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 May 2020.
Due to the lockdown not many changes were made (apart from COVID-19 related legislation).
1) Electricity Regulation Act
- Draft Amendment – Electricity Regulations on New Generation Capacity
Draft amendments to the Regulations were published for comment. If promulgated, municipalities in sound financial standing could develop or procure their own power generation from independent power producers (IPPs). An application would have to be made to the Minister to establish new generation capacity and this must be accompanied by a detailed feasibility study showing “sound financial standing”. This is defined as an organ of State being a going concern and that the financial commitments to be incurred by acquiring new generation capacity can be met either through an existing budget or in accordance with future budgetary projections.
2) National Environmental Management Act
- EIA Regulations – Amendment
Regulations 54A(2) and (3) were amended by removing the references to 7 December 2019. These two subregulations deal with the first environmental audit report which must be submitted either in terms of the Mineral and Petroleum Resources Development Act or the previous EIA Regulations. The amendment stipulates that the report is only due on a date to be published in the Government Gazette.
Various Regulations and Directions, including amendments to existing ones, were published by the government during April. Separate update notices, and copies of the laws, were sent out by us to Legal Register users as soon as these appeared. New laws and amendments to existing laws are published virtually on a daily basis and thus cannot be discussed in this update report.
No relevant provincial legislation was published during this month.
4) Cederberg Local Municipality
The Air Quality By-law was promulgated.
5) Thembesile Hani Local Municipality
The Public and Non-motorized Transport By-law was promulgated.
6) Lesedi Local Municipality
The Nuisances and Behaviour in Public Places By-law entered into force.
7) Oudtshoorn Local Municipality
The Draft Integrated Zoning Scheme Regulations were published for public comment.
8) Drakenstein Municipality
The Integrated Waste Management By-law was published. This repeals the 2013 Integrated Waste Management By-law.
If you have any questions please feel free to contact us.
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