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July
2009 |
Waste
Tyre Regulation, 2009 effective from 30 June 2009
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Tyre dealers |
Regulation
7 of the WTR deals specifically with the duties of tyre dealers.
From
30th June 2009 all tyre dealers are obliged to: -
7.1
Sort all used tyres taken
off vehicles or equipment into retreadable casings, part worn tyres (that
comply with the Road Regulations) and classify the balance as waste tyres.
7.2
Mutilate all waste tyres
with a load index of 121 or less (passenger and light commercial) by: -
·
Cutting the bead in
two places, or
·
Punching a 50mm hole
in the sidewall, or
·
Making a 100mm cut in
the sidewall
7.3
Manage the waste tyres in
accordance with the approved integrated industry waste management plan of
the the specific tyre producer.
The
problem that we have is that at the moment there are no DEA approved tyre
producer management plans, therefore the tyre dealer will be obliged to
dispose of the waste tyres in terms of the General Prohibitions of the WTR,
regulation 4;
This
regulation allows for waste tyres to be disposed of by recycling or energy
recovery if authorized by law or disposal at a landfill site. It is the
responsibility of the tyre dealer to verify the destination of waste tyres
collected from their businesses. Once
the management plans of the tyre producers are approved by Department of
Environmental Affairs and Tourism (DEA), it will be Gazetted and tyre
dealers will be advised how to manage the waste tyres. |
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Suppliers of tyres
(manufacturers and importers
including vehicle importers and manufacturers) |
Regulation
6 of the WTR deals with the duties of tyre producers:
From
30th June 2009 all tyre producers are obliged to: -
6.1
Register
with DEA before the end of July 2009. The registration form is available
from the website www.sawic.org.za
6.2
The
Minister will issue the applicants with registration numbers.
6.3
Tyre
producers must: -
·
Prepare
and submit an industry plan within 60 days of registering, or
·
Register
with an existing plan, and
·
Comply
with the industry plan immediately on receiving the Minister’s approval,
or comply within 60 days with an existing plan approved by the Minister.
6.4
A tyre
producer commencing business after commencement of these regulations shall
not begin operations without first having a industry plan in place or
being accepted into an existing plan.
6.5
A tyre
producer on whom an obligation is imposed in terms of sub-regulation 1,2,3
and 4 may not manufacture, import, distribute or sell tyres unless
measures have been taken to ensure that when those tyres become waste
tyres they will be dealt with in terms of the management plan to which the
producer belongs.
6.6
A tyre
producer must inform the Minister if they de-register from a management
plan.
6.7
A tyre
producer may not manufacture, import tyres or vehicles fitted with tyres,
or distribute or sell tyres unless they can demonstrate that they either:
-
·
Have a
management plan approved by the Minister, or
·
Belong
to an existing management plan approved by the Minister.
Note:
The DEA Registration Number must be indicated on "all trading
documents"
e.g. where VAT Number is quoted such
as company
letterheads, invoices, statements, etc.
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Waste tyre
stockpile owner (Abatement plan) |
Regulation
8 of the WTR deals specifically with the duties of waste tyre stockpile
owners:
From
30th June 2009 all waste tyre stockpile owners are obliged to:
-
8.1
Register with DEA before
the end of July 2009.
8.2
The Minister will issue all
applicants with registration numbers.
8.3
Within 120 days of 30th
June the waste tyre stockpile owner must submit to the Minister a waste
tyre stockpile abatement plan for approval.
A
waste tyre stockpile owner on whom an obligation is imposed in terms of
sub-regulation 1 and 2 that is not permitted or licensed in terms of
relevant legislation shall not add to the stockpile after 120 days of
commencement of these regulations. |
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SATRP
Integrated Industry Waste Tyre Management Plan |
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July
2009 to January 2010 |
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SATRP
Industry Plan |
The
SATRP Company advertised its draft SATRP Industry Plan widely in April 2009 and
received a number of comments. These comments were taken into account
before the re-drafted Industry Plan was submitted to DEA on 4 June 2009
for approval. The gazette of the SATRP
Industry Plan can be seen on this website.
The
finalised Plan will be published in the Government Gazette and become
effective and binding on the subscribers to the plan. It is expected that
the final Gazetting will take place in June 2010.
Any
tyre producer wishing to become a subscriber to the SATRP Industry Plan
may do so by completing the registration
form.
Subscribers
to the SATRP Industry Plan will be obliged to sign a "Conditional
Agreement" with the
SATRP Company.
A contract fee of R10,000 excluding VAT will be charged to defray
the legal and admin costs involved. The SATRP Co will officially notify
the Department of Environmental Affairs on
a monthly basis of those companies
who subscribe to the SATRP Co Industry Plan. |
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DEA |
Gazette
final SATRP Co industry Plan during June 2010 (Estimate)
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Waste tyre stockpile owner
(Abatement plan)
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Final
date for submission of abatement plans 27 October 2009. |
| June
2010 to December 2010 |
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SATRP
Industry Plan subscribers |
First
submissions of tyre sales declarations to external accountants using
standard forms. |
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SATRP
Board |
Award
transport and waste tyre processors tenders.
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External
Accountant tender |
The
SATRP Company will appoint an external accountant to administer the green
fee and maintain confidentiality of subscriber's market shares.
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External
Auditor tender |
The
SATRP Company will appoint an external auditor to adjudicate all waste
tyre processors tenders and audit the subscribers, transporters and waste
tyre processors.
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Waste
Tyre Transport tender
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The
SATRP Company plans to issue the tenders for the transport contracts in
each province possibly during August 2010.
Transporters
will have to collect waste tyres from all tyre dealers and have
established transfer sites to store and sort waste tyres and then dispatch
them to waste tyre processors. |
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Waste
Tyre Processor tenders |
The
SATRP Company plans to issue the tender documents for waste tyre
processors to tender for the waste tyres collected by the plan. Time of
issue possibly September 2010. |
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Tyre
producers
(manufacturers
and importers including vehicle importers and manufacturers) |
Tyre
Producers
need to submit to DEA their IIWTMP or indication of participating in
another Plan. (End September 2009)
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January
to March 2011 |
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SATRP
Industry Plan subscribers
(Green
fee collections) |
Green
fee collection invoices will be issued by external accounts to
participating subscribers to the SATRP Industry plan to start payment
three months ahead of actual waste tyre collections. Date possible April 2011.
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Waste
Tyre Transporters
(Waste
tyre collection from tyre dealers starts)
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The
contracted transporters of the SATRP Company start waste tyre collections
during July 2011 from all tyre dealers in the country.
Only
the tyre brands of the participating companies (subscribers to the SATRP
Industry Plan) will be collected.
No
money will be paid for any waste tyres.
Waste
tyres start flowing to waste tyre processors. |
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External
Auditor |
The
appointed external auditor will start monitoring the process during late
2010 in order to
prevent fraud and mismanagement.
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Collection
Starts |
The
collection of the first phase (as per the SATRP Integrated Industry plan)
is highway tyres e.g. passenger and commercial tyres. All other
categories of tyres (e.g. OTR, Agricultural, Aircraft, etc) will be phased
in over a 5 year period. |
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All
Tyre Producers (Manufacturers and Importers) must subscribe to a plan,
according to the Waste Tyre Regulation. Producers that join the
SATRP Plan will only start paying a green fee on tyres imported or
manufactured, when that category of tyres is phased into the collection
process.
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