ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT (SOUTH AFRICA) OCTOBER 2023                                      

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Monthly SHE and Foodstuffs Legal Newsletter of what happened in October 2023

 

Dear Clients,

Below please find a summary of selected relevant environmental, health and safety and foodstuffs legal developments that took place during October 2023.

 

NATIONAL LEGISLATION

 1) Waste Act

  • Regulations for the Control of Import or Export of Waste, 2017

These Regulations were promulgated in January 2019, but are not yet in force. Draft amendments were now published for comment.

  • Waste Tyre Regulations, 2017 – DRAFT Amendment

A draft amendment was published for comment.

These Regulations are aimed primarily at the tyre industry and collectors, and not generators of waste tyres.

  • Consultation on the Draft Industry Waste Tyre Management Plan

This draft waste tyre management plan was prepared by the CSIR and was published by the Minister for public comment. It sets out in detail how the tyre industry intends to deal with waste tyres.

  • Determination of the Licencing Authority for the Different Classes of Landfills

In terms of section 43(1)(a) of the Waste Act the Minister is the licencing authority where the waste management activity involves the establishment, operation, cessation or decommissioning of a facility where hazardous waste has been or is to be stored, treated or disposed of, unless indicated by the Minister in a notice in the Government Gazette.

In terms of section 43(3) a provincial MEC may deal with applications for waste management licences regarding any waste management activity which the Minister has assigned to a MEC.

The Minister has determined that the licencing authorities will be as follows:

  • Disposal of type 1 wastes (hazardous waste) to a class A landfill – the Minister
  • Disposal of type 2 wastes (hazardous waste) to a class B landfill – the MEC
  • Disposal of type 3 and 4 wastes (general waste) to a class B, C or D landfill – the MEC.

 

2) National Forests Act

  • Draft Amendments – Regulations under the National Forests Act

Draft amendments were published for comment.

 

3) Biodiversity Act

  • Republication of the Draft Regulations pertaining to Listed Threatened or Protected Terrestrial Species and Freshwater Species

Draft Regulations were previously published for comment. Their aim is to eventually repeal and replace the Threatened or Protected Species Regulations, 2007, as the latter has gaps and weaknesses.

  • Republication of the Draft List of Threatened or Protected Terrestrial Species and Freshwater Species, Restricted Activities that are proposed to be prohibited, and Restricted Activities that are proposed to be exempted

A list of threatened or protected species was promulgated in 2007. The above draft list seeks to repeal and replace this.

 

PROVINCIAL LEGISLATION

No relevant provincial legislation was published this month.

 

MUNICIPAL LEGISLATION

4)    Laingsberg Local Municipality

The Zoning Scheme By-law was published.

5)    George Local Municipality

A new Integrated Zoning Scheme By-law was published. This repeals the 2017 by-law.

6)    Capricorn District Municipality

A new Air Quality Management By-law was published. This repeals the 2018 by-law.

7)    Amajuba District Municipality

The Air Quality Management By-law was published.

8)    Waterberg District Municipality

The following new by-laws were published:

  • Emergency Services By-law
  • Municipal Health Services By-law.

9)    Umzimvubu Local Municipality

The Disaster Management By-law was promulgated.

 

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

Kind regards

MARK DITTKE