ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT (SOUTH AFRICA) OCTOBER 2024
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Monthly SHE and Foodstuffs Legal Newsletter of what happened in October 2024
Dear Clients,
Below please find a summary of selected relevant environmental, health and safety and foodstuffs legal developments that took place during October 2024.
NATIONAL LEGISLATION
ENVIRONMENTAL LEGISLATION
1) National Environmental Management Act
- Prior Informed Consent Procedure Regulations (for the Rotterdam Convention on the Prior Informed Consent Procedure for certain Hazardous Chemicals and Pesticides in International Trade)
After several years of delays and various extensions by the Department of Forestry, Fisheries and the Environment new Regulations were finally promulgated.
They will, however, only enter into force on 4 February 2025.
The 2021 Regulations to Domesticate the Requirements of the Rotterdam Convention, the 2023 Regulations to Domesticate the Requirements of the Rotterdam Convention, as well as the Extension Notice under GN R 4204 of 2023 will then be repealed.
2) Waste Act
- Consultation on the Intention of the Minister to call upon Certain Persons to apply for a Waste Management Licence, GN 5489 of 31 October 2024
The purpose of this notice is to provide the persons mentioned below the opportunity to comment on the Minister’s intention for them to apply for a waste management licence within two years.
This is applicable to the following:
- Persons who operate a waste disposal facility that was established before the coming into effect of the 1989 Environment Conservation (i.e. 9 June 1989).
- Holders of a permit issued in terms of section 20 of the Environment Conservation Act (i.e. the predecessor of a waste management licence under the 2009 Waste Act)
- Persons who conducted a waste management activity listed in Schedule 1 of the Waste Act on the coming into effect of that Act (i.e. 1 July 2009), and who immediately before that date lawfully conducted that waste management activity in compliance with GN 91 of 1 February 2002 (Directions with regard to the Control and Management of General Communal and General Small Waste Disposal Sites).
As can be seen, the above are aimed at old waste disposal sites or waste management facilities, and therefore will therefore probably only affect a small number of persons or companies.
- Consultation on the proposed Regulations relating to the Procedure to be followed by Person called upon by the Minister to apply for a Waste Management Licence, GN 5491 of 31 October 2024
These draft Regulations set out the procedure to be followed by persons who are affected by the other abovementioned Notice (GN 5489 of 31 October 2024).
HEALTH AND SAFETY LEGISLATION
3) National Veld and Forest Fire Act
- Draft National Fire Protection Association Support Strategy
This was published for public comment.
4) Code of Practice for the Performance of Mining Engineering Work
This was published by the Engineering Council of SA.
5) Mine Health and Safety Act
- Guidance note for the Management of Latent Tuberculosis Infection in the South African Mining Industry
This new guidance note was brought by the Minister.
- Mine Health and Safety Amendment Bill
Notice was given that the Minister intends introducing this amendment Bill in the National Assembly.
Extensive amendments to the Act are proposed. One of them is increasing the current maximum fine from R 1m to R 4 m for certain offences.
The amendment Bill contains an explanatory memorandum as well.
A copy can be downloaded from the Department’s website (http://www.dmre.gov.za) or the Parliamentary Monitoring Group (http://www/pmg.org.za).
6) Nuclear Energy Act
- Declaration of Certain Substances, Materials and Equipment as Restricted Material, Source Material, Special Nuclear Material and Nuclear Related Equipment and material – Amendment
This Notice identifies various materials and equipment as having some form of nuclear or radioactive characteristic.
Schedule 1, which deals with restricted material (beryllium, hafnium and zirconium) was repealed, meaning they no longer fall under this notice.
Schedule 2, which governs source material, was amended to exclude ore or ore residue from uranium expressed as conversion to uranium oxide; thorium; uranium by products of enrichment processes; uranium containing the mixture of isotopes occurring in nature. Source material, apart from ore or ore residue, containing the above is, however, still covered.
7) Merchant Shipping Act
The following draft laws were published for public comment on 1 November 2024. It was decided to include them in the October 2024 update report as the commenting period expires on 2 December 2024.
- Draft Merchant Shipping (IGC Code) Regulations
- Draft Marine Pollution (BCH Code) Regulations
- Draft Life-Saving Appliances Regulations
Should these draft Regulations enter into force the Life-Saving Appliances Regulations, 1968, would be replaced.
- Draft Merchant Shipping (Seafarer Insurance and Labour Related Matters) Regulations
These draft Regulations propose to repeal the Merchant Shipping (Seafarer Recruitment and Placement) Regulations, 2017 published by GN R 986 in Government Gazette 41108 of 11 November 2017, the Merchant Shipping (Seafarer Compensation) Regulations, 1998 published by GN R 1654 in Government Gazette No. 19604 of 18 December 1998, the Provisions Regulations, 1961 published by GN R 896 of 27 October 1961, the Distressed Seamen’s Regulations, 1961 published by GN R 895 of 27 October 1961 and the Bedding, Towels, Mess Utensils and Other Articles for Personal Use Regulations, 1961 GN R 897 of 27 October 1961 and the Seamen’s Welfare Regulations, 1961 published by GN R 898 of 27 October 1961, the Merchant Shipping (Seamen’s Documents) Regulations, 2000 published by GN R 432 Government Gazette 21136 (RG 6796) of 5 May 2000.
The draft Regulations would deal with the above, should they be promulgated.
- Draft Merchant Shipping/Marine Pollution (IBC Code) Regulations
These draft Regulations are in terms of the Merchant Shipping Act (under section 356(2)(a)) and the Marine Pollution (Prevention of Pollution from Ships) Act (under section 3). Should they enter into force they would repeal the Merchant Shipping/Marine Pollution (IBC Code) Regulations published under GN R 133 in Government Gazette 18631 (RG 6082) of 23 January 1998.
8) Draft Marine Oil Pollution (Preparedness, Response and Cooperation) Administration Regulations
These draft Regulations were published for public comment by the Minister of Transport in anticipation of the promulgation of the Marine Oil Pollution (Preparedness, Response and Cooperation) Bill, 2022.
9) Explosives Act, 2003
- Draft Explosives Regulations
This Act is still not in force, presumably because of the absence of Regulations. Very extensive draft Regulations were now finally published for comment.
Until the Act and Regulations become effective the 1956 Explosives Act and its 1972 Regulations remain applicable.
PROVINCIAL LEGISLATION
No relevant provincial legislation was published this month.
MUNICIPAL LEGISLATION
10) Swellendam Local Municipality
The By-law on Coastal Access Land was published.
11) Stellenbosch Local Municipality
The Zoning Scheme By-law, 2019, was amended.
12) Mossel Bay Local Municipality
Amendments were made to the By-law on Municipal Land Use Planning.
13) Matjhabeng Local Municipality
The Animal Keeping and Impounding By-law was published.
If you have any questions please feel free to contact us.
Kind regards
MARK DITTKE