This is the version of this Government Notice as it was from 5 May 2021 to 5 November 2024. Read the latest available version.
Extended Producer Responsibility Regulations, 2020
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South Africa
National Environmental Management: Waste Act, 2008
Extended Producer Responsibility Regulations, 2020
Government Notice 1184 of 2020
- Published in Government Gazette 43879 on 5 November 2020
- Commenced on 5 May 2021
- [This is the version of this document as it was from 5 May 2021 to 5 November 2024.]
- [Amended by Amendment of the Regulations and Notices Regarding Extended Producer Responsibility, 2020 (Government Notice 20 of 2021) on 15 January 2021]
- [Amended by Amendment of the Regulations and Notices Regarding Extended Producer Responsibility, 2020 (Government Notice 400 of 2021) on 5 May 2021]
1. Definitions
In these Regulations any word or expression to which a meaning has been assigned in the Act bears that meaning, and unless the context indicates otherwise–"brand owner" means a person, category of persons or company who makes and/or sells any identified product under a brand label;[definition of "brand owner" substituted by section 2(a) of Government Notice 400 of 2021]"circular economy" means a regenerative system in which resource inputs and waste, emissions, and energy leakage are minimised by slowing, closing, and narrowing energy and material loops which can be achieved through long-lasting design, maintenance, repair, reuse, remanufacturing, refurbishing, and recycling and which is in contrast to a linear economy which is a 'take, make, dispose' model of production;"collection" means the gathering of an identified product at the end of its life, at the place of its generation or storage by a waste picker, collector or reclaimer or service provider;[definition of "collection" inserted by section 2(b) of Government Notice 400 of 2021]"collection service fee" means the agreed fee payable to the waste collectors, reclaimers or pickers through the extended producer responsibility scheme;[definition of "collection service fee" inserted by section 2(b) of Government Notice 400 of 2021]"Cost recovery" means the recovery of operational and maintenance costs of the producer responsibility organisations, i.e. costs related to the collection, storage and treatment of waste products, as well as the administrative and awareness raising costs of the producer responsibility organisations.[definition of "Cost recovery" inserted by section 2(b) of Government Notice 400 of 2021]"decent work" [definition of "decent work" deleted by section 2(f) of Government Notice 400 of 2021]"department" means the national Department responsible for the environment;"extended producer responsibility" means that a producer's responsibility for an identified product is extended to the post-consumer stage of an identified product's life cycle;[definition of "extended producer responsibility" substituted by section 2(a) of Government Notice 400 of 2021]"extended producer responsibility scheme" means a system that puts into effect obligations under which producers take accountability in implementing extended producer responsibility;"free rider" means a producer who benefits from the actions or efforts of another producer, in relation to an extended producer responsibility scheme without fully complying with the requirements of the extended producer responsibility scheme;[definition of "free rider" substituted by section 2(a) of Government Notice 400 of 2021]"full cost" means all the direct fixed and variable costs associated with the extended producer responsibility scheme on waste collection, storage, treatment and some administration and awareness raising costs;[definition of "full cost" inserted by section 2(c) of Government Notice 400 of 2021]"Identified products" means products that are identified in terms of section 18(1)(a) of the Act and published in the Government Gazette by the Minister;[definition of "Identified products" inserted by section 2(c) of Government Notice 400 of 2021]"importer" means a person or category of persons who brings identified products or items that contain identified products into the country from abroad and including but not limited to the one that first places them into the market for sale;[definition of "importer" substituted by section 2(a) of Government Notice 400 of 2021]"interim performance report" means a report to be submitted for the period 1 January until 30 June;"nett cost" means the full cost less the revenue from the sales of the collected material;[definition of "nett cost" inserted by section 2(d) of Government Notice 400 of 2021]"producer" means any person or category of persons, including a brand owner, who is engaged in the commercial manufacture, conversion, refurbishment (where applicable) or import of new or used identified products as identified by the Minister by Notice in the Government Gazette in terms of section 18(1) of the Act, and a producer includes, where relevant, the same as defined in the specific section 18 Notice for each of the identified products as gazetted by the Minister in terms of section 18(1) and (2) of the Act;[definition of "producer" substituted by section 2(a) of Government Notice 400 of 2021]"producer responsibility organisation" means a not-for-profit organisation established by producers or any person operating in any of the industrial sectors covered in the Notices published in terms of the Act to support the implementation of their extended producer responsibility scheme and may represent either individual or collective producers;"refurbishment" [definition of "refurbishment" deleted by section 2(f) of Government Notice 400 of 2021]"small business" carries the meaning as defined in the National Small Business Act, 1996 (Act No. 102 of 1996);"the Act" means the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008); and"waste collection" [definition of "waste collection" deleted by section 2(f) of Government Notice 400 of 2021]"Waste picker" means a person who collects identified products from residential and commercial waste bins, landfill sites and open spaces in order to revalue them and generate an income;[definition of "Waste picker" added by section 2(e) of Government Notice 400 of 2021]2. Purpose of the Regulations
The purpose of these Regulations is–3. Application of the Regulations
These Regulations–4. Registration of producers
5. Extended producer responsibility measures to be implemented by producers
5A. Obligations of a producer responsibility organisation that establishes and implements an extended producer responsibility scheme
5B. Obligations of a producer that establishes and implements its own scheme
6. Minimum requirements and criteria for extended producer responsibility schemes to operate
The extended producer responsibility scheme contemplated in these Regulations must as a minimum include requirements for–7. Financial arrangements for an extended producer responsibility scheme
7A. Obligations of a producer that establishes and implements their own scheme
8. Monitoring, reporting and evaluation
9. Performance review of the extended producer responsibility scheme
10. Registration of producer responsibility organisations
11. Requirements and criteria for producer responsibility organisations to operate
12. Offences
13. Penalties
14. Short title and commencement
These Regulations are called the Extended Producer Responsibility Regulations, 2020 and come into effect on 5 May 2021.[regulation 14 substituted by section 4 of Government Notice 20 of 2021]History of this document
06 November 2024
05 May 2021 this version
15 January 2021
05 November 2020
Cited documents 3
Act 3
1. | Companies Act, 2008 | 2007 citations |
2. | National Environmental Management: Waste Act, 2008 | 448 citations |
3. | National Small Enterprise Act, 1996 | 132 citations |
Documents citing this one 0
Subsidiary legislation
Title
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Date
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Extended Producer Responsibility Regulations, 2020: Amendment
Business, Trade and Industry
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Environment, Climate and Wildlife
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Finance and Money
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Government Notice 5520 of 2024 | 6 November 2024 |
Business, Trade and Industry
·
Environment, Climate and Wildlife
·
Finance and Money
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