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Environment Conservation Act, 1989 (Act No. 73 of 1989)

Regulations

Regulations for the Prohibition of the Use, Manufacturing, Import and Export of Asbestos and Asbestos Containing Materials, 2007

2. Prohibitions

 

1) No person shall acquire, process, package or repackage asbestos; manufacture asbestos containing materials, or distribute asbestos or asbestos containing materials.

 

2) No person shall import asbestos or asbestos containing material into the Republic, or export asbestos or asbestos containing materials from the Republic.

 

3) No person shall import asbestos containing waste into the Republic.

 

4) The provisions of subregulation (2) and (3) shall not apply to a person-
a) importing asbestos or asbestos containing material which is in transit from a State outside the Republic to another State outside of the Republic, unless further repackaging or processing of the asbestos or asbestos containing material is performed in the Republic; or
b) importing asbestos which is solely for use in analysis or research and which is not intended to develop a new use for asbestos or asbestos containing material; or
c) importing asbestos or asbestos waste from a State, which is a member of the Southern African Development Community, for safe disposal at a disposal site for which a permit has been issued in terms of section 20 of the Environment Conservation Act, 1989;

provided that persons conducting the activities in paragraphs (a), (b) and (c) register the activity with the Minister as contemplated in regulation 4 of these regulations.

 

5) The provisions of sub-regulation (1) and (2) shall not apply to a person who, on the date of the commencement of these regulations, is lawfully importing an identified product or asbestos for use in the manufacture of an identified product, nor to any person manufacturing or distributing an identified product for local use, provided that the person conducting the activity registers the activity with the Minister as contemplated in regulation 4 and acts in accordance with an approved Asbestos Phase-out Plan as referred to in regulation 5 of these regulations.