ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT (SOUTH AFRICA)
FEBRUARY 2022
To download and / or print this newsletter please click on this link: Monthly SHE and Foodstuffs Legal Newsletter of what happened in February 2022
Dear Clients,
Below please find a summary of selected relevant environmental, health and safety and foodstuffs legal developments that took place during February 2022.
NATIONAL LEGISLATION
1) Marine Pollution (Prevention of Pollution from Ships) Amendment Bill, 5 of 2022
South Africa is a party to the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the 1978 Protocol. To give effect to the Convention parliament passed the Marine Pollution (Prevention of Pollution from Ships) Act, 2 of 1986. Annex I, II, III and V of the Convention were incorporated into the Act, but not Annex IV.
The Amendment Bill proposes to amend the Act by incorporating Annex IV and Annex VI of the Convention. The objective of the Bill is also to broaden the powers of the Minister of Transport to make regulations so as to give effect to Annex IV and VI of the Convention.
2) Mine Health and Safety Act
- Guideline for the Compilation of a Mandatory Code of Practice for an Occupational Health Programme on Thermal Stress
A new Guideline was published, thus replacing the older version.
- Guideline for the Compilation of a Mandatory Code of Practice for an Occupational Health Programme for Noise
A new Guideline was published, thus replacing the older version.
3) Antarctic Treaties Act
- Antarctic Treaties Regulations
New Regulations were promulgated.
4) Air Quality Act
- Consultation on the proposed Regulations for Implementing and Enforcing Priority Area Air Quality Management Plans
These DRAFT Regulations were published for comment.
5) National Environmental Management Act
- Section 24H Registration Authority Regulations – Amendment
These Regulations deal with the registration authority responsible for registering environmental assessment practitioners.
Reg 14 states that: No person other than a registered environmental assessment practitioner, registered with a registration authority, may hold primary responsibility for the planning, management, coordination or review of environmental impact assessments and associated EMPrs.
This requirement was amended and Reg 14 therefore now only takes effect 54 months from the date of the appointment of the first registration authority.
6) Biodiversity Act
- Request for comments on the inclusion of Seventeen Succulent Plant Species and one Succulent Plant Genus in Appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
Comment is sought on whether the seventeen identified succulent species and one identified succulent plant genus should be included in the above international Convention.
7) Waste Act
- National Norms and Standards for Organic Waste Composting
These Norms and Standards were published in June 2021, but only entered into force on 11 February 2022.
Any person having organic waste composting facilities that have the capacity to process in excess of 10 tonnes per day is bound by the various provisions of these Norms and Standards.
Where the facility has a capacity of less than 10 tonnes per day the facility only needs to be registered with the environmental authorities.
Compostable organic waste is defined as “carbon-based materials of animal or plant origin that naturally enhances fertility of soil but excludes human made organic chemicals and naturally occurring organic chemicals which have been refined or concentrated by human activity, and health-care risk waste”.
As such there is no need to have a waste management licence under the Waste Act.
At the same time GN 921 of 2013, which sets out the various listed activities requiring a waste management licence, was amended, and the Norms and Standards were included under Category C (which contains licence exempt activities).
- List of Activities requiring a Waste Management Licence – Amendment
GN 921 of 2013 sets out in Categories A and B the various activities which require a waste management licence, alternatively those that do not if they fall under Category C of the notice.
Changes were made to Categories A and B in so far as the treatment of general and hazardous waste are concerned.
Category A changes:
(6) The treatment of general waste using any form of treatment at a facility that has the capacity to process in excess of 10 tons but less than 100 tons per day calculated as a monthly average, excluding the treatment of organic waste using composting and any other organic waste treatment.
(7) The treatment of hazardous waste using any form of treatment at a facility that has the capacity to process in excess of 500 kg but less than 1 ton per day calculated as a monthly average, excluding the treatment of effluent, wastewater, sewage or organic waste using composting or any other organic waste treatment.
Category B changes:
(4) The treatment of hazardous waste using any form of treatment at a facility that processes in excess of 1 ton per day calculated as a monthly average, excluding the treatment of effluent, wastewater, sewage or organic waste using composting or any other organic waste treatment.
(6) The treatment of general waste using any form of treatment at a facility that has a capacity to process in excess of 100 tons per day calculated as a monthly average, excluding the treatment of organic waste using composting or any other organic waste treatment.
Category C changes:
The National Norms and Standards for Organic Waste Composting were added to the Category.
At the same time the remainder of Category C was replaced (although several of the activities nonetheless remain the same).
The balance of Category C now reads as follows:
Storage of waste
(1) The storage of general waste at a facility that has the capacity to store in excess of 100 m3 of general waste at any one time, excluding the storage of waste in lagoons or temporary storage of such waste.
(2) The storage of hazardous waste at a facility that has the capacity to store in excess of 80 m3 of hazardous waste at any one time, excluding the storage of hazardous waste in lagoons or temporary storage of such waste.
(3) The storage of waste tyres in a storage area exceeding 500 m2.
Treatment, recycling or recovery of waste
(4) The scrapping or recovery of motor vehicles at a facility that has an operational area in excess of 500 m2.
(5) The extraction, recovery or flaring of landfill gas.
(6) The sorting, shredding, grinding, crushing, screening or baling of general waste at a waste facility that has an operational area that is 1000 m2 and more.
PROVINCIAL LEGISLATION
No relevant provincial legislation was published during this month.
MUNICIPAL LEGISLATION
8) City of Cape Town
The following by-laws developments took place:
- By-law relating to Streets, Public Places and the Prevention of Noise Nuisances – this was amended
- The Unlawful Occupation By-law was published.
9) Greater Kokstad Local Municipality
The Scrap Metal Dealer and Recycling By-law was published.
10) Witzenberg Local Municipality
The new Water, Sanitation Services and Industrial Effluent By-law was published. It repeals the 2004 By-law relating to Water Supply, Sanitation Services and Industrial Effluent.
11) King Sabata Dalindyebo Local Municipality
The following new by-laws were published:
- Outdoor Advertising By-law
- Building Management By-law.
12) Drakenstein Local Municipality
An invitation for comment on the Draft Environmental Management Framework was published.
13) Bela-Bela Local Municipality
The following new by-laws were published:
- Noise Abatement and Prevention of Nuisance By-law
- Solid Waste By-law
- By-laws relating to the Keeping of Animals, Birds and Poultry and to Businesses involving the Keeping of Animals, Birds, Poultry, Pets and Control of Stray Animals.
14) Lephalale Local Municipality
The Cemetery By-laws were published.
15) Sarah Baartman District Municipality
The draft Municipal Health By-Laws were published for comment.
If you have any questions please feel free to contact us.
Kind regards
MARK DITTKE