Regulator starts to crack down on EPR free riders

Despite coming into force in 2021, many businesses seem to be unaware of the laws pertaining to Extended Producer Responsibility (EPR). The Department of Forestry, Fisheries and the Environment (DFFE) is cracking down and has issued 37 pre-compliance notices to non-compliant EPR producers in the Electrical & Electronic Equipment (E&EE) sector.

The EPR regulations, introduced under the National Environmental Management: Waste Act, 2008, regulate problematic waste streams resulting from public consumption of certain products. The EPR Scheme for the E&EE Sector Notice is one of the several sector notices that informs the EPR laws by identifying the products which produce problematic waste streams that need to be managed. In addition to registering with the DFFE, producers of identified E&EE products are required to implement the prescribed EPR measures in respect of the resultant wastes (such as meeting the annual e-waste tack-back and recycling targets specified in the E&EE Sector Notice).

International e-waste day was commemorated on 14 October 2024. The purpose of the day's commemoration is to raise awareness and highlight the importance of responsible and sound management of electrical and electronic waste.

In commemoration of international e-waste day, the DFFE published a media statement, highlighting some of the legislative and policy efforts undertaken by government to contribute to pollution reduction, resource conservation and energy savings. In this statement, the department noted that it is now strengthening enforcement action against EPR producers under the E&EE Sector Notice that are not complying with the EPR laws. This includes free riders - defined as producers who benefit from the actions or efforts of another producer, in relation to an EPR scheme, without fully complying with the requirements of the EPR scheme. The issue of free riders has been a contentious one, with producers who have been proactive in complying with the EPR laws facing a multitude of practical and financial challenges related to the exclusion of free riders.

Businesses that manufacture, convert, import, refurbish or distribute any regulated identified products, or make or sell them under a brand label, are reminded to ensure that they are compliant with these laws. The consequences of failing to comply, where required, are significant, and include the potential issuing of fines or prison sentences or both.


Disclaimer

These materials are provided for general information purposes only and do not constitute legal or other professional advice. While every effort is made to update the information regularly and to offer the most current, correct and accurate information, we accept no liability or responsibility whatsoever if any information is, for whatever reason, incorrect, inaccurate or dated. We accept no responsibility for any loss or damage, whether direct, indirect or consequential, which may arise from access to or reliance on the information contained herein.


© Copyright Webber Wentzel. All Rights reserved.

Webber Wentzel > News > Regulator starts to crack down on EPR free riders
Johannesburg +27 (0) 11 530 5000
|
Cape Town +27 (0) 21 431 7000
Validating email against database, please wait...
Validating email: please wait...
Email verified: Please click the confirmation link sent to your mailbox, also check junk/spam folder. If you no longer have access to this email address or haven't received the verification email then email communications@webberwentzel.info
Email verified: You are being redirected to manage your subscription
Email could not be verified: Please wait while you are redirected to the Subscription Form
Unanticipated error: Saving your CRM information Subscription Form