ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT (SOUTH AFRICA)
To download and / or print this newsletter please click on this link: Monthly SHE and Foodstuffs Legal Newsletter of what happened in November 2021
Below please find a summary of selected relevant environmental, health and safety and foodstuffs legal developments that took place during November 2021.
1) Biodiversity Act
- Consultation on the Draft Revised List of Ecosystems that are Threatened and in need of Protection
Proposed draft amendments to the existing list were published for comment.
2) Merchant Shipping Act
Draft amendments for the following Regulations were published for public comment:
- Life-saving Regulations
- Construction Regulation
3) Marine Traffic Act
- Marine Traffic Regulations, 1985 – Draft amendment
A draft amendment to the 1985 Regulations was published for comment.
4) National Forests Act
- List of Protected Tree Species – proposed amendments
Proposed amendments to the March 2021 list were released for public comment.
5) Air Quality Act
- Technical Guidelines for Validation and Verification of Greenhouse Gas Emissions
These very technical guidelines were published (a draft came out in August 2020 for comment).
In order to provide further guidance to Regulation 11 of the National Greenhouse Gas Emissions Reporting Regulations the Department of Forestry, Fisheries and the Environment prepared the Guidelines for Verification of Greenhouse Gas Emissions. The guidelines describe the process that will be followed to verify the greenhouse gas (GHG) emissions data and submissions made by Data Providers in terms of the Regulations to the National Inventory Unit based at the Department (“Competent Authority”). Furthermore, the guidelines detail the requirements for implementation of Regulation 11, which outlines the legal requirements for verification of information submitted by Data Providers to the Competent Authority.
The purpose of the guideline is to support the implementation of the mandatory GHG reporting regime in South Africa. The guideline provides direction to the Competent Authority, Data Providers and Independent Assessors on the verification process for the Regulations and details the responsibilities of these role players. This guideline is applicable to all anthropogenic emissions by sources and removals by sinks as outlined in Annexure 1 of the Regulations. More specifically the guideline outlines:
- The structure of the Regulation’s Verification Programme
- The Competent Authority’s responsibility and the internal review and validation process that the Competent Authority will follow
- The Data Providers’ responsibilities
- The independent verification process to be followed
- Accreditation requirements of independent verification bodies, and
- Important considerations for all role players during the verification process.
The guideline is made up of three primary sections, including:
- Competent Authority review and validation process
- Independent verification process, and
- Accreditation process and competence requirements for Independent Assessors.
The guideline is intended to be used in conjunction with the Regulations and the Methodological Guidelines for Reporting of Greenhouse Gas Emissions.
6) Civil Aviation Act
- 2011 Regulations – Amendments
Extensive amendments were made to the 2011 Regulations.
7) National Environmental Management Act
- Suspension of the Rotterdam Convention on the Prior Informed Consent Procedure for certain Hazardous Chemicals and Pesticides in International Trade
The Minister declared a suspension of the Regulations for a period of twelve months.
This was done to allow sufficient time to ensure compliance with Article 5 of the Convention which requires, among other things, that South Africa notify the Secretariat of the Convention of the implementation of the Regulations and to affect some necessary corrections to them.
The Regulations apply to importers and exporters of chemicals listed in Annex III of the Convention and to pesticides and industrial chemicals controlled under South African legislation. The Regulations outline the prior informed consent procedures that enable countries to monitor and control trade in hazardous chemicals and pesticides. This is to obtain and exchange information between countries regarding certain hazardous chemicals, including pesticides and industrial chemicals, that were banned or severely restricted for human health, animal health and/or environmental reasons.
No relevant provincial legislation was published during this month.
8) Overstrand Local Municipality
A new Integrated Waste Management By-law was published. This replaces the 2013 by-law.
9) City of Ekurhuleni
The following draft by-laws were published for comment:
- Draft Air Quality Management By-law
- Draft By-law relating to Dogs.
10) Saldanha Bay Local Municipality
The Integrated Zoning Scheme By-law was published.
11) Mossel Bay Local Municipality
The following new by-laws were published:
- Zoning Scheme By-law
- By-law on Municipal Land Use Planning (this repeals the 2015 by-law).
12) Emalahleni Local Municipality
The Business Trading Control By-laws were promulgated.
13) Bela-Bela Local Municipality
New Outdoor Advertising By-laws were published which repealed the 2008 by-laws.
14) Buffalo City Metropolitan Municipality
The By-Law on the Arts, Culture and Heritage Facilities was promulgated. It also deals with the holding of events.
If you have any questions please feel free to contact us.