NEM:AQA – AMENDMENTS TO REGULATIONS REGARDING THE PHASING-OUT AND MANAGEMENT OF OZONE DEPLETING SUBSTANCES

The Minister of Environment, Forestry and Fisheries, under section 53(a) and (e), read with section 55 of the National Environmental Management: Air Quality Act no. 39 of 2004, amended the Regulations regarding the Phasing-Out and Management of Ozone Depleting Substances, 2014, published under Government Notice No. 351, in Government Gazette 37621, of 8 May 2014. The amendments came into effect on 11 January 2021.

What does this mean?
These regulations regulate the management and phasing out of ozone depleting substances. The regulations prohibit the following:
• Producing, importing, exporting, using or placing on the market any of the following ozone-depleting substances including equipment or products containing such substances, unless it is for critical use-
(a) Chlorofluorocarbons;
(b) bromochlorofluorocarbons;
(c) halons;
(d) carbon tetrachloride;
(e) 1,1,1 trichloroethane;
(f) hydrobromofluorocarbons; and
(g) bromochloromethane.
The above does not apply to the placing on the market and use of halons that have been reclaimed from existing fire protection systems before the coming into effect of these regulations and the placing on the market and use of halons for critical use;

• The stockpiling of the ozone-depleting substances;

• The import of HCFCs or methyl bromide under critical use nomination, unless an import quota allocation is obtained from the Department;

• Discharge or release of ozone-depleting substances into the atmosphere;

• Importing HCFC-141b either in pure form or as a component of blended chemicals, for the purpose of placing on the market or use in the production of polyurethane foams or as solvents or any other application, from 1 January 2016;

• Importing any new or used refrigeration and air-conditioning systems or equipment containing HCFC-22 or any refrigerant or refrigerant blend containing any HCFC, from 1 July 2014; and

• Using HCFC-22 ,or any other refrigerant containing HCFCs, either in pure form or as a component of blended refrigerants, in the construction, assembly or installation of any new refrigeration or air-conditioning system or equipment, from 1 January 2015.

The following regulations were amended:
• 3(5) Prohibition of production, importation, exportation, use or placing on the market of ozone-depleting substances and equipment
• 5A Import quota allocation – new regulation inserted
• 5B Import or export permit recommendation – new regulation inserted
• 9. Offences and penalties
• Appendix A – Ozone Depleting Substances.

What was amended?

The following regulations were amended:
• 4. Registration of producers
• 10. Registration of producer responsibility organisations
• 14. Short title and commencement
Of the three Extended producer responsibility schemes referred to above, paragraph 6 of each notice was amended which deals with the Responsibility of producers.

Publication details:
Published under Government Notice No. 10, Government Gazette 44065, dated 11 January 2021.

Where do I access this information?
Please email a request to Marlize de Jager at marlize@implex.co.za.

NEM:WA – AMENDMENT OF THE REGULATIONS AND NOTICES REGARDING EXTENDED PRODUCER RESPONSIBILITY, 2020

The Minister of Environment, Forestry and Fisheries, under the National Environmental Management: Waste Act, 2008, amended the following w.e.f. 5 May 2021:
• Regulations regarding extended producer responsibility, 2020;
• Extended producer responsibility scheme for the electrical & electronic equipment sector;
• Extended producer responsibility scheme for the lighting sector; and
• Extended producer responsibility scheme for paper, packaging and some single-use products.

What was amended?
The following regulations were amended:
• 4. Registration of producers
• 10. Registration of producer responsibility organisations
• 14. Short title and commencement
Of the three Extended producer responsibility schemes referred to above, paragraph 6 of each notice was amended which deals with the Responsibility of producers.

Publication details:
Published under Government Notice No. 20, Government Gazette 44078, dated 15 January 2021.

Where do I access this information?
Please email a request to Marlize de Jager at marlize@implex.co.za.

NEMA: PROPOSED REGULATIONS PERTAINING TO FINANCIAL PROVISIONING FOR THE MITIGATION AND REHABILITATION OF ENVIRONMENTAL DAMAGE CAUSED BY RECONNAISSANCE, PROSPECTING, EXPLORATION, MINING OR PRODUCTION OPERATIONS

The Minister of Forestry, Fisheries and Environment consulted on the intention to repeal the Financial Provisioning Regulations, 2015, which was published under GN 1147, GG 39425 of 20 November 2015 and to make Regulations pertaining to the financial provisioning for reconnaissance, prospecting, exploration, mining or production operations under sections 44(1)(aE), (aF), (aG), (aH), read with sections 24(5)(b)(ix), 24(5)(d), 24N, 24P and 24R of the Act. Members of the public were invited to submit written comments within 40 days from the date of the publication of the Notice in the Gazette, to dfischer@environment.gov.za.

More information
The purpose of these Regulations is to—
a) establish the obligation of an applicant and holder to plan, implement and manage activities and procedures to mitigate and rehabilitate environmental damage caused by reconnaissance, exploration, prospecting, mining and production operations;
b) regulate the manner in which an applicant or holder must determine, provide, set aside, maintain and manage financial security for undertaking progressive rehabilitation, decommissioning, closure and post-closure activities associated with reconnaissance, exploration, prospecting, mining and production operations;
c) identify the circumstances under which the Minister and the Minister responsible for water affairs may use the financial provision set aside to affect the obligation of the holder;
d) ensure that the State does not become liable for the costs of mitigation, rehabilitation and management of negative environmental impacts and environmental damage which should be covered by a holder; and
e) facilitate environmentally sustainable mining.

These Regulations apply to an applicant and a holder, notwithstanding the applicability of section 52(1) of the Mineral and Petroleum Resources Development Act.
These Regulations do not apply to an applicant or holder of-
a) a retention permit or a technical co-operation permit contemplated in sections 31 and 76 of the Mineral and Petroleum Resources Development Act respectively; and
b) a reconnaissance permission or permit or an exploration right contemplated in section 13, 74 or 79 of the Mineral and Petroleum Resources Development Act where the application includes only a desktop study or aerial survey
These Regulations do not apply-
a) to an applicant or holder of a reconnaissance permit contemplated in section 74 of the Mineral and Petroleum Resources Development Act for an offshore operation, where the application includes a seismic survey;
b) an applicant or holder of an exploration right contemplated in section 79 of the Mineral and Petroleum Resources Development Act for an offshore operation, where the application includes a seismic survey but no drilling of stratigraphic wells; and
c) in the case of an incidentin which case separate arrangements must be made to cover the liability associated with such activities or incident and in which case the provisions of section 28 of the Act applies.

The regulations deal with, inter alia, the following matters:
• Obligation of an applicant and holder to plan for, finance and implement environmental mitigation, rehabilitation and management measures
• General requirements
• Purpose of financial provisioning
• Determining of the financial provision using the prescribed template, spreadsheet and master rates
• Determining of the financial provision using the plans and report system
• Availability of the financial provision
• Financial vehicles available for setting aside financial provision
• Review and update of templates, spreadsheets, plans and reports and confirmation or adjustment of the financial provision
• Audits and related requirements
• Cancellation and claiming against a financial guarantee or parent or affiliate company guarantee
• Claiming against a closure rehabilitation company or closure rehabilitation trust to effect mitigation and rehabilitation
• Withdrawal against a financial provision to facilitate decommissioning and final closure activities
• Responsibility of an applicant or holder to consult and disclose information
• Powers and duties of the Minister
• Transitional arrangements
• Offences
• Penalties
• Repeal of Financial Provisioning Regulations, 2015
• Appendix 1: Minimum content of an annual rehabilitation plan for operations contemplated in regulation 8
• Appendix 2: Minimum content of a final rehabilitation, decommissioning and mine closure plan for operations contemplated in regulation 8
• Appendix 3: Minimum content of an environmental risk assessment report for the determination of latent liability for operations contemplated in regulation 8
• Appendix 4: Methodology for calculation of financial provision for new operations contemplated in regulation 8
• Appendix 5: Methodology for calculation of financial provision for existing operations contemplated in regulation 8 and 18
• Appendix 6: Minimum requirements for a closure rehabilitation company or a closure rehabilitation trust.

Publication details:
Published under Government Notice 765, Government Gazette 45058, dated 27 August 2021

Where do I access this information?
Please email a request to Marlize de Jager at marlize@implex.co.za.

NEMWA: EXTENDED PRODUCER RESPONSIBILITY REGULATIONS, 2020 – DEADLINE FOR REGISTRATION OF PRODUCERS 5 NOVEMBER 2021

Please take note that according to Regulation 4(1) of the Extended Producer Responsibility Regulations, 2020, all existing producers of identified products, at the time these Regulations came into effect, must register with the department within 6 months of the publication of the Government Notice in the Government Gazette in terms of section 18(1) of the Act, by completing the online registration process accessible via the South African Waste Information Centre website (www.sawic.environment.gov.za). Although the regulations and notices were originally published on 5 November 2020, they were amended w.e.f. 5 May 2021. This means the due date for registrations is 5 November 2021.

More information
In terms of S18(1) of the National Environmental Management: Waste Act 59 of 2008, the Minister after consultation with the Minister of Trade and Industry may, by notice in the Gazette-
• identify a product or class of products in respect of which extended producer responsibility applies;
• specify the extended producer responsibility measures that must be taken in respect of that product or class of products; and
• identify the person or category of persons who must implement the extended producer responsibilities measures contemplated in paragraph (b).
The Minister identified the following products in terms of which the extended producer responsibility applies:
• Extended Producer Responsibility Scheme for Paper, Packaging and some single use products (GN 1187):
• Extended Producer Responsibility Scheme for the Lighting Sector (GN 1186); and
• Extended Producer Responsibility Scheme for the Electrical and Electronic Equipment Sector (GN 1185)

A person commits an offence if that person contravenes or fails to comply with regulation 4(1) and on conviction of such an offence, be liable to-
(a) imprisonment for a period not exceeding 15 years;
(b) an appropriate fine; or
(c) both a fine and imprisonment.

Where do I access this information?
Please email a request to Marlize de Jager at marlize@implex.co.za.