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National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)

Regulations

Waste Tyre Regulations, 2017

Part 1 : Interpretation, Purpose and Application of Regulations

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 otherwise indicates—

 

"collection points"

means areas of business from which waste tyres derived, or a commercial area where waste tyres may be collected including, but not limited to, mines, farms and tyre dealers;

 

"load index"

means the international code imprinted on the side of a tyre that indicates the load, or weight, that the tyre can carry at its maximum design pressure;

 

"micro-collector"

means an individual from the informal sector that collects waste tyres;

 

"part worn tyre"

means a used tyre, which can be safely returned to its original intended use, and which, after being retreaded, is not of such nature and condition that it is not suitable to be fitted on a vehicle that operates on a public road in accordance to the National Road Traffic Act, 1996 (Act No. 93 of 1996) or the regulations made in terms of that Act;

 

"pre-processing"

means pre-treatment of waste tyres to make the waste tyres suitable for transportation or for a specified treatment or processing option. Pre-processing includes sorting, baling, cutting (downsizing), shredding or debeading;

 

"retreadable casing"

means the structural part of a used tyre that may or may not have residual tread depth for further road use and when subjected to inspection of the structural soundness of the casing, can be reprocessed by vulcanising new tread to the casing and can then be safely returned to its original intended use;

 

"register with the Bureau"

means the submission of information by a person to the Bureau in order for the particulars of that person to be recorded in its database for the purpose of the administration of these Regulations;

 

"the Act"

means the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), as amended;

 

"tyre"

means a continuous covering made of natural rubber or synthetic rubber or a combination of natural and synthetic rubber encircling a wheel, whether new, used or retreaded, excluding tyres from monocycles, bicycles and tricycles;

 

"tyre dealer"

means any person or entity that distributes, or otherwise deals commercially, in tyres;

 

"tyre producer"

means any person or institution engaged in the commercial manufacture or import of tyres and retreadable casings, and the import of vehicles fitted with tyres for distribution in South Africa;

 

"vehicle"

means any motorized or towed mode of transport or implement fitted with tyres;

 

"waste tyre"

means—

(a)        a new;

(b)        used;

(c)        retreaded; or

(d)        unroadworthy,

tyre not suitable to be retreaded, repaired, or sold as a part worn tyre and not fit for its original intended use;

 

"waste tyre management plan"
means—
(a) the Integrated Industry Waste Tyre Management Plan of the Recycling and Economic Development Initiative of South Africa, published in Government Notice No. 988, Gazette No. 35927 of 30 November 2012 and approved by the Minister; or
(b) an industry waste management plan for the waste stream of waste tyres as contemplated in section 28 or 29 of the Act, which has been approved by the Minister and published in the Gazette;

 

"waste tyre storage site or depot"
means a facility that is used for the temporary storage of waste tyres;

 

"waste tyre stockpile abatement plan"

means a plan, prepared by a person or entity who had a waste tyre stockpile prior to 30 November 2012, indicating the manner and timeframe in which the stockpile will be removed;

 

"waste tyre stockpile"

means a site on which predominantly waste tyres of any form are stored and have been stored continuously for a period greater than two years, and which covers an area greater than 500m2, but excludes a waste disposal facility;

 

"waste tyre stockpile owner"

means the owner, possessor or person in control of the waste tyre stockpile or the waste tyres therein;

 

"waste tyre processor"

means a person or facility that is engaged in the commercial re-use, recycling or recovery of waste tyres; and

 

"waste tyre transporter"

means any person who conveys or transfers waste tyres between any of the following facilities: a producer, a tyre dealer, a waste tyre storage site, a depot or collection points where waste tyres may be collected or waste tyre processors.