Promotion of Access to Information Act, 2000
R 385
National Environmental Management Act, 1998 (Act No. 107 of 1998)RegulationsRegulations for the Management of Mercury in South Africa, 2024Chapter 2: Mercury-Added Products4. Phasing-out mercury-added products |
| (1) | No person may— |
| (a) | manufacture, import or export the mercury-added products, beyond the phase out dates of as set out in Part I of Annexure A, except for the mercury-added products set out in paragraph 1 of Annexure A; |
| (b) | possess any form of mercury or mercury compounds, except for a use allowed in paragraph 1 of Annexure A; and |
| (d) | manufacture, distribute, sell, import, or export, or sell new mercury-added products. |
| (2) | The following person and organ of state must develop and submit a Mercury Phase-out Plan to the Minister for approval within one year of the commencement of these Regulations: |
| (a) | a person who is conducting an activity referred to in subregulation (1); |
| (b) | the national Department of Health for the activity described in subregulation (1)(a); and |
| (c) | provincial Departments of Health for the activity described in subregulation (1)(a). |
| (3) | The Mercury Phase-out Plan must be submitted to one of the following addresses: through e-mail [email protected], or registered mail to the Department of Forestry, Fisheries and the Environment, 473 Steve Biko Street, Arcadia, Pretoria. |
| (4) | The Director-General must acknowledge receipt of the Mercury Phase-out Plan within 14 days after receiving the plan. |
| (5) | An association of persons to whom these Regulations apply may submit a joint Mercury Phase-out Plan on behalf of its members. |
| (6) | The submission of the plan on behalf of the association's members does not absolve the individual members from the responsibility, liability, and accountability for compliance with these Regulations. |
| (7) | A Mercury Phase-out Plan must contain the following information: |
| (a) | an inventory of Mercury-Added Products as set out in Part 1 of Annexure A from the day these Regulations come into effect; |
| (b) | proposed technically and economically feasible alternatives to the use of mercury or mercury added products in the manufacture of MAPs as set out in Part 1 of Annexure A; and |
| (c) | the time within which a person or an organ of state referred to in subregulation (2) intends replacing the use of mercury with technically and economically feasible alternatives to mercury or mercury containing materials. |
| (7) | The Minister may, on written application by a person who is required to submit a Mercury Phase-out Plan, grant an extension of 30 days for the submission of that plan, with or without conditions. |
| (8) | After considering any Mercury Phase-out Plan that has been submitted in terms of subregulations (2) or (5) and other relevant information at his or her disposal, the Minister may, within 90 days— |
| (a) | approve the Mercury Phase-out Plan and set conditions for its implementation; |
| (b) | refer the Plan back for amendment and resubmission; or |
| (c) | reject the Plan and provide written reasons. |
