R.984 in Government Gazette No. 38282 of 4 December 2014), as amended. Pretoria: Department of Forestry, Fisheries and the Environment. Available at: https://www.gov.za/documents/nema-listing-notice-2-activities-requiring-scoping-and-eia-4-dec-2014-0000

Department of Environmental Affairs (DEA). (2014). Environmental Impact Assessment Regulations Listing Notice 3 (Government Notice R.985 in Government Gazette No. 38282 of 4 December 2014), as amended. Pretoria: Department of Forestry, Fisheries and the Environment. Available at: https://www.gov.za/documents/nema-listing-notice-3-activities-requiring-assessment-sensitive-areas-4-dec-2014-0000

Department of Environmental Affairs (DEA). (2013). List of Waste Management Activities that Have or Are Likely to Have a Detrimental Effect on the Environment (Government Notice R.921 in Government Gazette No. 37083 of 29 November 2013). Pretoria: Department of Environmental Affairs. Available at: https://www.gov.za/documents/national-environmental-management-waste-act-list-waste-management-activities-29-nov-2013-0000

Department of Environmental Affairs (DEA). (2013). List of Activities Which Result in Atmospheric Emissions Which Have or May Have a Significant Detrimental Effect on the Environment, Including Health, Social Conditions, Economic Conditions, Ecological Conditions or Cultural Heritage (Government Notice R.893 in Government Gazette No. 37054 of 22 November 2013). Pretoria: Department of Environmental Affairs. Available at: https://www.gov.za/documents/national-environmental-management-air-quality-act-list-activities-which-result-atmospheric

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