Amendment to the Regulations and Notices regarding extended producer responsibility. Government Notice no. 400 of 2021.

These Regulations, made in terms of sections 18 (1) and (3), and 69 (1) of the National Environmental Management: Waste Act, no. 59 of 2008, provide for amending the Regulations regarding extended producer responsibility and the related schemes for the electrical and electronic equipment sector, the lighting sector, and the paper, packaging, compostable products, biodegradable products. The amendments concern: replacement and substitution of definitions, including: brand owner; free rider; importer; producer; collection service fee; cost recovery; waste collection. Further amendments concern: insertion of provisions concerning the application of the Regulations to exported products; registration of producers; replacement of measures to be implemented by producers, including: facilitate reuse, recycling or recovery without compromising the functionality of the product; reduce the environmental toxicity of the resulting post-consumer waste stream; implementation of environmental labels and declaration for the identified products.
The Regulations concern: obligations of a producer responsibility organisation that establishes and implements an extended producer responsibility scheme; obligations of a producer that establishes and implements its own scheme, including: compensation of waste collectors, reclaimers or pickers for collection services and environmental benefits; prioritise the promotion of small businesses and entrepreneurs with a special focus on women, youth and persons living with disabilities. Further amendments concern: amendments of penalties and offences; products elements and requirements to define an extended producer responsibility fee, including: ease of recyclability; collection, transport, storage and treatment costs for separately collected waste; costs for the appropriate surveillance and auditing.