Regulations for the Management of Mercury (GN 6073 of 2025) Now in Effect

The Department of Forestry, Fisheries and the Environment (DFFE) has enacted the Regulations for the Management of Mercury via Government Notice 6073 of 2025. Effective from 31 March 2025, these regulations establish comprehensive controls on mercury usage in South Africa, including a ban on mercury-added products (MAPs), restrictions on mercury in manufacturing processes, and mandatory reporting and registration requirements.

Scope and Applicability

The regulations apply to all entities engaged in:

• Distribution, sale, import, or export of mercury
• Manufacturing processes using mercury or its compounds
• Production and use of mercury-added products (MAPs)

Exemptions:

The following uses are exempt from these regulations:

• Products essential for civil protection and military use
• Research and development purposes
• Vaccines containing thiomersal as a preservative

Note: These rules do not apply to mercury emissions or mercury waste.

Phase-Out Dates for Mercury-Added Products

All manufacturing, sale, import, and export of specified MAPs is banned from the dates below. Entities must submit a mercury phase-out plan within one year of the effective date for Ministerial approval.

Phasing Down of Dental Amalgam

• Use restricted to pre-dosed, encapsulated form, not exceeding 0.58 ml
• From 1 April 2026, dental facilities must use amalgam separators with at least 95% amalgam retention
• Facilities must capture amalgam waste from used water and disposal systems

Import and Export Restrictions

• Import/export of mercury, mercury compounds, or MAPs is prohibited, with limited exemptions for:

o Dental use
o Research and analytical purposes
o Temporary storage

These activities require mandatory notification to the DFFE.

Restrictions on Manufacturing Processes

• Use of mercury in listed manufacturing processes is prohibited after phase-out dates
• New uses require Ministerial approval
• Mercury must not be released to land or water under any circumstances

Storage Regulations

• Storage must comply with hazardous chemicals laws of South Africa
• Quantity and intended use must be declared to the Minister within 2 months of storage

Registration and Annual Reporting

• All affected persons or entities must register within 90 days of regulation commencement
• Annual reports must be submitted by 31 March each year

Penalties for Non-Compliance

• First offence: Up to R5 million fine, 5 years imprisonment, or both
• Subsequent offences: Up to R10 million fine, 10 years imprisonment, or both

Aligning with Global Mercury Controls

These regulations bring South Africa into full alignment with the Minamata Convention on Mercury, supporting the elimination of mercury-added products and minimizing mercury-related environmental and health risks through a robust national framework.

Reference: Regulations for the Management of Mercury – GN 6073 of 2025 (lawlibrary.org.za)