ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT (SOUTH AFRICA)
Below please find a summary of selected relevant environmental, health and safety and foodstuffs legal developments that took place during May 2021.
1) National Water Act
• DRAFT Regulations for the Use of Water for Exploration and Production of Onshore naturally occurring Hydrocarbons that require Stimulation, including Hydraulic Fracturing and Underground Gasification, to Extract, and any activity incidental thereto that may impact detrimentally on the Water Resource
After the previous draft fracking Regulations from 2015 appeared to have been shelved new draft Regulations were now published for public comment.
2) Nuclear Energy Act
• Draft Regulations regarding Physical Protective Measures for Nuclear Material
These draft Regulations were published for comment.
3) Mineral Resources and Energy
• Draft Artisanal and Small-scale Mining Policy
This draft policy was published for comment.
• Draft National Mine Closure Strategy 2021
This draft strategy was published for comment.
4) National Environmental Management Act
• Regulations to domesticate the requirements of the Rotterdam Convention on the Prior Informed Consent Procedure for certain Hazardous Chemicals and Pesticides in International Trade
These new Regulations give effect to the requirements of the Rotterdam Convention which South Africa has also signed. Prior consent from the so-called designated national authorities (DNA) is required for the import or export of chemicals or pesticides listed in Annexure 1 of the Regulations. The DNA of each country must provide its consent. In South Africa it would be the Department of Environment, Forestry and Fisheries.
• Regulations to prohibit the Production, Distribution, Import, Export, Sale and Use of Persistent Organic Pollutants that are listed by the Stockholm Convention on Persistent Organic Pollutants
These new Regulations prohibit the production, distribution, import, export, sale and use of the substances contemplated in Regulation 3, namely:
• Polychlorinated naphthalenes
• Decabromodiphenyl ether
• Short -chain chlorinated paraffins
• Periluorooctanoic acid (PFOA), its salts and PFOA- related compounds.
5) Merchant Shipping Act
• Draft Amendment – Regulations relating to Merchant Shipping (Collision and Distress Signals)
Draft amendments to the above Regulations were published for comment.
6) Medicines and Related Substances Act
• Draft Regulations relating to Medical Devices
Draft Regulations were published for comment.
No relevant provincial legislation was published during this month.
7) Drakenstein Local Municipality
The Air Quality Management By-law was published. This repeals the By-law relating to Atmospheric Pollution, 2007.
8) City of Mbombela Local Municipality
The Fire Brigade By-law was published.
On the title page it states “Draft Fire Brigade By-law” but there is no call for public comment in the Provincial Gazette. It therefore appears as if the word “draft” was left in by accident by the municipality following an earlier (draft) version.
9) Ekurhuleni Metropolitan Municipality
The Draft Restriction of Access By-law was published for public comment.
10) Emalahleni Local Municipality
On 25 December 2020 the municipality published the new By-law on the Prevention of Public Nuisances. In terms of section 16 it was stated that it only takes effect after three months of date of publication or by earlier notice published in the Provincial Gazette.
On 28 May 2021 what seems to be the identical by-law was published once more, again with the three months or earlier notice proviso.
It is unsure why the by-law was re-published, but it is suggested that the version from 28 May 2021 be used, if necessary.
11) Maruleng Local Municipality
Various draft by-laws and policies were published for comment. For purposes of this update report the following are relevant:
• Spatial Land Use Management By-law
• Building Regulations By-law
• Noise Management By-law
• Waste Management Policy
If you have any questions please feel free to contact us.
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