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2012-11-22 11:29

COURT CASE RAGES ON: Redisa claims the continued court action surrounding the implementation of its national tyre recycling plan is creating uncertainty among tyre producers, distributors and retailers.

The implementation of the controversial Redisa tyre recycling plan has been suspended pending the outcome of a review application tabled by the Retail Motor Industry organisation.

On November 20 2012 the court, in the case between the RMI and the Recycling and Economic Development Initiative of South Africa (Redisa), found in favour of Redisa in all points except one, the recycling agent said.

CASE CREATES 'UNCERTAINTY'


The court found the inclusion of waste reduction targets in Redisa’s plan constituted "a material change" that would need to re-Gazetted for comment. It was the Department of Environmental Affairs’ opinion at the time that this was not the case, but the judge suggested, as a remedy, that the plan be re-gazetted with the offending clause removed.

Redisa said the suspension of the plan could not be considered interim relief as “it would almost certainly lead to the failure of the plan". The recycling agency considered this, “and other factors”, grounds for appeal.

Redisa also stated, as a result of the court action, that there was uncertainty among tyre producers, distributors and retailers regarding the waste tyre management levy payable for the periods before and after November 20 2012.

According to Redisa, October 2012 levies are payable on January 29, 2013. These fees will be refunded should the plan the set aside on review, the agency said.

It added that the plan, though suspended, existed and liability continues to accrue. Should the plan not be set aside, the fees for the intervening period will become payable, Redisa said.

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