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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

5. Asbestos Phase-Out Plan

 

1) A person contemplated in regulation 2 (5) must submit an Asbestos Phase-out Plan to the Minister for approval within one year of the commencement of these Regulations: Provided that a group of people importing, manufacturing or distributing the same or substantially similar identified products may submit a joint Asbestos Phase-out Plan for the purposes of complying with these Regulations.

 

2) An Asbestos Phase-out Plan must at least contain information on-
a) proposed alternatives to the use of asbestos or asbestos containing materials in the manufacture of the identified product;
b) where such alternatives do not exist, reasons why such alternatives do not exist and the steps that will be taken to develop such alternatives; and
c) the time periods within which the manufacturer intends replacing the use of asbestos with alternatives to asbestos or asbestos containing materials.

 

3) The Minister may require a person who has submitted an Asbestos Phase-out Plan to provide additional information and to submit a revised Asbestos Phase-out Plan within a time period indicated by the Minister or to furnish the Minister with a written review of the Asbestos Phase-out Plan by an independent expert within a time period indicated by the Minister.

 

4) The Minister may, on written application by a person who is required to submit an Asbestos Phase-out Plan, grant an extension in respect of the period within which the plan must be submitted, on good cause shown, with or without conditions attached to such an extension.

 

5) After considering any Asbestos Phase-out Plan that has been submitted in terms of these regulations, the Minister may accept such a plan and may set conditions for the implementation of such a plan or reject such a plan with reasons provided: Provided that where the date for the submission of an Asbestos Phase-out Plan, revised Asbestos Phase-out Plan or an independent review of the Asbestos Phase-out Plan has passed and such a plan has not been submitted, the Minister may exercise this power on the basis of other information at his disposal.