ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT

 (SOUTH AFRICA)  SEPTEMBER 2020

Dear Clients,

Below please find a summary of selected relevant environmental, health and safety and foodstuffs legal developments that took place during September 2020.

 

NATIONAL LEGISLATION

1) Biodiversity Act

  • Proposed emergency intervention – Shot-hole Borer Beetle

A draft emergency intervention notice to combat this beetle was published for comment.

  • Alien and Invasive Species Lists

The 2016 lists were replaced by these new lists.

  • Alien and Invasive Species Regulations

New Regulations were promulgated which replace the 2014 Regulations. They will, however, only take effect on 25 October 2020.

 

2) Air Quality Act

  • 7th National Greenhouse Gas Inventory Repo

This draft report was published by the Department of Environment, Forestry and Fisheries for public comment.

  • National Greenhouse Gas Emission Reporting Regulations – Amendment

The Regulations were extensively amended. An updated version of the Regulations was uploaded for legal register users at the time of amendment.

Furthermore, we have saved copies of the current Regulations and the amendment Gazette in case a “provision by provision” comparison is needed. Please feel free to contact us for copies of both.

Several amendments relate to inserting new definitions, alternatively amending some. Various other amendments were also limited to changing some of the wording in specific sub-regulations, and are thus drafting or wording changes only.

Only a basic overview is therefore provided here.  The actual changes are highlighted in the amended Regulations.

The distinction between data providers Category A and Category B (state organs, research or academic institutions) was removed, and all are now regarded as data providers.

Changes were made to Reg 5 which deals with registration. Stationary combustion installations and standby generators are now specifically mentioned.

Reg 7 (reporting requirements was amended quite significantly). One of the main changes is that a “data provider must submit IPCC emission sources and related GHG emissions
and activity data as specified in Annexure 1 to these Regulations, for all of these the
relevant greenhouse gases and for each of its facilities and in accordance with the data
and format requirements specified in Annexure 3 to these Regulations, for the preceding
calendar year, to the competent authority by 31 March of each year.”

Further, smaller amendments were done to Reg 7.

Reg 10 was amended throughout by substituting reporting method references from  Technical Guidelines for Monitoring, Reporting, Verification and Validation of Greenhouse Gas Emissions by Industry to the latest version of the Methodological Guidelines for Quantification of Greenhouse Gas Emissions. This means that specific emissions must now be reported on according to the tiers specified for the relevant categories in Annexure 1 to these Regulations, using the methods set out in the latest version of the Methodological Guidelines.

Reg 11 (verification and validation of information) was completely substituted to provide for the Methodological Guidelines for Quantification of Greenhouse Gas Emissions.

A further important amendment were the changes done to Reg 15 (transitional arrangements).

Reg 15 now reads as follows:

    • A data provider may, for a transitional period of up to five years from the date of
      commencement of the National Greenhouse Gas Emissions Reporting
      Regulations (ie. 3 April 2017) apply either tier 1, tier 2 or tier 3 methodology to the activities
      listed in Annexure 1 to these Regulations with tier 1 method being the minimum as
      contemplated in the latest version of the Methodological Guidelines for Quantification of
      Greenhouse Gas Emissions.
    • At the end of the transitional period, a data provider must use a higher tier method
      prescribed to the activities listed in Annexure 1 to these Regulations and the supporting
      latest version of the Methodological Guidelines for Quantification of Greenhouse Gas

The penalties were left unchanged and remain as follows:

    • First conviction: fine up to R 5 m, imprisonment up to 5 years, or both
    • Second or subsequent conviction: fine up to R 10 m, imprisonment up to 10 years or both.

 

3) Animals Protection Amendment Bill (Private Members Bill)

A private member’s Bill to have the Animals Protection Act amended was introduced by a MP, Mr Steven Swart, for public comment. Its main focus is to deal with the use of animals in cosmetics testing.

 

4) National Water Act

  • Determination of classes of water resources and resource quality objectives for the Breede-Gouritz Water Management Area

This voluminous document was published by the Department of Water and Sanitation and sets out the different water resource classes and the resource quality objectives for the above water management area.

  • Proposed reserve determination for water resources of the Mokolo and Matlabas catchments

Proposed reserve determinations were published for public comment for the above catchments.

  • Extension and alignment of compliance period on the instruction to install water measuring devices for water taken for irrigation purposes

GN 141 of 23 February 2018 requires water users obtaining water from Irrigation Boards and Water Users Associations to install measuring devices for water taken for irrigation purposes and to report same.

GN 34 of 17 January 2020 calls on water users who are not members of an Irrigation Board or Water Users Association to also install measuring devices for all the water taken for commercial irrigation purposes according to GN 131 of 2017 within 30 working days.

The 30 day period in GN 34 of 2020 was now extended to 120 working days reckoned from 17 January 2020.

In addition, water users affected by GN 141 of 2018 and who have not yet installed devices and reported their use are afforded a further opportunity to comply within the 120 day period.

While GN 1010 of 2020 was signed by the Acting Director of the Department of Water and Sanitation on 11 March 2020 the notice was only published in the Government Gazette of 18 September 2020.

  • Vaal Water Management Area – Reserve Determination for Water Resources

This technical document sets out the ecological water requirements and basic human needs reserve at various sites and selected biophysical nodes in the Vaal Water Management Area. It also sets out water quality components at selected sites. The document further discusses the groundwater reserve for water quantity and quality as well as the ecological specifications for wetlands in the Area.

 

5) Fire Brigade Service Act

  • White Paper on Fire Services

This White Paper was published for information.

 

6) National Environmental Management Act

  • Draft Regulations to prohibit the Production, Distribution, Import, Export, Sale and Use of Persistent Organic Pollutants

Draft Regulations were published for public comment on 30 September 2020. Comments can be sent to the Department within 30 days.

 

PROVINCIAL LEGISLATION

No relevant provincial legislation was published during this month.

 

MUNICIPAL LEGISLATION

 7)    Knysna Local Municipality

The Road and Traffic By-law was promulgated.

 

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

Kind regards

 

MARK DITTKE

 

For the download/print version kindly click here: Monthly Newsletter September 2020