REGULATIONS TO PROHIBIT THE PRODUCTION, DISTRIBUTION, IMPORT, EXPORT, SALE AND USE OF PERSISTENT ORGANIC POLLUTANTS THAT ARE LISTED BY THE STOCKHOLM CONVENTION ON PERSISTENT ORGANIC POLLUTANTS

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REGULATIONS TO PROHIBIT THE PRODUCTION, DISTRIBUTION, IMPORT, EXPORT, SALE AND USE OF PERSISTENT ORGANIC POLLUTANTS THAT ARE LISTED BY THE STOCKHOLM CONVENTION ON PERSISTENT ORGANIC POLLUTANTS

Notice Title: Regulations to Prohibit the Production, Distribution, Import, Export, Sale and Use of Persistent Organic Pollutants that are listed by the Stockholm Convention on Persistent Organic Pollutants
Government Notice: GN 414 in GG 44559 on 12 May 2021
Commencing date: 12 May 2021

The Minister of Forestry, Fisheries and the Environment (“the Minister”) published a notice in terms of section 25(3) of the National Environmental Management Act 107 of 1998 (“NEMA”) making the Regulations to Prohibit the Production, Distribution, Import, Export, Sale and Use of Persistent Organic Pollutants (“POP”) that are listed by the Stockholm Convention on POP (“the Regulations”).

The Regulations prohibit the production, distribution, import, export, sale and use of any of the following listed substances:

  • Hexabromocyclododecane;
  • Hexachlorobutadiene;
  • Polychlorinated naphthalenes;
  • Decabromodiphenyl ether;
  • Short-chain chlorinated paraffins; and
  • Periluorooctanoic acid (PFOA), its salts and PFOA-related compounds.

For a copy of the Government Gazette Notice click here.

How to ensure compliance at my operations?
The Regulations applies uniformly to any person who produces, distributes, imports, exports, sells and uses a substance as listed herein above.

Transitional provisions:

  • A person who at the time of the commencement of the Regulations, is in possession of the substances listed above, may continue to distribute, sell or use the substances for period of 12 months from the commencement of the Regulations (i.e., 11 May 2022), but may not import or export it.
  • A person who wishes to rely on the transitional period indicated above, in order to continue to distribute, sell or use the substances after the commencement of the Regulations, must notify the Director-General in writing thereof within 30 days of the commencement of the Regulations (i.e., 11 June 2021) and must identify the substances which he/she or the Company has in its possession.

For more information or assistance please contact Corrie Potgieter at corrie@shangoni.co.za

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