ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT (SOUTH AFRICA) FEBRUARY 2024                                     

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Monthly SHE and Foodstuffs Legal Newsletter of what happened in February 2024

Dear Clients,

Below please find a summary of selected relevant environmental, health and safety and foodstuffs legal developments that took place during February 2024.

 

NATIONAL LEGISLATION

 1) National Environmental Management Act

  • Financial Provisioning Regulations – Amendment of Transitional Arrangements

These Regulations govern financial provisioning for mining operations. The transitional arrangements dealing with the period by which holders of off-shore exploration or  production rights, as well as holders of a right or permit, and who applied prior to 20 November 2015, have to comply with the Regulations was extended yet again and indefinitely. This is because the proposed amendments to the Regulations were still not finalised.

  • Water and Sanitation Services Policy

The Department of Water and Sanitation published the above policy.

 

2) Merchant Shipping Act

  • Draft Merchant Shipping (National Small Vessel Safety) Regulations

These draft Regulations were published for public comment. Should they enter into force they will repeal the 2007 National Small Vessel Safety Regulations.

 

3) Waste Act

  • List of Activities requiring a Waste Management Licence, 2013 – Draft amendment

A draft proposal was published to delete activity 15 (in Category A) and activity 11 (in Category B). Both deal with mining residue stockpiles and residue deposits.

 

4) Foodstuffs, Cosmetics and Disinfectants Act

  • Regulations Governing the Maximum Limits for Pesticide Residues that May Be Present in Foodstuffs, 2003 – Draft Amendment

Draft Amendments were published for public comment.

 

5) Compensation for Occupational Injuries and Diseases Act

  • Replacement of Schedule 3 (Occupational Diseases) – DRAFT AMENDMENT ONLY

Schedule 3 of the Act deals with occupational diseases. A proposal was published for public comment to replace this with a new schedule. Please note: This is a draft and not (yet) a new schedule.

 

6) Occupational Health and Safety Act

  • Lead Regulations – DRAFT ONLY

New DRAFT Regulations were published for public comment. Should they enter into force they will replace the 2002 Regulations.

The manufacturer or importer of lead or lead containing products must, before it is supplied to a workplace, use the compulsory classification according to Annexure A of the draft Regulations and review the classification should a change in composition be made.

A competent person will have to identify lead (in the form of an inventory) and lead work, and will further have to do a lead risk assessment.

Information, instruction, supervision and training must be provided by the employer.

Exposure monitoring (air and biological) is required where there is exposure over the OEL. Where there is significant exposure the employer must obtain the opinion of an occupational medicine practitioner to determine whether medical screening is necessary.

Labelling of lead, as well as lead containers, will be required.

“Lead work” is defined as:

(a) work that exposes a person to lead dust or lead fumes arising from the manufacture or handling of dry lead compounds,

(b) work in connection with the manufacture, assembly, handling or repair of, or parts of, batteries and radiators containing lead that involves the manipulation of dry lead compounds, or pasting or casting lead,

(c) dismantling batteries containing lead for recycling,

(d) melting, casting or spraying lead metal or alloys,

(e) recovering lead from its ores, oxides or other compounds by thermal reduction processes,

(f) mechanical abrasion of metal plant, machinery or products, containing lead or lead alloys or the abrasion of any surface painted with lead containing paint,

(g) electric arc, oxyacetylene, plasma arc or a flame that is applied to the surface of metal coated with lead or paint containing lead,

(h) confirmatory laboratory tests for lead, lead compounds or lead alloys,

(i) spray painting with lead containing paint,

(j) manufacture, test or use of detonators, ammunition or other explosives that contain lead,

(k) lead and lead alloy foundry processes,

(l) work where lead is produced, processed, used, handled or stored in a form in which it can be inhaled, ingested or absorbed.

 

PROVINCIAL LEGISLATION

8)    Consultation on the Development and Adoption of the KZN Provincial Watercourse Infrastructure Standard and Associated Excluded Activities and Proposed Exclusion of Activities from the Requirement to obtain an Environmental Authorisation

The above document was published for public comment.

 

9)    Mpumalanga Road Traffic Regulations

New Regulations were promulgated and take effect on 1 April 2024.

 

No other relevant provincial legislation was published this month.

 

MUNICIPAL LEGISLATION

 

10)  eThekwini Metropolitan Municipality

The Water By-law was originally published on 10 August 2023, but only entered into force on 10 February 2024. It repeals the Durban Transitional Metropolitan Council – Water Supply By-law, MN 104 of 26 September 1996.

 

11)  King Cetshwayo District Municipality

The Air Quality Management By-law was published. It only enters into force six months from the date of publication in the provincial Gazette (MN 389 in PG 2663 of 29 February 2024).

 

12)  City of Johannesburg

The following DRAFT by-laws were published for public comment:

  • Closed-Circuit Television (CCTV) By-law
  • Public Roads By-law
  • Public Transport By-law.

 

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

Kind regards

MARK DITTKE