Environment Conservation Act, 1989 (Act No. 73 of 1989)RegulationsRegulations for the Prohibition of the Use, Manufacturing, Import and Export of Asbestos and Asbestos Containing Materials, 20075. Asbestos Phase-Out Plan |
| 1) | A person contemplated in regulation 2 (5) must submit an Asbestos Phase-out Plan to the Minister for approval within one year of the commencement of these Regulations: Provided that a group of people importing, manufacturing or distributing the same or substantially similar identified products may submit a joint Asbestos Phase-out Plan for the purposes of complying with these Regulations. |
| 2) | An Asbestos Phase-out Plan must at least contain information on- |
| a) | proposed alternatives to the use of asbestos or asbestos containing materials in the manufacture of the identified product; |
| b) | where such alternatives do not exist, reasons why such alternatives do not exist and the steps that will be taken to develop such alternatives; and |
| c) | the time periods within which the manufacturer intends replacing the use of asbestos with alternatives to asbestos or asbestos containing materials. |
| 3) | The Minister may require a person who has submitted an Asbestos Phase-out Plan to provide additional information and to submit a revised Asbestos Phase-out Plan within a time period indicated by the Minister or to furnish the Minister with a written review of the Asbestos Phase-out Plan by an independent expert within a time period indicated by the Minister. |
| 4) | The Minister may, on written application by a person who is required to submit an Asbestos Phase-out Plan, grant an extension in respect of the period within which the plan must be submitted, on good cause shown, with or without conditions attached to such an extension. |
| 5) | After considering any Asbestos Phase-out Plan that has been submitted in terms of these regulations, the Minister may accept such a plan and may set conditions for the implementation of such a plan or reject such a plan with reasons provided: Provided that where the date for the submission of an Asbestos Phase-out Plan, revised Asbestos Phase-out Plan or an independent review of the Asbestos Phase-out Plan has passed and such a plan has not been submitted, the Minister may exercise this power on the basis of other information at his disposal. |