WASTE TYRE RELATED NOTICES AND REGULATIONS
Title | Government Gazette Notice | Commencing date |
Withdrawal of the Integrated Industry Waste Tyre Management Plan of the Recycling and Economic Development Initiative of South Africa | GN 1063 in GG 41156 of 29 September 2017 | 1 October 2017 |
Waste Tyre Regulations, 2017 | GN 1064 in GG 41157 of 29 September 2017 | 29 September 2017 |
The Minister of Environmental Affairs withdrew the Integrated Industry Waste Tyre Management Plan of the Recycling and Economic Development Initiative of South Africa (REDISA). This withdrawal is effective from 1 October 2017. The Waste Tyre Regulations of 2009, published under GN R149 in GG 31901 of 13 February 2009 and the subsequent amendment thereto have been repealed by the Waste Tyre Regulations of 2017 as recently published.
In the Waste Tyre Regulations of 2017 the definitions of the following terms have been added (amongst others):
• collection points;
• load index;
• pre-processing;
• retreadable casing;
• register with the Bureau; and
• waste tyre transporter.
The definition of “waste tyre stockpile owner” has been amended to the following: “means the owner, possessor or person in control of the waste tyre stockpile or the waste tyres therein.”
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 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 Waste Tyre Regulations of 2017. The duties of waste tyre stockpile owners remain similar to the previous 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In the event that the approved waste tyre management plan expires, is withdrawn or is terminated for any reason whatsoever and at the time there exists no other approved industry waste management plan in terms of section 28 or 29 of the National Environmental Management: Waste Act 59 of 2008 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 on a quarterly basis, 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.
So what for my operation?
The Waste Tyre Regulations of 2017 are applicable to your organisation if you generate/ produce, deal with, process, or store waste tyres on your site. Such are also 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;
• Duties of waste tyre stockpile owners;
• 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) should also 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.