Legislation

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Legislation

The recent EPR gazettes state (or highlight) that support Section 18 of National Environmental Management: Waste Act are crucial regarding the entrenchment of circular economy thinking within the packaging sector. During the next few years, we can expect that additional focus will be placed on ensuring that all packaging materials are reusable, recyclable or compostable.

Government Gazette (GG) No 43879 National Environmental Management: Waste Act (59/2008): Regulations regarding Extended Producer Responsibility (5 November 2020) (as amended) – These refer to the overarching regulations for all identified products and packaging.

Legislation and other regulation

GG No 43882 National Environmental Management: Waste Act (59/2008): Extended producer responsibility scheme for paper, packaging and some single use products. (5 November 2020) (as amended) – These are specifically for paper, packaging and some single use products.

The overarching EPR regulations were promulgated on 5 November 2020 and are in effect from 1 January 2022. The EPR regulations intend to ensure that Producers that place any products and packaging identified by the Minister onto the South African Market, take full responsibility for these products through the course of the products life, including the management, recovery, and recycling of the product or packaging at the end of its life.

EPR Fee Model

Raw Material Manufacturers will pay a flat fee based on a tiered volume system.

1

Converters/Contract Packers pay R20 per ton for steel or tinplate; R15 per ton for aluminium. 

2

Brand owners who source packaging from local convertors (less tonnage exported) will be levied R168.75 per ton for steel or tinplate R131.25 per ton for aluminium.

3

Brand owners who import filled metal packaging will pay R188.75 per ton for steel or tinplate R146.25 per ton for aluminium.

4

A minimum fee of R5000 per annum shall apply where the tonnage is less than 10 Tons per annum.

5

Retailers as brand-owners (importing filled metal packaging or branding their own products) will pay the same amount as brand owners who import filled metal packaging.

6

Individuals, associations or other interested stakeholder wishing to become members of MetPac-SA will pay a flat fee of R60 000 per annum.

Government Gazettes with regards to EPR published in terms of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008):