ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT (SOUTH AFRICA) January 2025
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Monthly SHE and Foodstuffs Legal Newsletter of what happened in January 2025
Dear Clients,
Below please find a summary of selected relevant environmental, health and safety and foodstuffs legal developments that took place during January 2025.
NATIONAL LEGISLATION
ENVIRONMENTAL LEGISLATION
1) National Forests Act – Regulations (Amendment)
Various amendments were made to the Regulations in terms of the Act.
2) Marine Living Resources Act
- Consultation on the Proposed Regulations relating to the Entry of Foreign Fishing Vessels into South African Waters
A consultation notice for the proposed Regulations was published for comment. An earlier draft already came out in January 2024.
3) Marine Pollution (Prevention of Pollution from Ships) Act – Amendment
The Amendment Act (36 of 2024) was published but only takes effect on a date to be fixed in the Government Gazette. Once it does so, it will add Annex IV and Annex VI of the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL Convention),
as amended by the Protocol of 1978, to the Act.
The maximum fine and sentence will then also be increased from R 500 000.00 and/or five years to R 10 million and/or ten years.
4) Biodiversity Act
- Consultation on the Draft National Elephant Heritage Strategy
This draft strategy was published for public comment.
HEALTH AND SAFETY LEGISLATION
5) Perishable Products Export Control Act
- Regulations relating to the Export of Perishable Products, 2025
These new Regulations will only enter into force on 17 July 2025 on which date they will repeal and replace the 1984 Regulations (GN R 917 of 4 May 1984).
LABOUR LEGISLATION
6) Labour Relations Act
- Draft Code of Good Practice on Dismissal
This draft Code was published for public comment.
PROVINCIAL LEGISLATION
No relevant provincial legislation was published this month.
MUNICIPAL LEGISLATION
7) Ray Nkonyeni Local Municipality
The Public Roads By-law was published.
8) King Sabata Dalinyebo Local Municipality
The Coastal Management By-law was published.
9) Ba-Phalaborwa Local Municipality
The following new relevant by-laws (besides others) were published:
- Waste Management By-laws (these repeal the 2019 by-laws)
- Road, Traffic and Safety By-laws.
10) City of Tshwane
The Air Quality Management By-law was amended. A copy of the amended by-law will be uploaded shortly to our website for legal register users.
11) Makhado Local Municipality
New By-laws for Roads, Traffic and Safety were published, and which repeal previous ones dealing with these topics.
If you have any questions, please feel free to contact us.
Kind regards
MARK DITTKE