DRAFT AMENDMENTS TO WASTE TYRE REGULATIONS 2009
Title: National Environmental Management: Waste Act (59/2008): Proposed amendments to Waste Tyre Regulations, 2009
Government Gazette Notice: GN 903 in GG 40199 of 11 August 2016
Commencing date: Not yet specified
The Waste Tyre Regulations (“the Regulations”) were published in terms of the Environment Conservation Act 73 of 1989 (ECA) in GN R149 in GG 31901 of 13 February 2009. For more information on the Regulations’ requirements, click here to access a commentary article from Shangoni thereon. This notice now proposed amendments to the Regulations.
In terms of regulation 6(3) of the Regulations all tyre producers are obliged to register and comply with an approved integrated industry waste management plan. The Waste Tyre Management Plan for the Recycling and Economic Development Initiative South Africa (REDISA) was gazetted on 30 November 2012 and is currently the only approved plan in South Africa pertaining to waste tyres. All tyre producers are, therefore, obliged to register with REDISA and to pay a tyre levy of R2.30 excluding VAT per kilogram of tyres produced. These funds are supposed to be used by REDISA to subsidise tyre collectors, storage depots and recyclers of waste tyres.
The Customs and Excise Act 91 of 1964 was amended in February 2016 to extend environmental levies to include a levy return on tyres. The provisions pertaining to waste tyre levies will become effective on 1 October 2016. This seems to incorporate the tyre levy in the general funds collected by SARS and the National Treasury Department as part of all environmental taxes and levies, thus replacing the existing industry funding model as in REDISA’s integrated industry waste management plan. As a result, SARS and the National Treasury Department will collect and oversee the use of funds collected from tyre levies, and not REDISA.
In terms of the proposed amendments to the Regulations, it is proposed that after 1 October 2016, no one will be able to, in terms of an existing approved integrated industry waste management plan, collect a financial contribution from members of such plan, unless the payment of the financial contribution was due to be paid before that date. Therefore, it seems that these proposed amendments are in line with the amendments to the Customs and Excise Act 91 of 1964 – subsequently REDISA will not be able to collect any contributions from members to its integrated waste management plan after 1 October 2016.
Amendments are also proposed pertaining to specific notification and registration requirements of tyre producers, waste tyre stockpile owners and also pertaining to the content of an integrated industry waste management plan. An integrated industry waste management plan would, if the amendments are effected, have to be aligned with the pricing strategy for waste management charge and very specific requirements pertaining to the manner of notification of industry waste management plans will have to be adhered to. Amendments to the contents and consideration of waste tyre abatement plans are also proposed, as well as requirements for the storage of waste tyres.
So what for my operation?
It is important for your organisation to take note of the proposed amendments to the Regulations if your organisation produces/ stores waste tyres on site. Also take note that it is proposed that the maximum imprisonment penalty for non-compliance with the Regulations is proposed to be increased from 10 years to 15 years.