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National Environmental Management Act, 1998 (Act No. 107 of 1998)

Regulations

Regulations for the Management of Mercury in South Africa, 2024

Chapter 1: Definitions, Purpose, and Application of the Regulations

1. Definitions

 

In these Regulations, any word or expression to which a meaning has been assigned in the Act, has that meaning, and unless the context indicates otherwise—

 

"Environmentally Sound Management" or "Environmentally Sound Manner" means taking all practicable steps to ensure that mercury, mercury stocks, mercury added products, dental amalgam, and mercury storage facilities are managed in a manner that protects human health and the environment against the adverse effects which may result from mercury;

 

"eligible person" means a person allowed to use mercury under uses as contained in Part 1 of Annexure A to these Regulations;

 

"export" means to take out, send or transfer goods, or to cause them to be taken out, sent or transferred, from the Republic of South Africa to a foreign country or territory;

 

"import" means to land on, bring into or introduce goods, or cause them to be landed on, brought into or introduced, from a foreign country into the Republic of South Africa;

 

"mercury" means metallic mercury (Hg, CAS RN 7439-97-6), and also includes mixtures of mercury with other substances, including alloys of mercury;

 

"mercury-added product" means a product or product component that contains mercury or a mercury compound that was intentionally added;

 

"mercury compound" means any substance consisting of atoms of mercury, and one or more atoms of other chemical elements that can be separated into different components only by chemical reactions;

 

"Mercury Phase-down Plan" means the plan referred to in regulation 5(6) of these Regulations;

 

"Mercury Phase-out Plan" means the plan referred to in regulation 4(2) of these Regulations;

 

"Minamata Convention on Mercury" means the multilateral environmental agreement that South Africa is a party to, and whose objective is to protect human health and the environment from the anthropogenic emissions and releases of mercury and mercury compounds;

 

"new manufacturing processes" means manufacturing processes involving the use of mercury or mercury compounds that were not used in such processes prior to these Regulations corning into effect;

 

"new mercury-added products" means mercury-added products that were not manufactured, imported or exported prior to these Regulations coming into effect;

 

"releases" means releases of mercury or mercury compounds, or mixture of mercury, or mercury from a product to land or water;

 

"the Act" means the National Environmental Management Act, 1998 (Act No. 107of 1998); and

 

"these Regulations" and "the Regulations" means the Regulations for the Management of Mercury in South Africa, published in terms of section 25(3) of the National Environmental Management Act, 1998 (Act No. 107 of 1998).