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National Environmental Management Act, 1998 (Act No. 107 of 1998)


Regulations to Phase-Out the use of Persistent Organic Pollutants, 2019

Chapter 2 : General Prohibitions, Phase-Out Time Frames, Notification and Phase-Out Plans

6. Phase-Out Plans


(1) A producer, importer or exporter of a listed substance must develop a phase-out plan for that listed substance, which must include—
(a) contact details of the person submitting the phase-out plan;
(b) listed substance used, produced, distributed, imported  or exported;
(c) suitable alternatives to the listed substance;
(d) the annual reduction target in relation to each listed substance;
(e) date or year in which the production, importation and exportation of the listed substances will be completely phased-out; and
(f) communication strategy to inform end-users, workers and others potentially exposed to the listed substance during the phase out period of the hazards and how to reduce risk of exposure, and reduce exposures.


(2) A person contemplated in subregulation (1) must submit a phase-out plan for approval to the Director-General of the Department within 12 months after the promulgation of these Regulations.


(3) The Director-General of the Department must acknowledge receipt of the phase-out plan within 14 days after receipt, and may, after consideration of the content of the phase-out plan, in writing—
(a) approve the phase-out plan for implementation and notify the applicant of the approval and outline any applicable conditions or requirements; or
(b) require incomplete information to be furnished or amendments to be effected and revised phase-out plan to be resubmitted within a specified time frame.


(4) A person whose phase-out plan has been approved by the Director-General of the Department must implement such a plan, and may only deviate from such a plan upon written approval by the Director-General of the Department.