Part 3: Reduction, re-use, recycling and recovery of waste

17. Reduction, re-use, recycling and recovery of waste

  1. Unless otherwise provided for in this Act, any person who undertakes an activity involving the reduction, re-use, recycling or recovery of waste must, before undertaking that activity, ensure that the reduction, re-use, recycling or recovery of the waste-
    1. uses less natural resources than disposal of such waste; and
    2. to the extent that it is possible, is less harmful to the environment than the disposal of such waste.
  2. The Minister may, after consultation with the Minister of Trade and Industry and by notice in the Gazette, require any person or category of persons to-
    1. provide for the reduction, re-use, recycling and recovery of products or components of a product manufactured or imported by that person; or
    2. include a determined percentage of recycled material in a product that is produced, imported or manufactured by that person or category of persons.
    1. Before publishing a notice in terms of subsection (2), or any amendment to the notice, the Minister must follow a consultative process in accordance with sections 72 and 73.
    2. Paragraph (a) need not be complied with if the notice is amended in a non-substantive manner.

18. Extended producer responsibility

  1. The Minister after consultation with the Minister of Trade and Industry may, in order to give effect to the objects of this Act, by notice in the Gazette-
    1. identify a product or class of products in respect of which extended producer responsibility applies;
    2. specify the extended producer responsibility measures that must be taken in respect of that product or class of products; and
    3. identify the person or category of persons who must implement the extended producer responsibilities measures contemplated in paragraph (b).
  2. The Minister may in a notice under subsection (1) specify-
    1. the requirements in respect of the implementation and operation of an extended producer responsibility programme, including the requirements for the reduction, re-use, recycling, recovery, treatment and disposal of waste;
    2. the financial arrangements of a waste minimisation programme, with the concurrence of the Minister of Finance;
    3. the institutional arrangements for the administration of a waste minimisation programme;
    4. the percentage of products that must be recovered under a waste minimisation programme;
    5. the labelling requirements in respect of waste;
    6. that the producer of a product or class of products identified in that notice must carry out a life cycle assessment in relation to the product, in such manner or in accordance with such standards or procedures as may be prescribed; and
    7. the requirements that must be complied with in respect of the design, composition or production of a product or packaging, including a requirement that-
      1. clean production measures be implemented;
      2. the composition, volume or weight of packaging be restricted; and
      3. packaging be designed so that it can be reduced, re-used, recycled or recovered.
  3. Before publishing a notice under subsection (1) or any amendment to the notice, the Minister must-
    1. consult affected producers;
    2. follow a consultative process in accordance with sections 72 and 73, unless the notice is amended in a non-substantive manner;
    3. take into account the Republic's obligations in terms of any applicable international agreements; and
    4. consider relevant scientific information.