| (1) |
The following are the requirements for a producer responsibility organisation that implements an extended producer responsibility scheme: |
| (a) |
The producer responsibility organisation that establishes and implements their own scheme must submit an interim performance report on the scheme measured against the individual targets in the relevant published Government Notice in terms of Section 18(1) of the Act. |
| (b) |
The interim performance report must be submitted to the Department within four weeks of the conclusion of the 6 months period namely January to June of the calendar year, by the producer responsibility organisation, and the interim performance report must include the following but is not limited to: |
| (i) |
Unaudited interim performance against the published targets; |
| (ii) |
Unaudited breakdown of the allocation of the extended producer responsibility fee; and |
| (iii) |
Unaudited performance on all finance matters. |
| (c) |
Annual performance audit reports must be submitted to the Department within 3 months of the conclusion of the year end, which is on 31 December. |
| (d) |
An annual external performance audit report must be submitted to the Department containing the following minimum requirements: |
| (i) |
Performance against the published targets; |
| (ii) |
Breakdown of the allocation of the extended producer responsibility fee; |
| (iii) |
Performance on all finance matters; |
| (iv) |
Governance report; and |
| (v) |
Number of jobs created. |
| (e) |
All producer responsibility organisation that establish and implement their own scheme and a producer who establish and implement their own scheme must record and report, as a minimum on an annual basis, to the South African Waste Information System the quantities of the identified product that are: |
| (i) |
placed on the market by members of the producer responsibility organisation or by the producers who implement their own scheme; |
| (iii) |
diverted away from landfill (recycled, reused, recovered, refurbished); |
| (vi) |
number of jobs created. |
| (f) |
The Department may conduct verification audits on the obligations of the producer responsibility organisations. |
| (g) |
In year 1 of implementation of these Regulations, the following will apply: |
| (i) |
For subregulation (1)(a) and (b), the period will be from the date of business commencement until end June of the calendar year; |
| (ii) |
Subregulation (1)(a) and (b) will not be applicable in the event business commencement occurs after June of the calendar year; and |
| (iii) |
For subregulation (1)(c), (d) and (e), the period will be from the date of business commencement until December of the calendar year. |
[Regulation 8(1) substituted by section 9(a) of Notice No. 400, GG44539, dated 5 May 2021]
| (2) |
The following are the requirements for a producer.that establishes and implements their own scheme: |
| (a) |
The producer that establishes and implements their own scheme must submit an interim performance report on the scheme measured against the individual targets in the relevant published Government Notice in terms of Section 18(1) of the Act. |
| (b) |
The interim performance report must be submitted to the Department within four weeks of the conclusion of the 6 month period, namely January to June of the calendar year, by the producer. |
| (c) |
The interim performance report must include only: |
| (i) |
Unaudited interim performance against the published targets; |
| (ii) |
Unaudited breakdown of the allocation of the extended producer responsibility fee; and |
| (iii) |
Unaudited performance on all finance matters. |
| (d) |
Annual external performance audit reports must be submitted to the Department within 3 months of the conclusion of the year end, which is on 31 December. |
| (e) |
An annual external performance audit report must be submitted, by the producer, to the department containing the following minimum requirements: |
| (i) |
Performance against the published targets; |
| (ii) |
Breakdown of the allocation of the extended producer responsibility fee; |
| (iii) |
Performance on all finance matters; and |
| (iv) |
Number of jobs created. |
| (f) |
The producer that establishes and implements their own scheme must record and report, as a minimum on an annual basis, to the South African Waste Information System the quantities of the identified product that are: |
| (i) |
placed on the market by the producer; |
| (iii) |
diverted away from landfill (recycled, reused, recovered, refurbished); |
| (vi) |
number of jobs created. |
| (g) |
The Department may conduct verification audits on the obligations of the producer. |
| (h) |
In year 1 of implementation of these Regulations, the following will apply: |
| (i) |
For subregulation (2)(a), (b) and (c), the period will be from the date of business commencement until end June of the calendar year; |
| (ii) |
Subregulation (2)(a), (b) and (c) will not be applicable in the event business commencement occurs after June of the calendar year; and |
| (iii) |
For subregulation (2)(d), (e) and (f) the period will be from the date of business commencement until December of the calendar year. |
[Regulation 8(2) substituted by section 9(b) of Notice No. 400, GG44539, dated 5 May 2021]
| (3) |
[Regulation 8(3) deleted by section 9(c) of Notice No. 400, GG44539, dated 5 May 2021] |
| (4) |
[Regulation 8(4) deleted by section 9(c) of Notice No. 400, GG44539, dated 5 May 2021] |
| (5) |
[Regulation 8(5) deleted by section 9(c) of Notice No. 400, GG44539, dated 5 May 2021] |
| (6) |
[Regulation 8(6) deleted by section 9(c) of Notice No. 400, GG44539, dated 5 May 2021] |
| (7) |
[Regulation 8(7) deleted by section 9(c) of Notice No. 400, GG44539, dated 5 May 2021] |
Older Persons Act, 2006
