Environment minister Barbara Creecy has gazetted draft amendments to the National Environmental Management Act in a move to phase out certain types of plastic bags.

Among the most important amendments is the ban on the manufacture, trade, and distribution of domestically produced and imported plastic carrier bags and plastic flat bags that do not conform to specifications for use in South Africa.

The Department of Environment, Forestry, and Fisheries said that amendments focus on “post-consumer recyclate” material generated by households and other end users.

In terms of the directive, which was published on 7 August, plastic carrier bags and plastic flat bags must be made from a minimum of 50% “post-consumer recyclate” from 1 January 2023.

In this instance, ‘post-consumer recyclate’ is defined as material generated by households or by commercial, industrial and institutional facilities in their role as end-users of the product which can no longer be used for its intended purpose

The proposed amendments outlines the following ‘phase-out’ schedule:

• The plastic carrier bags and plastic flat bags must be made from a minimum of 50% post-consumer recyclate by 1 January 2023;
• The plastic carrier bags and plastic flat bags must be made from a minimum of 75% post-consumer recyclate by 1 January 2025;
• The plastic camer bags and plastic flat bags must be made from a minimum of 100% post-consumer recyclate by 1 January 2027.

“Plastic waste has not only become a challenge in diverting it from going to landfill sites but has grown to be one of the most problematic waste streams that continues to harm the environment,” said Minister, Barbara Creecy.

Creecy said the amendments ensued from the review of all policies affecting plastic bags in the country and whether the intended objectives of addressing the plastic bag litter problem and the promotion of the re-use and recycling of plastic carrier bags have been achieved.

The directive states that anyone found to be contravening these new changes shall be guilty of an offence and liable on conviction to a fine not exceeding R5 million or to imprisonment for a period not exceeding 5 years.

In the case of a second or subsequent conviction to a fine not exceeding R10 million or to imprisonment for a period not exceeding 10 years, and in both instances to both such fine and such imprisonment.

Members of the public wanting to comment on the amendments, which were published in the Government Gazette in August, have until 7 September to do so.