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Draft Regulations on Extended Producer Responsibility Drawn Up

March 24, 2021

Department of Environment, Forestry and Fisheries

Draft amendments to the Regulations and Notices Regarding Extended Producer Responsibility are proposed.

The environment, forestry and fisheries department called for comment on the draft amendments in Government Gazette 44295.

They were drawn up in terms of the National Environmental Management: Waste Act.

The Regulations Regarding Extended Producer Responsibility were published in November 2020.

Notices on the extended producer responsibility scheme for the electrical and electronic equipment sector, the lighting sector, and the paper, packaging and some single use products were also published.

The Regulations are designed to provide the framework for the development, implementation, monitoring and evaluation of extended producer responsibility schemes by producers in terms of section 18 of the act; ensure the effective and efficient management of the identified end-of-life products and encourage and enable the implementation of the circular economy initiatives.

The Regulations apply to the identified products in terms of Section 18(1)(a) of the act and the related waste streams published in the Gazette.

New regulations on “obligations of a producer responsibility organisation that establishes and implements an extended producer responsibility scheme” and “obligations of a producer that establishes and implements Its own scheme” are proposed.

The Lighting Notice and Electrical and Electronic Equipment Notice have been amended by listing the identified products that must have a mandatory take back scheme.

The Paper, Packaging and Some Single Use Products Notice has been amended by amending the definition of producer to provide for the inclusion of a threshold of 10 tonnes per annum to focus on larger manufacturers; provision for licensed agents for branded products; and provision for the retailer to be the “producer” in circumstances for the identified products where the importer or licensed agent is unknown.

Comment is invited within 30 days of the date of publication of the notice.

Other Notices published include:

• Gazette 44293 – National Environmental Management: Protected Areas Act – notice of intention to declare the remaining extent of erf 4492 Swellendam as part of the Bontebok National Park – comment within 60 days of date of publication;
• Gazette 44293 – Marine Living Resources Act – invitation to apply for a right to conduct sea-based abalone ranching in the area between Doring Bay and Strandfontein Bay, Western Cape – applications invited until 19 April 2021.