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

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

 

Dear Clients,

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

 

NATIONAL LEGISLATION

1)    National Building Regulations and Building Standards Act

  • National Building Regulation for the Environmental Sustainability of Buildings – Proposed amendment

A proposal was published for public comment to amend Regulations XA2 and XA3 of Part XA (which deals with energy usage in buildings).

Regulation XA2 governs hot water systems, while Regulation XA3 deals with energy efficient designs.

 

2)    Cannabis for Private Purposes Act

This new Act was passed but will only enter into force on a date to be proclaimed. Once this is the case the smoking of cannabis in a private place is permissible, but subject to some restrictions (eg. not in front of a child, in proximity of windows). The smoking of cannabis in a public place or vehicle will not be allowed, although the possession thereof is.

 

3)    Compensation for Occupational Injuries and Diseases Act

The following were promulgated:

  • Regulations on Post-traumatic Stress Disorder for the Compensation Fund
  • Regulations on Work-aggravated Asthma for the Compensation Fund
  • Regulations on Irritant-induced Asthma for the Compensation Fund.

 

4)    National Environmental Management Act

  • Regulations to Domesticate the Requirements of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade – Amendment

An amendment was made in terms of which the commencement date of the Regulations was yet again postponed. The Regulations will now only enter into force 660 days after their date of initial publication in the Government Gazette (21 February 2023). Before the amendment it was 480 days.

 

5)    Waste Act

  • Consultation on the Draft National Policy for the Management of Waste Electrical and Electronic Equipment

This comprehensive draft policy was released for public comments. These can be submitted to the Department’s Mr Jeremia Sibande (jsibande@dffe.gov.za) via email.

 

6)    Perishable Products Export Control Act

  • Draft Regulations relating to the Export of Perishable Product

Draft Regulations were published for public comment.

 

7)    Biodiversity Act

  • Consultation on the Draft Biodiversity Management Plan for Black Rhinoceros and White Rhinoceros in South Africa

This draft was published for public comment.

 

8)    National Water Act

  • Revised Pricing Strategy for Raw Water Use Charges

This revised strategy deals with raw water (i.e. water supplied from dams etc, and not potable water from a water service provider). The effective date for its implementation is April 2026.

 

9)    Agricultural Product Standards Act

  • Regulations regarding the Classification, Packing and Marking of Edible Ices intended for Sale in the Republic of South Africa, 2023

These Regulations were published on 30 June 2023 but will only enter into force on 30 June 2024. The 2013 Regulations will then be repealed.

 

PROVINCIAL LEGISLATION

No relevant provincial legislation was published this month.

 

MUNICIPAL LEGISLATION

10)  Matatiele Local Municipality

The following new by-laws were published:

  • Waste Management By-law (this repeals the 2019 Waste Management By-law)
  • Electricity By-law (this repeals the 2016 Electricity By-law)
  • Nature Reserve By-law.

 

11)  uMzimkhulu Local Municipality

A new Noise Abatement and Prevention of Nuisance By-law was introduced and which repeals the 2011 by-law.

 

12)  Hessequa Local Municipality

The Integrated Waste Management By-law was promulgated.

 

13)  Tsantsabane Local Municipality

This municipality published various new by-laws, at the same time repealing and replacing older by-laws, but for purposes of this SHE legal update only the following are relevant:

  • Buildings Control By-law
  • Fire Brigade By-law
  • Refuse Removal By-law
  • Water Services By-law
  • Electricity Supply By-law
  • By-law relating to the Prevention of Public Nuisances and Nuisances arising from the Keeping of Animals.

 

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

Kind regards

 

MARK DITTKE