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National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)

Regulations

Regulations regarding the Phasing-Out and Management of Ozone-Depleting Substances

Chapter 2 : Prohibitions and Phase Out Schedules

3. Prohibition of production, importation, exportation, use or placing on the market of ozone-depleting substances and equipment

 

(1) A person is prohibited from producing, importing, exporting, using or placing on the market any of the following ozone-depleting substances including equipment or products containing such substances, unless it is for critical use—
(a) Chlorofluorocarbons;
(b) bromochlorofluorocarbons;
(c) halons;
(d) carbon tetrachloride;
(e) 1,1,1 trichloroethane;
(f) hydrobromofluorocarbons; and
(g) bromochloromethane.

 

(2) Sub-regulation (1) does not apply to—
(a) the placing on the market and use of halons that have been reclaimed from existing fire protection systems before the coming into effect of these regulations; and
(b) the placing on the market and use of halons for critical use.

 

(3) A person wanting to use recovered halons in existing fire protection systems, after the date of coming effect of these Regulations, must apply for approval to the Director-General.

 

(4) The application contemplated in sub-regulation (3) must be done in a letter format and include the following information—
(a) applicant's name and contact details;
(b) brief description of applicant business activity in relation to the use of halons;
(c) quantities of halons requested for use in existing fire protection systems or placing on the market; and
(d) measures in place to reduce the emissions.

 

(5) The Director General may upon receipt of the application contemplated in sub-regulation (4)—
(a) grant approval and provide a reference number and any impose conditions or requirements which must be adhered to;
(b) refuse the application and provide reasons for the decision; or
(c) require the applicant to make amendments and specify the timeframe within which the applicant must resubmit.

[Regulation 3(5) substituted by section 3 of Notice No. 10, GG44065, dated 11 January 2021]

 

(6) The provisions of sub-regulation(1) are not applicable to the use, export or placing on the market of products or equipment containing the ozone depleting substances contemplated in sub-regulation (1) which were manufactured or imported before the coming into effect of these Regulations.

 

(7) No person is allowed to import, place on the market or use methyl bromide after 1 January 2015, unless it is for critical use.