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Extended Producer Responsibility Regulations, 2020

Regulations

Extended Producer Responsibility Regulations, 2020

1. Definitions

 

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

 

"brand owner"

means a person, category of persons or company who makes and/or sells any identified product under a brand label;

[Definition substituted by section 2(a) of Notice No. 400, GG44539, dated 5 May 2021]

 

"circular economy"

means a regenerative system in which resource inputs and waste, emissions, and energy leakage are minimised by slowing, closing, and narrowing energy and material loops which can be achieved through long-lasting design, maintenance, repair, reuse, remanufacturing, refurbishing, and recycling and which is in contrast to a linear economy which is a 'take, make, dispose' model of production;

 

"collection"

means the gathering of an identified product at the end of its life, at the place of its generation or storage by a waste picker, collector or reclaimer or service provider;

[Definition inserted by section 2(b) of Notice No. 400, GG44539, dated 5 May 2021]

 

"collection service fee"

means the agreed fee payable to the waste collectors, reclaimers or pickers through the extended producer responsibility scheme;

[Definition inserted by section 2(b) of Notice No. 400, GG44539, dated 5 May 2021]

 

"Cost recovery"

means the recovery of operational and maintenance costs of the producer responsibility organisations, i.e. costs related to the collection, storage and treatment of waste products, as well as the administrative and awareness raising costs of the producer responsibility organisations.

[Definition inserted by section 2(b) of Notice No. 400, GG44539, dated 5 May 2021]

 

"decent work"

[Definition deleted by section 2(f) of Notice No. 400, GG44539, dated 5 May 2021]

 

"department"

means the national Department responsible for the environment;

 

"extended producer responsibility"

means that a producer's responsibility for an identified product is extended to the post-consumer stage of an identified product's life cycle;

[Definition substituted by section 2(a) of Notice No. 400, GG44539, dated 5 May 2021]

 

"extended producer responsibility scheme"

means a system that puts into effect obligations under which producers take accountability in implementing extended producer responsibility;

 

"free rider"

means a producer who benefits from the actions or efforts of another producer, in relation to an extended producer responsibility scheme without fully complying with the requirements of the extended producer responsibility scheme;

[Definition substituted by section 2(a) of Notice No. 400, GG44539, dated 5 May 2021]

 

"full cost"

means all the direct fixed and variable costs associated with the extended producer responsibility scheme on waste collection, storage, treatment and some administration and awareness raising costs;

[Definition inserted by section 2(c) of Notice No. 400, GG44539, dated 5 May 2021]

 

"Identified products"

means products that are identified in terms of section 18(1)(a) of the Act and published in the Government Gazette by the Minister;

[Definition inserted by section 2(c) of Notice No. 400, GG44539, dated 5 May 2021]

 

"Importer"

means a person or category of persons who brings identified products or items that contain identified products into the country from abroad and including but not limited to the one that first places them into the market for sale;

[Definition substituted by section 2(a) of Notice No. 400, GG44539, dated 5 May 2021]

 

"interim performance report"

means a report to be submitted for the period 1 January until 30 June;

 

"nett cost"

means the full cost less the revenue from the sales of the collected material;

[Definition inserted by section 2(d) of Notice No. 400, GG44539, dated 5 May 2021]

 

"producer"

means any person or category of persons, including a brand owner, who is engaged in the commercial manufacture, conversion, refurbishment (where applicable) or import of new or used identified products as identified by the Minister by Notice in the Government Gazette in terms of section 18(1) of the Act, and a producer includes, where relevant, the same as defined in the specific section 18 Notice for each of the identified products as gazetted by the Minister in terms of section 18(1) and (2) of the Act;

[Definition substituted by section 2(a) of Notice No. 400, GG44539, dated 5 May 2021]

 

"producer responsibility organisation"

means a not-for-profit organisation established by producers or any person operating in any of the industrial sectors covered in the Notices published in terms of the Act to support the implementation of their extended producer responsibility scheme and may represent either individual or collective producers;

 

"refurbishment"

[Definition deleted by section 2(f) of Notice No. 400, GG44539, dated 5 May 2021]

 

"small business"

carries the meaning as defined in the National Small Business Act, 1996 (Act No. 102 of 1996);

 

"Waste picker"

means a person who collects identified products from residential and commercial waste bins, landfill sites and open spaces in order to revalue them and generate an income;

[Definition inserted by section 2(e) of Notice No. 400, GG44539, dated 5 May 2021]

 

the Act"

means the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008); and

 

"waste collection"

[Definition deleted by section 2(f) of Notice No. 400, GG44539, dated 5 May 2021]