4.7 Producer Responsibility

The Waste Act establishes Extended Producer Responsibility (EPR) as a regulatory mechanism for achieving waste reduction through minimisation, reuse and recycling of waste. Currently, most producer responsibility schemes in South Africa are voluntary, industry-led and based on post consumer waste streams. Government initiatives include the mandatory point of sale levy on plastic bags.

Before implementing provisions for EPR, it is important that existing initiatives are reviewed and mechanisms put in place to support and further develop them where appropriate. As a general rule, regulation should be used to strengthen and support voluntary EPR initiatives by industry, and only as a last resort to intervene and address intractable problems.
 
The agreed approach to the achievement of waste reduction and increased recycling through EPR includes the following steps and mechanisms:
  • In consultation with DEA, industry will set realistic targets based on their knowledge of their sector in industry waste management plans.
  • Industry will work towards achieving these targets through a variety of mechanisms, including education and awareness programmes, recycling, and product and materials levies.
  • Industry will report on these targets annually to DEA, and provide reasons when targets are not met. Should an industry repeatedly fail to meet agreed targets without justifiable cause, DEA will implement relevant regulatory measures, penalties and / or disincentives.
  • Targets will be reviewed at regular intervals, as agreed by industry and DEA.
It is recommended that DEA create formal structures and a communications protocol with the DTI, in order to obtain advice on the impact and feasibility of EPR measures. The Minister of DEA will be required to consult the Minister of DTI and Minister of Finance on any requirements for financial arrangements.
 
It is also proposed that a pilot EPR initiative should be implemented to test the feasibility of EPR measures, and it is suggested that non-complex industries such as the compact fluorescent light bulb industry be considered for such a pilot. Industry specific approaches are recommended for EPR initiatives rather than blanket methodologies, and risk analysis should form part of this exercise.
 
There are some areas of EPR which require clarity or further discussion. These are:
  • The role of both voluntary and mandatory Industry Waste Management Plans in achieving EPR.
  • The relationship between provisions for declaration of priority wastes and EPR. For example, it is important to determine at what point waste from an industry failing to meet EPR agreements should be considered for listing as a priority waste.
  • Funding of EPR. While government has a role to play in EPR, it is not the state’s obligation to fund it. Where industry raises the funds for EPR, representatives have argued for control of how and where funds are used. The failure to ring-fence funds derived from the plastic bag levy is cited as a concern by industry.

Mechanisms to protect poor communities from the financial and regulatory impacts of EPR needs to be considered. Whilst some buy-back centres were established for plastic bags in an attempt to reduce the impact of the plastic bag levy on the poor, this initiative is felt to have been relatively unsuccessful, and alternative mechanisms will need to be explored.