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Ozone Depleting Substances Regulations to be Amended

December 13, 2019

Department of Environment, Forestry and Fisheries

13 December 2019

Comment is sought on draft amendments to the Regulations Regarding the Phasing-Out and Management of Ozone Depleting Substances.

The environment, forestry and fisheries department published the proposed regulations in Government Gazette 42908.

The draft regulations were drawn up in terms of the National Environmental Management: Air Quality Act of 2004.

A new sub-regulation 5 to regulation 3 is proposed focused on the options for the Director General upon receipt of an application including granting approval and providing a reference number and any conditions or requirements which must be adhered to; refusing the application and providing reasons for the decision; or requiring the applicant to make amendments, and specifying the timeframe within which the applicant must resubmit.

New regulations 5A and 5B on import quota allocation and import or export permit recommendation are proposed.

A new Appendix A of the regulations on list of ozone depleting substances is also proposed.

Comment is invited within 60 days of the date of publication.

Meanwhile, in Gazette 42909, the department announced the withdrawal of the Section 28 Notice calling for paper and packing industry, electrical and electronic industry and lighting industry waste management plans published in Gazette 41303 on 6 December 2017.

According to the notice, the environment, forestry and fisheries minister, Barbara Creecy, holds the view that none of the plans received comply with the criteria expressly stipulated in the section 28 Notice and, consequently, none of them could be approved.

The process is considered closed and a new approach is in the pipeline.

“The new approach will be centred on the extended producer responsibility (EPR) principle and would take into consideration the comments received from the relevant industries that generates the waste.”