ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT
(SOUTH AFRICA)
JULY 2019
Dear Clients,
Below please find a summary of selected relevant environmental, health and safety and foodstuffs legal developments that took place during July 2019.
NATIONAL LEGISLATION
1) National Ports Act – Amendment Bill
An amendment bill was published for public comment. It only aims to introduce minor changes to the Act, namely to:
• substitute and insert certain definitions
• amend the provisions dealing with the establishment of the Regulator
• amend the provisions dealing with the funding of the Regulator.
2) National Water Act
• Continued application of the General Authorisation published in terms of section 39 of the National Water Act
The General Authorisation relating to subsections 21(e) – (h) as set out in GN 665 of 6 September 2013 will continue to apply until the new General Authorisation for waste related activities is published.
General Authorisations in terms of the National Water Act are exemptions from having to obtain a water use licence for activities identified in section 21 of the Act.
Subsections 21(e) – (h) deal with the following water uses:
(e) engaging in a controlled activity identified as such in section 37(1) or declared under section 38(1);
(f) discharging waste or water containing waste into a water resource through a pipe, canal, sewer, sea outfall or other conduit;
(g) disposing of waste in a manner which may detrimentally impact on a water resource;
(h) disposing in any manner of water which contains waste from, or which has been heated in, any industrial or power generation process.
• Reserve Determination of Water Resources for the Inkomati Catchment
This was published by the Department.
3) National Environmental Management Act
• Requirement to submit a Report generated by the National Web Based Environmental Screening Tool
The Environmental Screening Tool is a geographically based web-enabled application which allows a proponent intending to submit an application for environmental authorisation in terms of the Environmental Impact Assessment Regulations to pre-screen their proposed site for any environmental sensitivity. The screening tool also provides site specific EIA process and review information. For example, the screening tool may identify if an industrial development zone, minimum information requirement, Environmental Management Framework or bio-regional plan applies to a specific area.
Currently this is still a voluntary tool, but in terms of GN 960 and 961 of 5 July 2019 it will be compulsory to submit a report generated by the screening tool as of 5 October 2019. As per GN 961 it also includes mentioning the national sector classification of the proposed project.
4) National Ports Act
Proposed amendments to the National Ports Regulations, 2007, were published for comment.
5) National Health Insurance Bill
The Explanatory Summary to the Bill was published for information.
PROVINCIAL LEGISLATION
6) Eastern Cape
• Environmental Management Bill
This Bill was published for public comment. It proposes to regulate the following matters:
• Protected areas
• Biodiversity
• Biosphere reserves
• Certificates of adequate enclosure (for wildlife)
• Wild animals (including hunting and fishing, management of damage-causing animals and flora)
• Environmental management inspectors
• General matters (like camping sites, picnic areas and hiking trails).
Should it enter into force it will repeal the various old Ordinances promulgated by the former Cape Province, as well as relevant Ciskei legislation (eg. the Ciskei Nature Conservation Act). The Mountain Catchment Areas Act, in so far as it applies to the province, would also be repealed.
No other relevant provincial legislation was published during this month.
MUNICIPAL LEGISLATION
7) eThekwini Municipality
The Outdoor Advertising By-law was published.
8) Nyandeni Local Municipality
The following relevant by-laws were published:
• By-laws relating to Nuisances
• By-laws relating to the Removal of Refuse
• Undeveloped Sites By-laws
• Waste Management By-laws
9) City of Johannesburg
The By-laws relating to Dogs and Cats was amended.
10) Bergrivier Local Municipality
The By-law relating to the Management and Use of the Berg River Estuary was promulgated.
11) Umvoti Local Municipality
Various new by-laws were adopted, the relevant ones being:
• Electricity Supply By-laws
• Waste Management By-laws.
12) Matatiele Local Municipality
A new Waste Management By-law was promulgated, this repeals the 2005 by-law.
13) Jozini Local Municipality
The Building Regulations and Building By-law was promulgated.
14) Modimolle-Mookgophong Local Municipality
The Spatial Planning and Land Use Management By-laws published in May 2019 were repealed and replaced by the new by-laws with the same title in July 2019.
15) Moses Kotane Local Municipality
Solid Waste By-laws were promulgated.
16) Overberg District Municipality
A new Municipal Health By-law was published, this repeal the 2015 by-law.
17) Mangaung Metropolitan Municipality
Various new by-laws were promulgated, the relevant ones for purposes of this update report being the following:
• Disaster Risk Management By-law
• Events By-law
• Noise Control By-law
• Public Nuisance By-law
• Public Streets By-law
• Environmental Health Services By-law
• Outdoor Advertising By-law
• Electricity Supply By-law
• Traffic Regulations By-law
• Building Regulations By-law
• Water Services By-law
The above repealed earlier by-laws dealing with these topics.
18) Setsoto Local Municipality
The following draft by-laws were published for comment:
• Draft Standard Business Regulations By-law
• Draft Public Passenger and Goods Transportation By-law
If you have any questions please feel free to contact us.
Kind regards
MARK DITTKE