ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT
Below please find a summary of selected relevant environmental, health and safety and foodstuffs legal developments that took place during October 2019.
1) Biodiversity Act
• Draft Biodiversity Management for the African Penguin
This draft management plan was published for comment.
• Draft Norms and Standards relating to the Management of Seabirds in Captivity
These draft norms and standards were published for comment.
2) National Forests Act
• Notice of Declaration of Particular Trees and Groups of Trees as “Champion” Trees
This Notice identifies trees in specified areas and protects them.
3) National Water Act
• Determination of Water Resource Classes and Resource Quality Objectives for Mokolo, Matlabas, Crocodile (West) and Marico Catchments
This lengthy document covers the above areas. It is quite technical and deals with various biological and ecological quality requirements.
4) Electricity Regulation Act
• Integrated Resource Plan (IRP2019)
This plan was published by the Department of Energy.
5) Agricultural Product Standards Act
• DRAFT Regulations relating to the Classification, Packing and Marking of Fruit and Vegetable Juices, Nectars, Drinks and Related Products intended for Sale in the RSA
These draft amendments aim to amend the 1980 Regulations and were published for comment. The commenting period closes on 18 November 2019.
6) Draft Marine Oil Pollution (Preparedness, Response and Cooperation) Bill
This extensive draft Bill was published for comment. Comments may be submitted until 30 November 2019 to the Department of Transport.
The Bill applies to all spills, or possible spills of oil, from any or all sources that may pollute or threaten to pollute South African waters, coastal aquatic resources, coastline or related interests.
The provisions of the Marine Pollution (Control and Civil Liability) Act, 6 of 1981, would also apply with the necessary changes required by the context, subject to additional requirements.
The duty to report incidents applies to the owner or operator of an oil facility or the owner of any place on land where a spill occurs and enters South Africa waters.
No relevant provincial legislation was published during this month.
7) Greater Kokstad Local Municipality
Various new by-laws were promulgated. For purposes of this report the following are relevant:
• Electricity Supply By-law
• Keeping of Animals By-law
• Fire Prevention By-law
• By-law relating to the Control of Public Nuisances
• Property Encroachment By-law
• Outdoor Advertising and Signage By-law
• Refuse Removal and Disposal By-law
8) Stellenbosch Local Municipality
The Zoning Scheme By-law was promulgated.
9) Swartland Local Municipality
The By-law relating to Water Supply, Sanitation Services and Industrial Effluent was amended.
10) Umgungundlovu District Municipality
The Air Quality Management By-law was promulgated. It is not yet in force and will only do so on a date or dates to be determined by the Council through publication(s) in the Provincial Gazette.
11) Cape Agulhas Local Municipality
A notice of intention to adopt the Integrated Zoning Scheme By-law was published for comment.
12) Kagisano Molopo Local Municipality
The Spatial Planning and Land Use Management By-law was promulgated.
13) eThekwini Metropolitan Municipality
The Coastal Management By-law was originally published on 25 April 2019 with effective date six months from date of publication. As such it has now entered into force.
According to the by-law’s preamble the aims are to provide measures for:
• managing and protecting the coastal zone
• aligning development within the coastal zone with the objects of the Integrated Coastal Management Act
• protecting the natural environment of the coastal zone
• managing public access to the coastal zone
• establishing the Municipal Coastal Committee
• giving effect to the Municipal Coastal Management Programme.
If you have any questions please feel free to contact us.