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

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

Dear Clients,

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

NATIONAL LEGISLATION

1) Carbon Tax Act

Reg 2(2) of the Regulations (GN R 1556 of 2019) under the Act was substituted by providing that a tax offset in respect of an approved project in existence prior to 1 June 2019, in respect of which the activities become subject to tax on or after the date under the Carbon Tax Act, constitutes an offset only if it would have been able to be used as such had the Regulations been in operation or on before that date if the offset is utilised on or before 31 December 2025.

2) Air Quality Act

  • Consultation on Proposed Regulations for Implementing and Enforcing Priority Area Air Quality Management Plans

These draft Regulations were published for comment, with similar drafts in 2022 and 2023. In terms of the Air Quality Act the Minister can identify priority areas and impose restrictions on air pollution. This is currently in place for the Vaal Triangle area since 2009. The draft Regulations would apply to any area the Minister decides and set out how air quality management plans are to be implemented. Once in force they would repeal the 2009 Regulations.

3) National Health Insurance Act

This controversial Act was signed by the President but will only enter into force on a date to be proclaimed in the Government Gazette. In addition, separate dates may be fixed in respect of the coming into effect of different provisions of this Act.

4) National Regulator for Compulsory Specifications Act

  • Compulsory Specification for Energy Efficiency and Labelling of Electrical or Electronic Appliances (VC 9008) – Draft Amendment

Draft amendments to the current compulsory specifications were published for public comment.

5) Compensation for Occupational Injuries and Diseases Act

The following draft Regulations were published for public comment:

  • Draft Regulations regarding the Prescription of Claims
  • Draft Regulations on Chapter XA Inspection, Compliance and Enforcement

Chapter XA does not yet form part of the Act. It will be introduced once the Compensation for Occupational Injuries and Diseases Amendment Act, 10 of 2022, enters into force (it is unsure when this will be).

  • Draft Regulations for the Registration of Third Party that are [sic] transacting with the Compensation Fund

6) Hazardous Substances Act

  • Regulations relating to Lead in Paint or Coating Materials

These Regulations apply to the manufacture, sale, distribution, import and export of all paints or similar coating materials. The total lead concentration may not be more than 0.009 % (90 ppm) or 90 mg/kg total lead (calculated as lead metal) based on the weight of the total non-volatile content of the paint or weight of the dried paint film.

Manufacturers and importers of paint or similar coating materials must before commercial distribution and importation issue a lead content standard compliance declaration certificate for the first production batch or lot of paint.

The importation is only permissible through the ports of entry (sea ports, airports and border posts) identified in Annexure C of the Regulations.

The use of the label statement “no lead”, “lead free” or “lead safe” or any statement that provides an impression that the product does not have any traces of lead is prohibited.

The Regulations will enter into force on 17 May 2025, except for Regulations 6(1)(a)-(f) and (2) which will only become effective on 17 May 2026.

  •  Declaration of Lead in Paint as a Group II Hazardous Substance

When the above Regulations enter into force on 17 May 2025 leaded paint or coating material will become a declared Group II hazardous substance in terms of the Hazardous Substances Act. The earlier declaration of leaded paint as Group I hazardous substance, published in GN R 801 of 31 July 2009 (GG 32455) will then be repealed.

7) Biodiversity Bill

This new Bill was published for public comment. Once it was approved and passed by parliament it will repeal the current Biodiversity Act.

According to the publication notice, the Bill will enable:

  • more effective implementation of the provisions and achievement of the objectives of the Biodiversity Act due to a revised regulatory approach;
  • greater protection of species and ecosystems through additional provisions relating to the listing of species and ecosystems, implementation of international agreements and restriction of wildlife trafficking;
  • more flexible management of species and ecosystems;
  • more effective achievement of economic benefits in the biodiversity sector, as well as beneficiation from indigenous biological resources involved in bioprospecting; and
  • transformation of the biodiversity sector

The primary purposes of the Bill are to:

  • provide for the conservation and sustainable utilisation of ecosystems and species within South Africa;
  • provide for the duty of care towards all components of biodiversity and for the well-being of wild animals;
  • provide for the development and alignment of biodiversity planning tools;
  • provide for the management of the impacts of invasive species;
  • provide for the fair and equitable sharing of benefits arising from bioprospecting involving indigenous biological resources and indigenous knowledge;
  • address historical imbalances, enable and facilitate transformation, facilitate cultural practices and achieve equity within the biodiversity sector;
  • provide for the South African National Biodiversity Institute to develop, manage, co-ordinate, promote and provide assistance on biodiversity;
  • provide for the Scientific Authority to assist in regulating trade in specimens of species which are subject to international agreements regulating international trade and to assist with the regulation of species of concern; and
  • provide for appropriate measures in response to climate change.

 

PROVINCIAL LEGISLATION

No relevant provincial legislation was published this month.

MUNICIPAL LEGISLATION

8)    Msunduzi Local Municipality

The following new by-laws were published:

  • Water Services By-law (this repeals the 2014 by-law)
  • Electricity Supply By-law (this repeals the 2015 by-law).

9)    Setsoto Local Municipality

The Connection of Embedded Generation to a Municipal Distribution System Electricity Supply By-law was published.

10)  Newcastle Local Municipality

The following new by-laws were published:

  • Connection of Embedded Generation to a Municipal Distribution System: Electricity Supply By-law
  • Nuisances and Prohibited Behaviour in Public Places By-law.

 

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

Kind regards

MARK DITTKE