Dear Clients,

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



1) Air Quality Act

• DRAFT Methodological Guidelines for Quantification of Greenhouse Gas Emissions – Carbon Sequestration in the Forestry Industry
This extensive draft document was published for public comment.

2) National Energy Act

• Regulations for the Mandatory Display and Submission of Energy Performance Certificates for Buildings
The purpose of these Regulations is to introduce mandatory requirements for the display of energy performance certificates at the entrance of non-residential buildings, and to provide for the submission of energy performance certificates by organs of state and building owners. The certificate must be displayed within two years (ie. by 8 December 2022).

Affected buildings are those having a dominant occupancy classification in terms of Reg A20 of the National Building Regulations as A1 (entertainment and public assembly), A2 (theatrical and indoor sport), A3 (places of instruction) or G1 (offices).

The building must have been in operation to meet a particular need associated with its use for a period of two years or longer, and must not have been subject to a major renovation within the past two years of operation.

The threshold is a total net floor area of 1000 m2 or more for a state owned building and 2000 m2 or more for the above non-residential buildings.

The certificate must be issued by an accredited body in accordance with SANS 1544:2014 (energy performance certificates for buildings).

The validity of the certificate is five years at the most. Failure to display the certificate is a criminal offence.

A copy of the certificate must be submitted within three months of issuing to SANEDI (SA National Energy Development Institute).


No relevant provincial legislation was published during this month.


3) Bergriver Local Municipality
The By-law on Municipal Land Use Planning was published.

4) City of Mbombela Local Municipality
The following new by-laws were published:
• Street Tree Management By-law and Parks By-law
• Public Open Spaces By-law.

5) City of uMhlathuze
The Roads and Traffic Safety By-laws were published.

6) uMlalazi Municipality
The Disaster Management and Fire Prevention By-laws were published.

7) Emalahleni Local Municipality
The following new by-laws were published:

• By-law on the Prevention of Public Nuisances (this only comes into force three months from date of publication, ie. 25 March 2021, or on an earlier date proclaimed by the municipality)
• Business Trading Control By-laws (this only comes into force six months after date of publication, ie. 25 June 2021).

8) Emfuleni Local Municipality
The Parking By-law was published.

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

Kind regards



To download this newsletter please click here: Environmental Legal Newsletter December 2020