Legislative challenges hindering mine waste being reused and repurposed in South Africa

•The economy has the potential to mitigate impacts associated with mining through the reuse, repurposing and recycling of mine waste.•South African legislation is inhibiting economic markets which would support mine residue reuse.•With no legal definition, a cradle-to-grave approach, and mine residue is classified as hazardous, the reuse of mine waste is legally challenging.•Legislation needs to enable mine residue to be considered a by-product with economic value for use in other markets.