Environmental Management (Extended Producer Responsibility) Regulations, 2018 (SI 65) — packaging, bottles, cans, waste oils, tyres, e-waste

l 7thAugust, 2018 Statutory Instruments
GOVERNMENT OF ZAMBIA
STATUTORY INSTRUMENT No. 65 OF 2018
The Environmental Management Act
(Actl'�o. 12 of2011)
The Environmental Management (Extended Producer
Responsibility) Regulations, 2018
IN EXERCISE of the powers contained in sections 43 and 134 of
the Environmental Management Act, 2011, and in consultation with
the Agency, the following Regulations are made:
PART I
PRELIMINARY
1. These Regulations may be cited as the Environmental Title
Management (Extended Pr oducer Responsibility) Regulations, 2018.
651
2. In these Regula tions unless the context otherwise Interpretation
requires-
"Agency" means the Zambia Environmental Management
Agency established under Section 7 of the Act;
"alternative shopping bag" means a carrier bag that is made
from environmentally friendly materials and designed to
be used progressively over a period of approximately one
year;
"beverage can" means a packaging composed primarily of
aluminium material, used to hold a single serving of a
beverage for commercial distribution and which is not
returnable for reuse;
"carton" means packaging made from light polyethylene
coated paperboard folding box and includes foil laminates
used for packaging liquid beverages for commercial
distribution, and which is not returnable for reuse;
Copies of this Statutory Instrument can be obtairted from the Government Printer.
PO. Box 30136, 10101 Lusaka. Price K32.00 each.
652 Statutory Instruments 1 7th August, 2018
"chemical container" means a container use for the storage,
processing, mixing and transportation and where container
used for hazardous substances, is appropriately labelled
and not used or desegrated for use for any other purposes
of a chemical substance;
"commercial distribution" means making available of at least
0.25 tonnes per annum of a packaging material or product
directly or indirectly for packaging or carrying goods or
waste, by the public or specialised groups within the
Republic;
"inspector" means a person appointed inspector under section
14 of the Act;
"non returnable glass bottle" means a glass container intended
for use in pac kaging of bevera ges for commer cial
distribution, which is not returnable for reuse;
"non returnable plastic bottle" means a plastic container
intended for use in packaging of beverages for commercial
distribution, and which is not returnable for reuse;
"packaging material" includes a carton, plastic caITier bag,
plastic flat bag, non returnable glass, beverage can or
plastic bottle used for the general purpose of carrying goods
or waste;
"permit" means a packaging material registration permit issued
under Regulation 4;
"pesticide" means a substance or mixture of substances
intended for preventing, destroying or controlling a pest,
including vectors of human or animal disease or unwanted
species of plants or animals causing harm or otherwise
interfering with the production, processing, storage,
transport or marketing of food, agricultural commodities,
wood, wood products or animal feed, or which may be
administered to animals for the control of insects, mites,
spider mites or other pests in or on their bodies, and includes
substances intended for use as a plant growth regulator,
defoliant, desiccant, or agent for thinning fruit or preventing
the premature fall offruit, and substances applied to crops
either before orafter harvest to protect the commodity from
deterioration during storage or transport;
17thAugust, 2018 Statutory Instruments
"plastic carrier bag" means a bag, made of plastic film, with
handles, and with or without
gussets, which have the properties specified in Zambian
Standard on plastic carrier bags and flat bags;
"plastic flat bag" means bag, made of plastic film, without
handles, and with or without gussets, which has the
properties specified in Zambian Standard on plastic carrier
bags and flat bags;
"plastic film" means a contin uous, thin, non woven
membraneous skin or layer of flexible material made of
thermoplastic material;
"product" includes any packaged item or material that has
the potential to become waste;
"producer responsibility measures" means actions that extend
a person's financial or physical responsibility for a product
to the post consumer stage of the product;
"specified day" means for the purposes of these regulations
the day that falls one hundred eighty days from the date of
the coming into operation of these Regulations;
"trade" means the sale and purchase of or making available
for public use, at least 0.25 tonnes per annum, of a
packaging material or product to any person, including a
manufacturer, wholesaler or retailer of goods, for use within
the Republic.
PART II
PRINCIPLE OF EXTENDED PRODUCER RESPONSIBILITY
3. ( 1) The Agency may, other than for a packaging material or
product or class of products listed in the First Schedule, specify-
(a) a product or class of products;
(b) the producer responsibility measures that must be taken
in respect of a specified product or class of products;
and
(c) the category of persons required to take responsibility
measures.
(2) The Agency may, in terms of subsection (1 )-
( a) specify the requirements in respect of the implementation
and operation of a waste minimisation programme,
including the requirements in respect of the avoidance
of waste generation, recovery, re use and recycling;
653
Producer
responsibility
requirements
for certain
Packaging
materials
654 Statutory Instruments l 7th August, 2018
(b) determine the financial arrangements of a waste
minimisat ion prog ramme including financial
contributions to a fund that may be established to promote
the recovery, re-use or re-cycling of waste;
(c) establish institutional arrangements for the administration
of a waste minimisation programme;
(d) indicate the percentage of products required to be
recovered under a waste minimisation programme;
(e) specify labelling requirements;
(!)prohibit or restrict the sale of a product or class of products
in such circumstances as the Agency may specify and
publish in a daily paper of general circulation;
(g) require the producer of a specified product or class of
products to carry out a life-cycle assessment in relation
to the product, in such manner or in accordance with
such standards or procedures as the Agency specifies;
(h) specify the requirements that must be complied with in
respect of the design, composition or production of a
product or packaging, including a requirement that-
(i) cleaner production measures be implemented;
(ii) the composition, volume or weight of packaging
be restricted; and
(iii) packaging be designed, produced and used so as
to be capable of being recovered, recycled or
reused; and
(i) establish awareness programmes to inform the public
of-
(i) the impacts of waste emanating from the product
on human health and the environment; and
(ii) any other measures to reduce the potential impact
of the product on human health and the
environment.
(3) The manufacture, trade and commercial distribution of
domestically produced and imported plastic carrier and flat bags,
for use within the Republic, other than those having the properties
in the Zambian Standard on Plastic Carrier Bags and Flat Bags is
prohibited.
l 7thAugust, 2018 Statutory Instruments
PART III
REGISTRATION
4. (I) A person who intends to manufacture, retail, import,
trade or commercially distribute in Zambia a packaging material or
a product specified in the First Schedule shall apply to the Agency
for registration in Form I set out in the Fourth Schedule on payment
of the application fee set out in the Second Schedule.
(2) An application for a registration made under sub regulation
( 1) shall be submitted to the Agency at least one month prior to
the intended commencement of an activity in respect of which the
application is made.
(3) The Agency shall issue a permit in Form II set out in the
Fourth Schedule where the Agency is satisfied that the applicant
has complied with the requirements of the Act or any other
applicable law and has adequately provided all the necessary
information required by the Agency.
( 4) Where the Agency refuses to grant a registration pennit,
the Agency shall notify the applicant in Form III set out in the
Fourth Schedule.
( 5) A person manufacturing, importing, trading or commercially
distributing products listed in the First Schedule prior to the
commencement of these Regulations shall, within six months from
the specified day, apply for a registration pennit specified in regulation
3 (1) .
5. On or after the specified day a person shall not provide a
plastic carrier bag or flat bag to a customer in contravention of
these Regulations.
6. (1) A person to whom regulation(l) (b) applies shall display,
in a prominent position in the English language and any other local
language where applicable, in the person's premises, a notice that
includes the words set out in the Fifth Schedule.
(2) The requirement for a notice to be displayed in a prominent
place does not apply in relation to a notice in electronic form.
7. (1) Where an inspector has reasonable cause to believe
that a person has contrav ened any of the provisions of the
registration condition the inspector shall serve a compliance order
on that person.
655
Person must
provide
al tern ati ve
shopping
bag until
prescribed
day
Person not
to provide
plastic
carrier bag or
flat bag not
complying
with
·regulations
Display of
notice
Compliance
order
656
Plastic
identification
Offences
and
penalties
Provision of
alternative
bags
Statutory Instruments 1 7th August, 2018
(2) A compliance order served under sub regulation (1) shall­
( a) state the provisions or conditions of the registration which
have been contravened or are likely to be contravened;
(b) specify the steps that have to be taken to remedy the
contravention or avoid the contravention, as t�e case
may be; and
(c) specify the time limit within which the steps described
under paragraph (b) should be taken.
(3) A compliance order shall be inFormIV set out in the Fourth
Schedule.
8. (1) A person who intends to manufacture, import, trade or
commercially distribute recyclable plastic packaging materials in
Zambia shall, within twenty-four months from the commencement
of these Regulations, ensure that a Plastic Identification Code (PIC)
is available at the base or at the side of the plastic packaging and
container.
(2) The PIC shall appear inside a three chasing arrow recycling
symbol, the symbol shall indicate whether the plastic can be recycled
into new products.
(3) Sub-regulation (1) does not apply to plastic packaging films.
(4) A plastic Identificat ion Code (PIC) shall be in a Form set
out in the Third Schedule.
9. (1) A person who breaches a condition of a registration
permit after a compliance order has been issued under these
Regulations or contravenes any part of these Regulations-
(a) commits an offence and is liable on conviction to a fine
set out in section 125 of the Act; and
(b) shall have their registration permit suspended or cancelled.
10. (1) From the day on which these regulations come into
operation until the day immediately preceding the specified day, a
person who at any premises makes plastic carrier bags or flat bags
available to customers as a means of carrying goods purchased, or
to be purchased, from the person shall provide an alternative
shopping bag to a customer who requests that the person provide
the customer with such a bag.
(2) This regulation does not prevent a person from requiring a
customer to pay a fee for the provision of an alternative shopping
bag.
l 7thAugust, 2018 Statutory Instruments 657
No.
I
2
3
4
5
6
7
8
9
10
ll
12
13
14
Cartons
Non-ret11mablc glass bottles
Non-returnable plastic bottles
FIRST SCHEDULE
(Regulation 3)
Tvpe of Packaging Ma1erial or Product
Plastic Carrier and Flat Bags complying with Zambian Standard on Plastic Carrier Bags and Flat Bags
Beverage cans
Waste Oils
Waste lubricant containers
Used Lead Acid Batteries
Pesticides containers/packaging
Chemicals containers/packaging
Expired chemicals
Used tyres
Near end of life or end of life electrical and electronics
Electrical and electronic equipment
658
Item
No.
I.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Statutory Instruments
SECOND SCHEDULE
(Regulation 3)
Type of Packaging Material or Produc/
R£GISTlATI ON fEE
Manufacturing
Non-returnable glass bottles IOOO
Non-returnable plastic bottles IOOO
Cartons 1000
Plastic carrier and flat bags 10 00
Beverage cans IO00
Waste oils 2000
Waste lubricant container 1000
Used lead acid batteries 2000
Pesticides/chemical containers 1000
Expires chemicnfs 2000
Used tyres 2000
Near end of life or end of life electrical and 2000
electronics
Electrical and electronic equipment 2000
1 7th August, 201 8
Fee Units
Retailing Importing
10 00 12 00
1000 12 00
I 10 00 12 00
10 00 12 00
10 00 12 00
10 00 120 0
10 00 12 00
10 00 12 00
1000 12 00
10 00 12 00
1000 120 0
10 00 12 00
10 00 12 00
1 7th August, 20 18
Plnstic
lde11tijicntio11 Type ofplnstic polymer
Code
8 Polyethylene
'lerephthulate (PET,
PETE)
PET
61 High Density
Polyethylene (HDPE)
PE-H D
& Polywnyl Chloride
(PVC)
PVC
& Low Density
Polyethylene (LOPE)
PE -LD
& Polypropylene (PP)
pp
& Polystyrene (PS)
PS
& Other (often
polycarbonate)
0
Statutory Instruments 659
THIR D SCHEDULE
(Regulmion 8)
;:
Properties
. Clarity, strength, toughness,
barrier to gas and moisture.
Stiffness, strength, toughness,
resistance to moisture,
permeability to gas.
Versatility, clarity, ease of
blending, strength, toughness.
Ease of processing, strength,
toughness, 11exibility, ease of
sealing, barrier to moisture.
Strength, toughness, resistance
to heat, chemicals, grease and
oil, versatile, barrier to
moisture.
Versatilit y, clarity, easily
formed
Dependent on polymers or
combination or polymers
Common Packaging Materials
Soft drink, water and salad dressing
bonles; peanut butter and jam jars
Milk, juice and water bottles; trash and
reta i I bags.
Juice bottles; cling films; PVC piping.
Frozen food bags; squeezable bottles,
e.g. honey, mustard; cling films; flexible
container lids.
Reusable microwaveable ware;
kitchenw are; yogurt containers;
margarine tubs; microwaveable
disposable take-away containers;
disposable cups and plates.
Egg cartons; packing peanuts;
disposable cups, plates, trays and
cutlery; disposable take-away
containers.
Beverage bottles; baby miik bottles;
electronic casing.
660 Statutory Instruments 17th August, 20 18
FOURTH SCHEDULE
-··•·--11.Jll'>bkJ EnviQri.f'fl(tnbt
Mar'!egemen-1
Agancy
The Envir onmental Ma nagement Act
(No. 12 of2 01 1)
The Ext ended Producer Responsibility Regulations, 2018
Application to Register Pack aging Ma terials or Product
To: The Director-General
Zambia Environmental Man agement Agency
PO Box 35 131
LUSAKA
I. Name ofapplicant: ...... ...... ............... .............................. .
FORM I
(Regulation 3)
2. Address of applicant: ....... ..... ............ ... ........... ....... .... ........... ... ..... ... ................... ..
Physical: ... .......... ........ .. .... ..... ........ ... ........... ............. . ·-· .......... ......... .... ..
Postal: ... ...... ............ ........ ........ ................. ......... ............... ......... ..... .
Telephone no: .... .. ... ... ... ...... ............... ...... ......... .... ................ ......... .... ... . .
Fax no: ............... ............ .................. ................ ........... .................. ..... .
Telex: ....
E-mail: ... ...... .... ... ... ............ ................ ............... ..... ............ .
3. Line of Busin ess ... ................ .......... ..... .. ........ ....... ................. ..... .
4. Detail s of the packaging materials or product hand led:
Tvpe qf Unit ·weight Quantities q( Source of Colour q( PIC Number
packaging (grams) packaging materials packaging material packaging {applicable LO
materials per annum (Tonnes) (lmpon/local) materials plastic
oo/vmers)
5. Nu mbe r of year's firm has been hand lin g the said packag ing ma teri al No .
........... ................ ... .... years . .
6. Cost (in Zambian Kwacha) of manufactu re, importation, or purchasing the packaging material
per ton .......... ..................... ....... ...... .... ....... ..... .... ................ .
17thAugust, 2018 Satutory Instruments 661
7. Company's future extended prduct responsibility strategy .............. .. .... ... ...... .. . ....... .
·· ···· ······ ················ ··········· ·· ..... ............. , ...... ············· ··· ················ •·· ··· · ·· ·· ··· ··· ··· ······ ····· ·· ·····
8. Any other company inf onnati m.
9. I hereby :ertify that the move particulars are to the best of my knowl edge, true and correct.
Chief Execut,ve Officer
FOR OFFICIAL USE ONLY:
Received by
Title:
Date:
Signature:
ATTACHMEN TS:
Signature
I. Samples of each packaging materials applied for.
Official Date Stamp
662 Statutory lmtruments 1 7th August, 20 18
The Envir onmental Ma naiement Act
(No. i2 of 201 1)
The Extended Producer ResponsibiiitJ Reguiations, 20i8
Packaging Ma terial or Product Reghtration Licence
ZEM A Pe1111it No: ......... ....................... ...................... .
Name: .......... ........... .......... ..... ................. .............. ......... ... .
FoRM II
(Regulation 3)
Contact Address: ............. ..................... .. .............. .. ........ .... .. ........ ... ...... ........... .. ........ .............. .
You are hereby registered to manuf actu re/retail/im port/trade or commer cial ly di stribute the
foll owing packaging materials or product and their respective quantities:
Type of Unit 1veight Quantities of Source of Colour of PIC Number
packaging (grams) packaging materials packagir� material packaging (applicable t0
mmeria/s per annum {Tonnes) (lmpon!Local) materials plastic
oolymers)
This licence is granted subject to the foll owing cond itions: .. ...... ............ ........ ........... .
Dnte Di rector-Genera I
l 7th August, 201 8 Statutory Instruments 663
( I ) He re ins ert
the full
names and
address of
appli cant
(2) Here in sert
the
reference
No. of the
application
( 3 ) Here in sert
the type of
application
. e _-Zombie En .ircf\mentol Mor.ogemt-nt Agency
The Env ironmental Ma nagement Act
(N o. 12 of 20 1 1)
FoRM Ill
(Regulation 4 (4)
The Ext ended Producer Responsibility Regulations, 2018
NOTI CE OF REJE CTI ON OF APPL I CATION
TO: ( 1 ) ........ . ···················· ··· ··• ······•···· ········· ········· ········ ······••··
, .. .. ... , . .. .. ... ... ···· ····· ····· · ····· ··· ··· ··· ····· •··· · ·· ·· ·· ·· •········ ·· ·· · ··· ···· · · ·· ····· ··· "
REFE RENCE NO. t2) ...... .......... .... .... ............ ................... · · · · ... · · · ·
You are notified that your application for (3) registration/renewal ofrcgistration
as an agricul tural professional has been rejected on the following grounds:
(a) . . ... . .... . . . .. ... .
(b) ............ ..
(c) ·····•·· ···· •· .......................... ................... ....... ................ .......... .
(d) · ····· .. ····· ·········· ····· ... · .. ........ ... .. ...... ........ .. ...... ... ........ ........ .
Dated this ............... day of ..... ....... ......... .. .. , 20 .. .... .... .
Director- General
664
( 1) Here in ser1
the full names
and address of
ap·pl icant
(2) Here in seri
the reference
No. of the
application
Statutory Instruments
lomt ,-=-:fnvr,, .. �,.,..o� t,;,--;;.-iog �...,,
Ag1,nc.,
The Envir onmental Ma nagtment Act
(No. 12 of20 l l)
17 th August, 2018
FORM IV
(Regulation 7 (3 )
The Extended Producer Responsibility Regulations, 2018
COM PLIANCE ORDER
T0: ( 1 ) . . . . . .. . .. . .
IN THE MATTER OF (2) ...... ............... ............ ... ... .................. ........ .
You are notified that you arc in breach or likely to be in breach of the foll owing:
(a) .... ............. .. ........... ..... ...................... .
(b) ............................ ............. .............. .. .
(c) ............. ......... . ... ·········
(d) .............. .
(3) Here in sen
the type or Accord ingly , you are requested to remedy the breaches set out in paragraphs
appli cation ................... .. .. (above) in accordance wit h the steps attached to th is order
( 4) Sig nat ure
of Dir ector­
General
within (3) ... ....... ...... Days ofreceiving this Order. Fa ilure to remedy the said
breaches shall result in the
*suspension/can cel latio n of your registration penn it.
Dated this .. ............. clay of ....... ... ............ .. ... , 20 .. .
(4) . . . . .. . . . .. . .
Director-Genera/
OFFI CIAL
STAMP
1 7th August, 20 18 Statutory Instruments
FIFTH SCH EDULE
(Regulation 6)
665
The Zambian Government is banning the man ufacture, trade and commercial distribution of
domestically produced and impo rted pla stic carrier and flat bags, for use within the Republ ic of
Zambia, other than those having the propert ies in the Zambian Standard on Plastic CaJTier Bags
within 80 days from the coming in to operation of the Environmental Ma nagement (Ext ended)
Producer Respon sibi lit y Regula tions, 20 18 . Jn the lead up to the ban, this retail outlet will
supply or sell alternative shopping bags on request .
LUSAKA
3rd August, 20 18
[MWDSEP.20 /1/1)
DR D. M. WACH!NGA,
Minister of Water Development , Sanita tion
and Environment al Protection
666 Statutory Instruments 1 7th August, 2018