ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT

(SOUTH AFRICA)

AUGUST 2019

Dear Clients,

Below please find a summary of selected relevant environmental, health and safety and foodstuffs legal developments that took place during August 2019.

NATIONAL LEGISLATION

1) National Water Act

• Pongola-Mzimkhulu Water Management Area
A notice limiting the use of water in terms of Item 6 of the Schedule of the Act for irrigation, industrial and domestic purposes from the Umhlathuze (Goedetrouw) water supply in KwaZulu-Natal was published.

2) Biodiversity Act

• Notice of Intention to publish Non-detriment Findings for White Rhinoceros made by the Scientific Authority
This draft notice of findings was published for comment.

• Notice of Intention to publish Non-detriment Findings for Black Rhinoceros made by the Scientific Authority
This draft notice of findings was published for comment.

• Notice of Intention to publish Non-detriment Findings for Aloe Ferox made by the Scientific Authority
This draft notice of findings was published for comment.

3) Administrative Adjudication of Road Traffic Offences Act
The Act was amended to introduce the demerit system for various road traffic offences. Different demerit points will be earned depending on the nature of the offence. These may ultimately lead to the suspension of a driver’s licence.

4) Marine Spatial Planning Act

• Draft Approach to Spatial Management System Report for South Africa’s Marine Planning Areas
This draft document was published for comment.

5) Integrated Coastal Management Act

• Draft General Discharge Authorisation
The Draft General Discharge Authorisation (GDA) (for discharge of effluent into coastal waters) was published for comment on 23 August 2019. Comments may be made for thirty days.

By virtue of section 69(1) of the Integrated Coastal Management Act discharge of effluent to coastal waters may only take place in terms of a coastal waters discharge permit or a GDA. Until now there has been no GDA, hence this draft notice.

Please note: this does not apply to a company where their effluent is discharged to a municipal sewage treatment plant (and thereafter the marine environment). The draft notice is aimed at companies, entities or municipalities directly discharging into the marine environment.

The GDA would therefore be applicable where no coastal waters discharge permit is required. In circumstances where the discharge is NOT authorised in terms of the GDA a permit is therefore required.

In terms of the draft notice a GDA is granted to any person discharging effluent into coastal waters from a land-based source where the effluent meets ALL of the following requirements:

• The effluent will be neutrally-buoyant or positively-buoyant with respect to
the coastal waters into which the effluent is being discharged.
• In Table 1 —
 for offshore discharges, the effluent’s constituents do not exceed
the General Limits specified in that table; and
 in respect of discharges into coastal waters other than the offshore
environment, the effluent does not exceed the Special Limits
specified in that table.

• Where the volume of effluent being discharged exceeds—
 10000 m3 per day in the case of an offshore discharge; or
 2000 m3 per day in the case of discharges into coastal waters other
than the offshore environment,
in addition to the bullet above (Table 1 requirements), the General Limits for an offshore discharge, and the Special Limits for a discharge other than an offshore discharge,
specified in Table 2, apply.
• Where the influent water’s constituents exceed the General Limits and the
Special Limits of Table 1, and where applicable, Table 2, the difference
between the constituent quantities of the influent water, and that of the
effluent, must not exceed the General Limits and the Special Limits in
Table 1, and where applicable, Table 2.
• In addition to the requirements in bullets 1 and 4, a discharge of effluent into
coastal waters will only be lawful under this GDA if the provisions of sections 3, 4 and 5 are complied with.

Obligation to notify in writing
• No person may discharge effluent in terms of this GDA unless that person has notified the Department of Environment, Forestry and Fisheries in writing of the intended discharge.

Discharges not authorised in terms of this General Discharge Authorisation
The following effluent discharges are not authorised in terms of the GDA:
• the bays set out in Annexure 2;
• estuaries, except for those inside a port as set out in
Annexure 3;
• marine protected areas declared in terms of the Protected Areas Act; and
• special management areas declared in terms of section 23 of the Act.

Monitoring requirements
• All analysis of effluent samples must be screened for the constituents
listed in Table 1 and where applicable, Table 2.
• In respect of a once-off discharge, the report must be submitted within 15 calendar days after the discharge.
• For discharges other than a once-off discharge, the effluent quality must be monitored and analysed on a quarterly basis for the first year only. Reports must be sent to the Department every quarter. After the first year sampling must be done prior to discharge and once every six months. These analysis reports must be sent to the Department bi-annually.
• In addition, the person in charge of a discharge must submit a report
setting out the quantity of effluent discharged into coastal waters together
with each effluent analysis report submitted in accordance with the
requirements set out above.

Annexure 1, Table 1: this sets out General and Special effluent limits for organic and inorganic constituents in effluent.

Annexure 1, Table 2: this sets out General and Special effluent limits for physico-chemical properties of the effluent.

Annexure 2: this sets out a list of bays where this GDA is not
applicable.

Annexure 3: this sets out a list of ports to which this General Discharge Authorisation is applicable (various ports have exclusions).

6) Agricultural Product Standards Act

• Proposed new Regulations relating to (a) Coffee, Chicory and related Products, and (b) Tea and related Products intended for Sale in SA
These were published for public comment.

7) Air Quality Act

• Consultation on the Intention to Repeal the Regulations regarding Fuel Burning Appliances in Dwelling House
These Regulations were passed in terms of the since repealed Atmospheric Pollution Prevention Act. It is now intended to repeal them.

• Consultation on the Intention to Repeal the Smoke Control Regulations and the Smoke Control Zone Orders
These Regulations and Orders were passed in terms of the since repealed Atmospheric Pollution Prevention Act. It is now intended to repeal them. They were adopted by some municipalities back then, but many already repealed them (directly or indirectly) through more recent air pollution by-laws.

• Consultation on the Intention to Repeal the Regulations relating to the Inspection of Premises in a Dust Control Area
These Regulations and Orders were passed in terms of the since repealed Atmospheric Pollution Prevention Act. It is now intended to repeal them. They are in any event largely superfluous due to more recent national legislation under the Air Quality Act and its National Dust Control Regulations.

8) National Environmental Management Act

• Requirement to submit a Report generated by the National Web Based Environmental Screening Tool
Two notices (GN 960 and 961) dealing with this were published on 6 July 2019. This was already mentioned in our July 2019 update report.

GN 961 was now repealed as it is a duplication of GN 960.

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 as of 5 October 2019 it will be compulsory to submit a report generated by the screening tool.

PROVINCIAL LEGISLATION

No relevant provincial legislation was published during this month.

MUNICIPAL LEGISLATION

9) Overstrand Local Municipality
The By-law relating to Trees was published.

10) Walter Sisulu Local Municipality
The following new relevant by-laws were published:

• Air Pollution Control By-law
• Abattoirs By-law
• Outdoor Signs (Advertising and Others) By-law
• Prevention of Public Nuisances and Keeping of Animals By-law
• Refuse Removal, Refuse Dumps and Solid Waste Disposal By-law

11) Chief Albert Luthuli Local Municipality
The Prevention and Suppression of Nuisance By-law was published.

12) Harry Gwala District Municipality
The Water and Sanitation Services By-law was published.

13) Edumbe Local Municipality
The Electricity Supply By-law was published.

14) Bergriver Local Municipality
The By-law relating to the Management and Use of the Berg River Estuary was published.

15) Vhembe District Municipality
The draft Bioregional Plan was published for public comment.

If you have any questions please feel free to contact us.

Kind regards

MARK DITTKE