ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT (SOUTH AFRICA) MARCH 2025                                    

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Monthly SHE and Foodstuffs Legal Newsletter of what happened in March 2025

 

Dear Clients,

Below please find a summary of selected relevant environmental, health and safety and foodstuffs legal developments that took place during March 2025.

 

NATIONAL LEGISLATION

 

ENVIRONMENTAL LEGISLATION

 

1) Integrated Coastal Management Act

Chapter 9, which dealt with appeals, was repealed on 13 March 2025, by the National Environmental Management Laws Amendment Act, 2 of 2022.

  • Integrated Coastal Management Appeal Regulations, 2016 – Repeal

These Regulations were repealed by GN R 5985 (Government Gazette 52269) on 13 March 2025.

  • Draft National Coastal Management Programme 2025

This draft programme was published for public comment.

 

2) National Environmental Management Act

Section 43(1), which deals with appeals, was amended on 13 March 2025, by the National Environmental Management Laws Amendment Act, 2 of 2022.

  • National Appeal Regulations, 2025

These new Regulations replace the 2014 National Appeal Regulations. Their purpose is to regulate the procedure contemplated in section 43 of the Act relating to the submission, processing, consideration of, and decisions on appeals in respect of the Act and any specific environmental management Act.

  • Regulations for the Management of Mercury in South Africa

These new Regulations were published on 6 February 2025 but were subsequently withdrawn on 24 February 2025 as they were never tabled in Parliament. They were now republished on 31 March 2025 and on which date they also entered into force.

 

3) Climate Change Act

This Act commenced on 17 March 2025, except for sections 12(6), 13(1), 13(2), 13(3)(b), 14(3)(a), 15(5), 15(6), 17 – 22, 25(4)(c), 26(2) – (6), 27, 28, 30(2)(a) and (b) which will only enter into force on a date to be announced in the Government Gazette.

 

4) Carbon Tax Act

The 2019 Regulations under section 19(c) of the Act were amended with effect from 1 January 2024.

 

5) Air Quality Act

  • Second-Generation Highveld Priority Area Air Quality Management Plan

The Minister published the second-generation air quality management plan for this area.

 

HEALTH AND SAFETY LEGISLATION

6) Occupational Health and Safety Act

  • General Safety Regulations

The following changes were made:

Reg 2 (Personal safety equipment and facilities): The requirement to conduct a risk assessment was slightly reworded.

Reg 13H (Housekeeping): This was copied from the Environmental Regulations for Workplaces and inserted into the General Safety Regulations.

Reg 13I (Precautions against flooding): This was copied from the Environmental Regulations for Workplaces and inserted into the General Safety Regulations.

Reg 13J (Fire precaution and means of egress): This was copied from the Environmental Regulations for Workplaces and inserted into the General Safety Regulations.

 

  • Physical Agents Regulations

These Regulations will only enter into force on 6 September 2026. They will then repeal the 1987 Environmental Regulations for Workplaces.

 

  • Noise Exposure Regulations

These Regulations will only enter into force on 6 September 2026. They will then repeal the 2003 Noise-induced Hearing Loss Regulations.

The new Regulations also contain a detailed Code of Practice for Audiometry.

 

  • Draft Construction Regulations

Draft Regulations were published for public comment. Should they enter into force they will repeal and replace the 2014 Construction Regulations.

 

  • Explosives Regulations

Annexure 1 was omitted from the Regulations when they came out in 2024 and was now added. Depending on the quantity of explosives in kg it sets out tables with various safety distances from:

  • Magazines
  • Process buildings and magazines
  • Railways, roads etc
  • Public buildings.

 

7) Foodstuffs, Cosmetics and Disinfectants Act

  • Rabbit Meat Regulations – Draft

Draft Regulations were published for public comment.

 

8) National Health Act

  • Regulations relating to the Surveillance and the Control of Notifiable Medical Conditions, 2017 – Amendment

Tables 1 to 4 of Annexure which set out four categories of medical conditions that must be notified to the Department of Health were replaced.

 

9) Liquor Products Act

  • Regulations, 1990 – Amendment

Extensive amendments were made to the Regulations.

 

10) Private Security Industry Regulation Act

  • Private Security Industry Regulations, 2002 – Draft amendments

Various draft amendments were published for public comment. These deal mainly with firearms.

 

11) Mine Health and Safety Act

  • Regulations – Amendment

Amendments were made to the Regulations in so far as these deal with:

– Rescue, First Aid and Emergency Preparedness and Response

– Occupational Hygiene

– Machinery and Equipment.

 

PROVINCIAL LEGISLATION

No relevant provincial legislation was published this month.

 

MUNICIPAL LEGISLATION

12) Emalahleni Local Municipality (Eastern Cape)

This municipality should not be confused with the Emalahleni Local Municipality in Mpumalanga.

The following new by-laws were promulgated:

  • Waste Management By-Law
  • Spatial Planning and Land Use Management By-Law
  • Electricity Supply By-law
  • Traffic By-law.

 

13) City of Johannesburg

The following new by-laws were brought out:

  • Public Roads By-law (this repeals the Parking Grounds By-law as well as Public Roads and Miscellaneous By-law)
  • Public Transport By-law (this repeals the Metered Taxi, Minibus, Midibus and Bus By-laws).

 

14) Nketoana Local Municipality

The municipality promulgated its Electricity Supply By-law.

 

15) King Sabata Dalindyebo Local Municipality

The municipality published the Way Leave By-Laws.

 

16) Matjhabeng Local Municipality

The municipality published the Way Leave By-Laws.

 

 

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

Kind regards

MARK DITTKE