ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT (SOUTH AFRICA) December 2024
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Monthly SHE and Foodstuffs Legal Newsletter of what happened in December 2024
Dear Clients,
Happy New Year!
Below please find a summary of selected relevant environmental, health and safety and foodstuffs legal developments that took place during December 2024.
NATIONAL LEGISLATION
ENVIRONMENTAL LEGISLATION
1) National Land Transport Act
- Draft Second National Land Transport Regulations
Draft Regulations were published for comment. They deal with: Contracting for public transport services; e-hailing services; moratorium on operating licences for non-contracted services.
If in force, they will amend parts of the 2009 National Land Transport Regulations.
2) National Forests Act – Amendment
Various amendments were made to the Act.
3) National Environmental Management Act
- Environmental Impact Assessment Regulations; Listing Notices 1 – 3 – DRAFT AMENDMENTS
Extensive draft amendments were published for the Regulations and Listing Notices 1 – 3 (which set out the various activities requiring either a Basic Assessment or Scoping and EIA).
The proposed amendments are mining related, and also deal with fracturing (fracking) and off-shore mining.
HEALTH AND SAFETY LEGISLATION
4) Railway Safety Act
This new Act was passed, but only enters into force on a date to be proclaimed in the Government Gazette. Once it does so, the National Railway Safety Regulator Act, 16 of 2002, will be repealed.
5) National Nuclear Regulator Amendment Act, 26 of 2024
This Act amends the National Nuclear Regulations Act, 47 of 1999. It will, however, only enter into force on a date to be proclaimed in the Government Gazette. Once it does so it will amend sections 1, 2, 5, 6 , 7, 8, 9, 12, 14, 15, 16, 17, 20, 22, 24, 33, 34, 35, 36, 37, 38, 39, 41, 47, 48, 49, 51 and 52 of the 1999 Act as well as the heading of Chapter 3.
Sections 3, 18, 21, 23, 25, 26, 27, 28, 30, 32 and 40 will be substituted, while section 26A will be added.
6) Electricity Regulation Amendment Act, 38 of 2024
This amends the Electricity Regulation Act, 4 of 2006, on 1 January 2025 except for the definitions of “distribution power system” and “reticulation’” which will only come into effect on a date to be proclaimed in the Government Gazette.
Sections 1, 2, 4, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 24, 27, 30, 32, 33, 34 and 35 were amended.
Sections 2A, 17A, 34A, 34B, 35A, 35B and 35C were added.
Sections 3, 8 and 20 and the long title of the Electricity Regulation Act, 4 of 2006, were substituted.
PROVINCIAL LEGISLATION
No relevant provincial legislation was published this month.
MUNICIPAL LEGISLATION
7) Stellenbosch Local Municipality
The municipality gave notice of its intention to adopt the proposed Stellenbosch Municipal Zoning Scheme By-law, 2024.
8) Bergrivier Local Municipality
The By-law Relating to Public Nuisances and the Keeping of Animals, 2024, was published.
9) Mossel Bay Local Municipality
The By-law Relating to Events was published.
10) Greater Letaba Local Municipality
The Waste Management By-law was published. This repeals the 2007 Waste Management and Refuse Removal By-law.
11) Ulundi Local Municipality
The Public Transport By-laws were published.
If you have any questions, please feel free to contact us.
Kind regards
MARK DITTKE