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ASBESTOS REGULATIONS Launch Presentation 27 March 2008

2. INTRODUCTION - ASBESTOS. Asbestos is a commercial term applied to six types of fibrous minerals (crocidolite, amosite, chrysotile, anthophyllite, tremolite

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ASBESTOS REGULATIONS Launch Presentation 27 March 2008

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    1. 1 ASBESTOS REGULATIONS Launch Presentation 27 March 2008

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    3. 3 LONG TERM EFFECTS OF ASBESTOS MINING

    4. 4 Communities in areas where asbestos mining was practiced are exposed to air borne asbestos fibres Abandoned mining structures & un-rehabilitated tailings dams contribute to air born fibres There are ownerless asbestos mines in the country – state to provide funds for rehabilitation Asbestos spillage contaminates roads Asbestos materials used for building contaminates homes

    5. 5 LEAD UP TO ASBESTOS REGULATIONS National Asbestos Summit held in 1998 Jan 2003 Socio-economic impact study: The key impacts include: The availability of alternative fibres and/or substitute products - Would be technically feasible to replace the majority of product applications Additional economic costs to industry sectors for replacement of asbestos with the alternative fibres and/or substitute products – R60m (R31 million to sunken costs and R29m to new capital expenditure Job losses – approx 370 people including people employed by the South African manufacturers, as well as South African citizens employed in the marketing and distribution of Zimbabwean exports to South Africa. No significant knock-on effects to other industry sectors DEAT mandated to draft regulations, 1st draft gazetted in November 2005 for public comment. Comments received, significant changes, 2nd publication in Sept 2007.

    6. 6 AIM OF REGULATIONS Protect SA Citizens from exposure to potentially dangerous health risks associated with the mining, use & distribution of asbestos & asbestos- containing material Prohibition of all activities associated with the acquisition, processing, packaging, repackaging, importing or exporting of asbestos or asbestos containing material or asbestos waste Exceptions will only be granted in very specific circumstances and where this is the case conditions under which the exception is allowed is strictly controlled Regulations set out the legal framework to cater for the exceptions – the exceptions have been identified in the regulations and are as follows:

    7. 7 EXCEPTIONS Importing asbestos for research purposes – but not for the development of a new use for asbestos Trade in an “Identified product” - were alternatives have not been identified that will meet specific technical requirements – very specific applications which have been identified in the definition Where the asbestos is in transit through the country without repackaging Accepting asbestos waste from a State, which is a member of the Southern African Development Community, for safe disposal at a disposal site for which a permit has been issued in terms of section 20 of the Environment Conservation Act, 1989

    8. 8 REGISTRATION Provision is made for the registration of any person who is applying to be an exempted from the regulations within 120 days from promulgation A registration form is provided - there are different forms for the various categories of exceptions A registration number will be issued which must be displayed on all trading documentation Changes in information must be communicated to the Minister 14 days after the change has occurred

    9. 9 ASBESTOS PHASE OUT PLAN Any person who is undertaking an activity which falls under the exceptions listed must submit an asbestos phase out plan within one year of the commencement of the regulations for approval by the Minister The Asbestos Phase-out Plan must at least contain information on: proposed alternatives to the use of asbestos or asbestos containing materials in the manufacture of the identified product; 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 the time periods within which the manufacturer intends replacing the use of asbestos with alternatives to asbestos or asbestos containing materials.

    10. 10 ASBESTOS PHASE OUT PLAN The Minister may: request the applicant to provide a review of the Asbestos Phase-out Plan by an independent expert within a time period indicated on written application by a person who is required to submit an Asbestos Phase-out Plan, grant an extension accept the Phase out plan and may set conditions for the implementation or reject the plan with reasons

    11. 11 AUDITS & OFFENCES Annual audits must be submitted for all exceptions The audit must be conducted by an external auditor commissioned at own expense to audit at least the following: The correctness of the information supplied on the registration form; progress made in terms of the Asbestos Phase-out Plan provided in terms of these regulations; amount of asbestos transported through the country; and how much asbestos or asbestos containing materials were used in research project and the outcome of the research The regulations provide for sanctions for transgressions

    12. 12 EFFECTIVE DATE The Regulations will be promulgated on 28th March 2008 and will take effect immediately.

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