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Unpacking additions to EPR Scheme; further proposed amendments
Portable batteries, pesticides and lubricant oils now fall under the Extended Producer Responsibility Regulations, and have to comply with rules on transportation, storage and waste.
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On 23 March 2023, three new Extender Producer Responsibility Schemes (EPR Schemes) were published, bringing three additional sectors under the regulation of the Extended Producer Responsibility Regulations, 2020 (EPR Regulations). These are:
- the portable battery sector;
- the pesticide sector; and
- the lubricant oil sector.
Portable batteries:
The EPR Scheme for the Portable Battery Sector applies to portable batteries, defined as batteries which are sealed, can be hand-carried without difficulty, and are neither automotive nor industrial batteries. This EPR Scheme applies to the following portable battery classes: alkaline/zinc carbon batteries; primary (single use) lithium batteries; nickel metal hydride batteries; silver oxide batteries; and zinc air/air depolarised batteries.
It also applies to the waste arising from the use of these portable battery classes. The prescribed EPR measures imposed on producers of these identified products include collection, transportation, and storage of these products in the post-consumer stage; recycling; and recovery. They also include targets for the first five years of implementation of the EPR Scheme.
Pesticides:
The EPR Scheme for the Pesticide Sector applies to pesticides, pesticide co-formulants, and related containers as identified products (each as defined) and the waste arising from their use.
The prescribed EPR measures imposed on producers of these identified products include collection, storage, and transportation of these products; recycling; and treatment. They also include targets for the first five years of implementation of the EPR Scheme.
Lubricants:
The EPR Scheme for the Lubricant Oil Sector applies to lubricant oil, defined as all virgin and re-defined mineral and synthetically based lubricants, with or without additives, used for lubrication within heat transfer, load transfer, insulation or any other application, which can be recovered after use. This EPR Scheme applies to lubricant oils distributed or intended for distribution in South Africa and the waste arising from their use.
Certain specified products are expressly excluded from the scope of this EPR Scheme (eg. vegetable oils, greases and waxes).
The prescribed EPR measures imposed on producers of these identified products include collection, transportation and storage of these products in the post-consumer stage; reuse; and recycling/recovery. They also include targets for the first five years of implementation of the EPR Scheme.
These new EPR Schemes are now in force.
Proposed amendments to the EPR Regulations
On 5 May 2023, the Minister of Forestry, Fisheries and the Environment published a notice of intention to amend the EPR Regulations and their associated sector notices. The proposed amendments seek to provide technical clarity on the EPR Regulations and the associated notices, while strengthening the ability of this legislation to hold producers liable for achieving published sector targets and curbing free riders.
The proposed amendments include:
- conduct internal biannual financial audits and make these audit reports available to the department upon request;
- submit annual audit reports to the DFFE and upload them onto the SAWIC for public access; and
- collect, record, manage and submit data to the SAWIS from regulation 5A (Obligations of PRO) and moving them to revised regulation 8 (Monitoring, Reporting and Evaluation).
- conduct internal biannual financial audits and make these audit reports available to the department upon request;
- make the internal biannual audit reports available to the external auditor;
- submit annual audit reports to the Department of Forestry, Fisheries and the Environment (DFFE) and upload them onto the SAWIC for public access; and
- collect, record, manage and submit data to the SAWIS from regulation 5B (Obligations of Producer) and moving them to revised regulation 8 (Monitoring, Reporting and Evaluation).
These are proposed amendments. Public comments are due by 5 June 2023.
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About Lerato Molefi, Paula-Ann Novotny and Hassan Mahlawe
Lerato Molefi, Associate, Paula-Ann Novotny, Senior Associate and Hassan Mahlawe, Candidate Attorney from Webber Wentzel
