REPLACEMENT OF NOTICE TO PAPER AND PACKAGING INDUSTRY, ELECTRICAL AND ELECTRONIC INDUSTRY AND LIGHTING INDUSTRY
Title: National Environmental Management: Waste Act (59/2008) (NEMWA): Withdrawal of notice to the paper and packaging industry, electrical and electronic industry and lighting industry to prepare and submit to the Minister Industry Waste Management Plans for approval and Publication of notice to the paper and packaging industry, electrical and electronic industry and lighting industry to prepare and submit to the Minister Industry Waste Management Plans for approval
Government Gazette Notice: GN 1010 and 1011 in GG 40270 of 12 September 2016
Commencing date: 12 September 2016.
On 12 August 2016 the Minister gave notice to the paper and packaging, electrical and electronic, and lighting industries to prepare and submit to the Minister Industry Waste Management Plans for approval within 3 months. All producers, as defined in that Notice had to register within 30 days from the date of commencement of that Notice. Click here for Shangoni’s newsflash pertaining to that Notice. That Notice has now been withdrawn to pursue further consultation with the relevant industries. On the same day a new Notice was published in GN 1011 in GG 40270 of 12 September 2016, replacing the previous Notice. In terms of the new Notice there are certain requirements.
In terms of section 28(1) of the National Environmental Management: Waste Act 59 of 2008 (NEMWA) the Minister may by written notice require a person, or by notice in the Gazette require a category of persons or an industry, that generates waste to prepare and submit an industry waste management plan to the Minister for approval where any activity results in the generation of waste that affects more than one province or where such activity is conducted in more than one province. In terms of the new Notice a category of person or industry contemplated in section 28(1) of NEMWA (in other words, individuals or businesses falling within the paper and packaging industry, electrical and electronic industry and lighting industry), commencing with business after the date of commencement of this Notice must register with the Minister prior to commencing business. Businesses already operating on the date of commencement of this Notice must register with the Minister within 12 months after the date of commencement of this Notice. Subsequent to registration a registration number will be issued by the Minister, which must be displayed on all trading documentation of the relevant business.
The new Notice also requires the submission of Industry Waste Management Plans (IWMPs) by the relevant industries within 12 months from registration. Presumably this would have to be done through designated bodies. The submitted IWMPs must represent at least 70% of registered persons/ entities falling within the specific industries. All businesses falling within these industries must ensure compliance with the IWMPs after approval by the Minister. All businesses operating within these industries must belong to an IWMP.
The contents of draft IWMPs to be submitted to the Minister for approval must be disclosed to relevant organs of state, interested and affected persons and the public. All stakeholders must have the opportunity to submit written representations on or objections to the category of person or industry responsible for preparing the IWMP. All written representations on or objections received must be considered by the industries and must also be submitted to the Minister together with the final draft of the IWMP for approval.
So what for my operation?
If your business falls within either the paper and packaging industry, electrical and electronic industry or lighting industry, it must be ensured that your business is registered with the Minister as required by this Notice. When registering with the Minister, details of the category of person or industry responsible for submitting the IWMP must also be submitted. There is no restriction on the number of IWMPs that can be submitted to the Minister for approval. Therefore, your business has the option to submit an IWMP for approval. In this regard it is important that you liaise with other businesses falling within the same industry. However, if you do not want to compile a IWMP, you must ensure that your business belongs to, and adheres to the contents of an IWMP after such has been approved.
If you fail to register or fail to belong to an approved IWMP you commit an offence. These offences are punishable by fines or up to 15 years of imprisonment.
What is Shangoni’s approach?
• Determine whether your organisation has an obligation
To prevent potential unlawfulness, it is important for your organisation to determine whether you fall within either the paper and packaging industry, electrical and electronic industry or lighting industry.
Shangoni can assist in the registration process of your organisation as required by the new Notice. Keep in mind that registration of existing operations must be done by 12 September 2017. New entrants to these industries must register before commencing business.
• Industry Waste Management Plans
The new Notice requires applicants in these industries to prepare and submit an IWMPs to the Minister within 12 months after registration has taken place. Once approved, compliance to this plan must be ensured by its members. All operations in the relevant industries will have to subscribe to at least one of the approved plans in their industry. Therefore, it is recommended that all operations participate in the public participation process to be followed prior to the approval of IWMPs. In this regard, Shangoni can also assist in facilitating participation on the draft versions of these IWMPs.