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Extended Producer Responsibility Regulations, 2020

Regulations

Extended Producer Responsibility Regulations, 2020

5. Extended producer responsibility measures to be implemented by producers

 

(1) The producer of a product or class of products, as identified by the Minister in terms of section 18(1) of the Act, must—
(a) establish and implement an extended producer responsibility scheme that includes the entire value chain or join another extended producer responsibility scheme that includes the entire value chain or appoint a producer responsibility organisation to establish and implement an extended producer responsibility scheme that includes the entire value chain;
(b) be accountable for the operation and performance of their extended producer responsibility scheme;
(c) [Regulation 5(1)(c) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(d) [Regulation 5(1)(d) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(e) [Regulation 5(1)(e) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(f) [Regulation 5(1)(f) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(g) [Regulation 5(1)(g) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(h) [Regulation 5(1)(h) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(i) [Regulation 5(1)(i) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(j) [Regulation 5(1)(j) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(k) conduct a life cycle assessment, in relation to the identified product, in accordance with the applicable standards within 5 years of implementation of their extended producer responsibility scheme;

[Regulation 5(1)(k) substituted by section 6(a) of Notice No. 400, GG44539, dated 5 May 2021]

(I) through the life cycle assessment as a minimum focus on the following:
(i) Minimisation of material used in the identified product;
(ii) Design of the product to facilitate reuse; recycling or recovery, without compromising the functionality of the product; and
(iii) Reduction of environmental toxicity of the resulting post -consumer waste stream;

[Regulation 5(1)(l) substituted by section 6(b) of Notice No. 400, GG44539, dated 5 May 2021]

(m) [Regulation 5(1)(m) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(n) [Regulation 5(1)(n) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(o) [Regulation 5(1)(o) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(p) [Regulation 5(1)(p) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(q) [Regulation 5(1)(q) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(r) [Regulation 5(1)(r) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(s) [Regulation 5(1)(s) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(t) [Regulation 5(1)(t) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(u) [Regulation 5(1)(u) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(v) [Regulation 5(1)(v) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(w) collaborate as producers of an identified product and in consultation with the Department responsible for Trade, Industry and Competition, to develop a broad-based black economic empowerment transformation charter with targets, timelines and implementation measures, within two years of the publishing of the Notice, which transformation charter must comply with section 9(1) of the Broad-Based Black Economic Empowerment Act, 2003 (Act 53 of 2003) and must include a special focus on women, youth and people living with disabilities;

[Regulation 5(1)(w) substituted by section 6(c) of Notice No. 400, GG44539, dated 5 May 2021]

(x) [Regulation 5(1)(x) deleted by section 6(f) of Notice No. 400, GG44539, dated 5 May 2021]
(y) where specified in the section 18(1) Notices, implement mandatory take back of their identified products at the end of their lives; and

[Regulation 5(1)(y) substituted by section 6(d) of Notice No. 400, GG44539, dated 5 May 2021]

(z) implement environmental labels and declaration for the identified products in accordance with SANS 14021 and SANS 14024 within a period of 3 years.

[Regulation 5(1)(z) substituted by section 6(e) of Notice No. 400, GG44539, dated 5 May 2021]