ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT

(SOUTH AFRICA)

SEPTEMBER 2019

Dear Clients,

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

NATIONAL LEGISLATION

1) Waste Act

• Draft National Norms and Standards for Organic Waste Composting
Draft norms and standards were published for public comment. The commenting period closes on 3 November 2019. Should the norms and standards enter into law they will remove the possible need to have a waste management licence under the Waste Act.

2) Standards Act

• SANS 1732 Ed 1 : Draft Greywater Reuse Systems – General Requirements
This draft was published for public comment and sets out the minimum requirements for the reuse of greywater.

3) National Environmental Management Act

• Regulations to Phase-out the Use of Persistent Organic Pollutants
These new Regulations prescribe the requirements for the phase-out of the use, production, distribution, import or export of the following listed substances after the dates stated in the brackets:

– Hexabromobiphenyl (31 December 2020)
– Pentachlorobenzene (31 December 2020)
– Perfluorooctane Sulfonic Acids; its salts (PFOS) and Perfluorooctane Sulfonyl Fluoride (31 December 2021)
– Hexabromodiphenyl Ether and heptabromodiphenyl Ether (31 December 2020), and
– Tetrabromodiphenyl Ether and pentabromodiphenyl Ether (31 December 2020).

A user, producer, distributor, seller, importer or exporter of a listed substance must notify the Director-General of the Department within 30 days after the promulgation of these Regulations. Producers, importers or exporters of listed substances must develop a phase-out plan which has to be submitted to the Director-General for approval.

4) Air Quality Act

• National Greenhouse Gas Emission Reporting Regulations – proposed amendment
Proposed amendments were published for public comment.

It is proposed to amend several definitions in the Regulations. In addition, suggested changes were published in terms of how information must be reported and verified. It is further proposed to substitute Annexure 1 of the Regulations. This sets out what activities must be reported (if applicable). Since it covers six pages in total it is too long to reproduce in this report. Should a copy be required we can email this.

5) Marine Pollution (Prevention of Pollution from Ships) Act
Extensive proposed amendments to the above Act were published for comment. The most relevant proposed changes are the addition of Annex IV and VI to the Schedule of the Act.

Annex IV deals with the prevention of pollution by sewage from ships, while Annex VI sets out regulations for the prevention of air pollution from ships. The Government Gazette with the proposed changes is 96 pages long and a summary of suggested changes is therefore clearly beyond the scope of this update notification.

Both Annexes are taken from the 1973 MARPOL Convention

PROVINCIAL LEGISLATION

No relevant provincial legislation was published during this month.

MUNICIPAL LEGISLATION

6) Ray Nkonyeni Local Municipality
The Municipal Planning and Land Use Management By-law was published.

7) Rustenburg Local Municipality
The Water Services By-law was published; this repeals the 2006 water Supply and Waste Water By-law.

8) Greater Tzaneen Local Municipality
Various by-laws were published in the Provincial Gazette. It is unsure whether these are actual by-laws or drafts for comments as several have dates from 2013, alternatively contain book mark errors in the index or are marked as draft (but without calling for public comments):

The following are potentially relevant:

• Electricity By-law
• Drainage By-law
• Keeping of Animals By-law
• Environmental Health By-law
• Refuse By-law
• Control of Outdoor Advertising and Signage By-law
• Nuisance By-law
• Refuse Removal, Refuse Dumps and Solid Waste Disposal By-law.

9) Ekurhuleni Metropolitan Municipality
The Spatial Planning and Land Use Management By-law was promulgated.

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

Kind regards

MARK DITTKE