NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT 59 OF 2008: EXTENDED PRODUCER RESPONSIBILITY SCHEME FOR THE LUBRICANT OIL SECTOR
Notice Title National Environmental Management: Waste Act 59 of 2008 (“NEMWA”): Extended Producer Responsibility Scheme for the Lubricant Oil Sector
Government Notice: GN 3178 in GG 48282 on 23 March 2023
Commencing date: 23 April 2023
The Minister of Forestry, Fisheries and the Environment (“the Minister”), in terms of section 18(1) and (3) of the NEMWA, requires the producers of lubricant oils to implement the specified extended producer responsibility measures as identified in the Notice.
The Notice applies to the identified oil products or class of oil products listed i.e. lubricant oils and the resulting waste which arises from the use by a consumer or an end user, which is distributed or intended for distribution in the Republic of South Africa.
A producer of lubricant oil products must set up procedures, processes and invest resources to implement the extended producer responsibility measures linked to:
(a) the collection, transportation, storage of their products in the post-consumer stage;
(b) reuse; and
(c) recycling/recovery.
The Notice does however not apply to the following categories of products:
(a) technical and medicinal white oils;
(b) vegetable oils;
(c) greases;
(d) waxes;
(e) petrolatums;
(f) two stroke oils;
(g) chainsaw cutter bar lubricants;
(h) rockdrill lubricants;
(i) water-based fluids with less than 80% oil content;
(j) phosphate esters;
(k) pesticidal and fungicidal agricultural spray base oils;
(l) process oils where the lubricant is compounded into a solid;
(m) marine engine oils;
(n) rolling oils;
(o) drawing oils;
(p) rust preventatives;
(q) mould release oils;
(r) wire rope & open gear dressings; and
(s) shock absorber oils.
The Notice must be read with the Extended Producer Responsibility Regulations, 2020.
For a copy of the Government Gazette Notice click here.
How to ensure compliance at my operations?
Producers of lubricant oils must establish an Extended Producer Responsibility Scheme in accordance with the provisions of the Extended Producer Responsibility Regulations, 2020.
For more information or assistance please contact Jan Nel at jan@shangoni.co.za
