NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT 59 OF 2008: PROPOSED AMENDMENTS TO THE REGULATIONS AND NOTICES REGARDING EXTENDED PRODUCER RESPONSIBILITY, 2020
Notice Title: National Environmental Management: Waste Act, 59 of 2008 (“NEMWA”): Proposed amendments to the Regulations and notices regarding extended producer responsibility, 2020
Government Notice: GN 3388 in GG 48527 on 5 May 2023
Commencing date: Comments to be submitted by 5 June 2023
The Minister of Forestry, Fisheries and the Environment (“the Minister”), in terms of sections 18(1), 18(3), 69(1)(b), (g), (i), (I), (o), (dd) and (ee), 72 and 73 of the NEMWA, gave notice of her intention to amend the Regulations regarding extended producer responsibility and the associated Notices in respect of the extended producer responsibility scheme for the electrical and electronic equipment products, the lighting sector and the paper, packaging and some single use products, published respectively under GNR 1184, GNR 1185, GNR 1186 and GNR 1187 of 5 November 2020, as amended.
The proposed amendments are not substantial; however, they seek to provide technical clarifications to the Extended Producer Responsibility Regulations, 2020 and the associated Notices to eliminate any ambiguity or uncertainty to the regulated industry sectors and affected stakeholders.
The proposed amendments cover the following key areas in the Regulations:
- definitions, reporting requirements,
- the recognition and inclusion of the Returnable Packaging Scheme or Deposit Refund System as part of the Extended Responsibility Scheme,
- strengthening of enforcement and compliance with the Regulations to hold producers liable for the achievement of the published targets and to curb free riders,
- request for the exemption of the pharmaceutical sector from Extended Producer Responsibility, review of financial arrangements in regulation 7; and
- the deletion of redundant clauses in the Regulations.
Members of the public are invited to submit written comments and inputs on or before 5 June 2023. For a copy of the Government Gazette Notice click here.
For more information or assistance please contact Jan Nel at jan@shangoni.co.za
