PROPOSED NEW WASTE TYRE REGULATIONS

PROPOSED NEW WASTE TYRE REGULATIONS

Title: Proposed Waste Tyre Regulations
Government Gazette Notice: GN 847 in GG 41049 of 17 August 2017
Commencing date: Not yet specified

Currently waste tyres are regulated by the Waste Tyre Regulations of 2009 as published under the Environment Conservation Act 73 of 1989. These proposed regulations will repeal the Waste Tyre Regulations of 2009 if published as final.

In the proposed regulations, the definitions of the following terms have been added (amongst others):
• collection points where waste tyres may be collected;
• load index;
• pre-processing;
• retreadable casing;
• register with the Bureau;
• the approved waste tyre management plan; and
• waste tyre transporter

The definition of “waste tyre stockpile owner” is proposed to be amended to the following: “means the owner, possessor or person in control of the waste tyre stockpile or the waste tyres therein.”

In terms of the proposed regulations, additional prohibitions are included pertaining to the recovery of any financial contribution in terms of a waste tyre management plan and the exportation of waste tyres. Waste Management Bureau registration requirements are also imposed on various parties, including, but not limited to, waste tyre stockpile owners, a person in control of a collection point where waste tyres may be collected, a micro- collector of waste tyres and a depot owner or operator. The duty to consider reusing or recycling waste tyres before considering the use of waste tyres for energy recovery is also proposed to be extended to any person operating a waste tyre management plan or the Waste Management Bureau.

The duties of tyre producers, as well as the provisions relating to Industry Waste Management Plans as included in the Waste Tyre Regulations of 2009, are not repeated in the proposed regulations. The duties of waste tyre stockpile owners remain similar to the current duties under the Waste Tyre Regulations of 2009.

In the event that the approved waste tyre management plan expires, is withdrawn or is terminated for any reason whatsoever and at the time there exists no other approved industry waste management plan in terms of section 28 or 29 of the Act for the same or substantially the same waste stream, the Waste Management Bureau shall be responsible to facilitate, supervise and control the management of waste tyres for the interim until a new industry waste tyre management plan is approved in terms of section 28 or 29 of the Act. All participants that were registered with the approved waste tyre management plan upon the expiry, withdrawal or termination thereof, will be required to register with the Waste Management Bureau. From the date of registration with the Bureau, all tyre producers must, at the same time that their declarations are submitted to the South African Revenue Services, submit to the Bureau the very same declaration in respect of the quantity of tyres produced or imported.

Members of the public are invited to submit to the Minister, within 30 days of publication of this notice in the Gazette, written representations on or objections to these regulations, to the addresses specified in the notice. Any enquiries in connection with the proposed Waste Tyre Regulations must be directed to Mr Anben Pillay at (012) 399 9827.
So what for my operation?
Once published as final, the proposed regulations will be applicable to your organisation if you generate/ produce, deal with, process, or store waste tyres on your site. It will also be applicable to your organisation if you are a micro-collector of waste tyres, a depot owner or operator, a waste tyre pre- processing facility, a waste tyre stockpile owner, a person in control of a collection point where waste tyres may be collected or a waste tyre transporter. It will be important to take specific note of the following:
• Waste Management Bureau Registration requirements;
• The duty to consider reusing or recycling waste tyres before considering the use of waste tyres for energy recovery;
• Duties of waste tyre stockpile owners;
• Compliance with REDISA’s Industry Waste Management Plan or, if withdrawn, the directions of the Waste Management Bureau; and
• The manner of storage of waste tyres on site. In this regard, also remember that, in terms of GN 921 (List of waste management activities that have, or are likely to have, a detrimental effect on the environment), compliance to the Norms and Standards for Storage of Waste, 2013 (GN 926) will also have to be ensured for the storage of waste tyres in a storage area exceeding 500m2.

What is Shangoni’s approach?
Shangoni can assist operations in the mining and non-mining industry in the identification of legal requirements pertaining to waste tyre management on site. Furthermore, Shangoni can provide assistance in ensuring that operations comply with the legal requirements, including storage practises and the compilation of waste tyre abatement plans. Please do not hesitate to contact Shangoni for any assistance in this regard.

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