18. Extended producer responsibility

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  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.
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