National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)Chapter 4 : Waste Management MeasuresPart 3 : Reduction, re-use, recycling and recovery of waste18. Extended producer responsibility |
| (1) | The Minister after consultation with the Minister of Trade and Industry may, in order to give effect to the objects of this Act, by notice in the Gazette— |
| (a) | identify a product or class of products in respect of which extended producer responsibility applies; |
| (b) | specify the extended producer responsibility measures that must be taken in respect of that product or class of products; and |
| (c) | identify the person or category of persons who must implement the extended producer responsibilities measures contemplated in paragraph (b). |
| (2) | The Minister may in a notice under subsection (1) specify— |
| (a) | the requirements in respect of the implementation and operation of an extended producer responsibility programme, including the requirements for the reduction, re-use, recycling, recovery, treatment and disposal of waste; |
| (b) | the financial arrangements of a waste minimisation programme, with the concurrence of the Minister of Finance; |
| (c) | the institutional arrangements for the administration of a waste minimisation programme; |
| (d) | the percentage of products that must be recovered under a waste minimisation programme; |
| (e) | the labelling requirements in respect of waste; |
| (f) | that the producer of a product or class of products identified in that notice must carry out a life cycle assessment in relation to the product, in such manner or in accordance with such standards or procedures as may be prescribed; and |
| (g) | the requirements that must be complied with in respect of the design, composition or production of a product or packaging, including a requirement that— |
| (i) | clean production measures be implemented; |
| (ii) | the composition, volume or weight of packaging be restricted; and |
| (iii) | packaging be designed so that it can be reduced, re-used, recycled or recovered. |
| (3) | Before publishing a notice under subsection (1) or any amendment to the notice, the Minister must— |
| (a) | consult affected producers; |
| (b) | follow a consultative process in accordance with sections 72 and 73, unless the notice is amended in a non-substantive manner; |
| (c) | take into account the Republic's obligations in terms of any applicable international agreements; and |
| (d) | consider relevant scientific information. |