AMENDMENT OF THE REGULATIONS AND NOTICES REGARDING EXTENDED PRODUCER RESPONSIBILITY, 2020
Notice Title: Amendment of the Regulations and Notices regarding Extended Producer Responsibility, 2020
Government Notice: GN 400 in GG 44539 on 5 May 2021
Commencing date: 5 May 2021
On 5 November 2020, the Minister of Forestry, Fisheries and Environment (“the Minister”) published a notice in terms of section 69(1)(b), (g), (i), (l), (o), (dd) and (ee) of the National Environmental Management: Waste Act 59 of 2008 (“NEMWA”) promulgated the Regulations regarding Extended Producer Responsibility, 2020 (“the Regulations”).
On the same day the Minister published the following notices requiring the producers of identified products to implement specified extended responsibility measures:
- Extended producer responsibility scheme for the electrical & electronic equipment sector (GN R1185 in GG 43879 of 5 November 2020)
- Extended producer responsibility scheme for the lighting sector (GN R1186 in GG 43881 on 5 November 2020); and
- Extended producer responsibility scheme for paper packaging and some single use products (GN R1187 in GG 43882 of 5 November 2020).
(hereafter referred to as “the Notices”)
The Minister published a notice on 5 May 2021 in terms of sections 18(1), 18(3), 69(1)(b), (g), (i), (l), (o), (dd) and (ee) of the NEMWA to amend the abovementioned Regulations and Notices. Amendments relate to amongst other the following:
- Definitions,
- Purpose of the Regulations,
- Application of the Regulations,
- Registration of producers,
- Extended producer responsibility measures to be implemented by producers,
- Obligations of a producer responsibility organisation that establishes and implements an extended producer responsibility scheme,
- Obligations of a producer that establishes and implements its own scheme,
- Minimum requirements and criteria for extended producer responsibility schemes to operate,
- Financial arrangements for an extended producer responsibility scheme,
- Obligations of a producer that establishes and implements their own scheme,
- Monitoring, reporting and evaluation,
- Performance review of the extended producer responsibility scheme,
- Requirements for the producer responsibility organisation,
- Offences and penalties.
For a copy of the Government Gazette Notice click here.
How to ensure compliance at my operations?
The effective date of the amendments to the Regulations and the Notices is 5 May 2021.
Existing producers and existing producer responsibility organisations have until 5 November 2021 to register with the Department by completing the online registration process accessible via the South African Waste Information Centre website: click here.
All new producers of identified products, who commence producing after these Regulations come into effect, must register with the Department within 3 months of being established, by completing the online registration process accessible via the South African Waste Information Centre website (www.sawic.environment.gov.za).
For more information or assistance please contact Corrie Potgieter at corrie@shangoni.co.za
