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Environment Conservation Act, 1989 (Act No. 73 of 1989)

Regulations

The Amendment Regulations regarding Plastic Carrier Bags and Plastic Flat Bags, 2021

2. Prohibition of certain plastic bags

 

(1) The manufacture, trade or commercial distribution of domestically produced or imported plastic carrier bags and plastic flat bags, for use within the Republic of South Africa, other than those which comply with the Compulsory Specification for Plastic Carrier Bags and Flat Bags - VC 8087-2013, is hereby prohibited.

 

(2) From the dates indicated in subregulation (3), no person may manufacture, trade or commercially distribute domestically produced or imported plastic carrier bags and plastic flat bags, for use within the Republic of South Africa, unless they comply with the minimum post-consumer recyclate content specified in subregulation (3)

 

(3)

(a) Plastic carrier bags and plastic flat bags must be made from a minimum of 50% post-consumer recyclate from 1 January 2023;
(b) Plastic carrier bags and plastic flat bags must be made from a minimum of 75% post-consumer recyclate from 1 January 2025; and
(c) Plastic carrier bags and plastic flat bags must be made from 100% post-consumer recyclate from 01 January 2027.

 

(4) A person who is unable to comply with the requirements contained in regulation 2(3)(c) may apply to the Minister for an exemption in terms of section 24M of the National Environmental Management Act, 1998 (Act No. 107 of 1998) read with the National Exemption Regulations promulgated in terms of section 44(1)(a) and section 24M(3) of the Act.

 

[Regulation 2 substituted by section 3 of the National Environmental Management Act, 1998 (Act No. 107 of 1998), Notice No. 317, GG44421, dated 7 April 2021]