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 3: Dental Amalgam5. Phasing-down dental amalgam |
| (1) | Dental amalgam may only be used in pre-dosed encapsulated form which may not exceed 0.58 ml. |
| (2) | A person or an organ of state that owns or is in control of a dental facility in which dental amalgam is used, or where dental amalgam fillings or teeth containing such fillings are removed, must ensure that their facilities are equipped with amalgam separators for the retention and collection of amalgam particles, including those contained in used water. |
| (3) | The dental facilities referred to in subregulation (2) must ensure that amalgam separators in use from 1 April 2026, provide a retention level of at least 95% of amalgam particles. |
| (4) | Amalgam separators must be maintained in accordance with the manufacturer's instructions to ensure the highest practicable level of retention. |
| (5) | A dental practitioner may not release amalgam directly or indirectly into the environment under any circumstances. |
| (6) | A person or an organ of state that import or export dental amalgam capsules, must develop a Mercury Phase-down Plan for dental amalgam. |
| (7) | A person or an organ of state contemplated in subregulation (6) must submit a Mercury Phase-down Plan to the Minister for approval within one year of the commencement of these Regulation to any of the following addresses: by email to [email protected], or by registered mail to 473 Steve Biko Street, Arcadia, Pretoria; |
| (8) | The Mercury Phase-down Plan must contain the following information: |
| (a) | an inventory of data from the date of 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 the products listed in Part II of Annexure A. |
| (c) | the time periods within which the manufacturer intends replacing the use of mercury with technically and economically feasible alternatives to mercury or materials containing mercury. |
| (9) | The Minister may require a person who has submitted a Mercury Phase-down Plan to provide— |
| (a) | any missing information as determined by the Minister and to re-submit the revised plan within 30 days of it being referred back; or |
| (b) | a revised Mercury Phase-down Plan prepared by an independent expert within a time period determined by the Minister. |
| (10) | The Minister may, on written application by a person who is required to submit a Mercury Phase-down Plan grant a 30-day extension for the submission of the plan, with or without conditions. |
| (11) | After considering any Mercury Phase-down Plan that has been submitted in terms of subregulations (7) and other relevant information at his or her disposal, the Minister may, within 90 days— |
| (a) | approve the Mercury Phase-down Plan and impose conditions for its implementation ; |
| (b) | refer the plan back for amendment and resubmission; or |
| (c) | reject the plan and provide written reasons. |
| (12) | The Department must publish an approved Mercury Phase-down Plan on the Department's website within one month after approval of the plan. |
