WASTE ACT: DRAFT GUIDELINES FOR EXTENDED PRODUCER RESPONSIBILITY FEES 

Title: National Environmental Management: Waste Act, 2008: Draft Guideline and Toolkit for the Determination of Extended Producer Responsibility Fees 

Gazette reference: GN 4308 in GG 50067 of 2 February 2024 

Commencement date: 11 March 2024 

On 2 February 2024, the Minister of Forestry, Fisheries and the Environment published for public comment the Draft Guideline and Toolkit for the Determination of Extended Producer Responsibility Fees in terms of sections 72 and 73 of the National Environmental Management: Waste Act, 2008 (“NEMWA”). 

The Draft Guideline intends to provide direction for the enactment and implementation of regulations 7 and 7A of the Extended Producer Responsibility Regulations, 2020, which deal with financial arrangements. The Guideline aims to: 

  • Provide producers with a realistic way of determining Extended Producer Responsibility fees; 
  • Provide a consistent mechanism for determining Extended Producer Responsibility fees applicable to the identified products; and 
  • Ensure transparency, fairness, standardization, and universality in Extended Producer Responsibility fee determination.