Draft Asbestos Regulations propose outlawing asbestos use
The Minister of Environmental Affairs and Tourism has proposed regulations in terms of section 24B of the Environment Conservation Act 73 of 1989 which will strictly regulate all asbestos import, manufacture and use.
The regulations propose that those mining, processing and manufacturing asbestos will have 120 days from commencement of the regulations to cease these activities. They do however propose that category A, B and C identified products will still be imported, used and manufactured but a Phase-out Plan must be submitted to the Minister for these products and a date will in due course be determined in the Gazette by which such import, use and manufacture will be unlawful.
These identified products are as follows:
- Category A: Products used for roofing, internal partitioning, water or sewage pipes which contain asbestos in a concentration of one percent or more per weight or area;
- Category B: Friction materials including brake disk pads, brake linings and clutch plates which contain asbestos in a concentration of one percent or more per weight or area;
- Category C: heat and arc resistant electrical insulation boards, acetylene gas cylinders, gaskets, seals and insulation material which contain asbestos in a concentration one percent or more per weight or area;
The Phase-out Plan must contain the following:
- Alternatives to the use of asbestos containing materials in the product;
- Where there are no such alternatives the steps that will be taken to develop alternatives;
- The time periods within which the manufacturer intends replacing asbestos material or developing alternatives.
As such for Category A, B and C identified products there is no definite deadline proposed by which the use of asbestos in these products must cease.
Please contact Claire Tucker head of the environment, mining, energy and natural resources practice area at Bowman Gilfillan for a copy of the draft regulations or if you would like advice on the effect of the draft regulations on your operations.
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The Environment, Mining, Energy and Natural Resources practice area at Bowman Gilfillan.
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Contact Claire Tucker for more information
Tel: + 27 (11) 669-9402
Fax: + 27 (11) 669-9001
e-mail: c.tucker@bowman.co.za
or visit www.bowman.co.za |
