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

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

 

Dear Clients,

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

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

APRIL 2025

 

NATIONAL LEGISLATION

ENVIRONMENTAL LEGISLATION

1) Petroleum Products Act

  • Draft Regulation for Biofuels Price

Draft Regulations were published for comment.

 

2) Waste Act

  • Regulations regarding the Exclusion from the Definition of a Waste Stream – Draft amendment

In a nutshell, these 2018 Regulations make it possible for a waste generator to apply to the Minister to have a certain waste stream excluded from the various definitions of (hazardous) waste under the Waste Act. The idea is to “declassify” a waste stream so that it can either be used for alternative purposes or to have it declared as less hazardous or even non-hazardous.

Draft amendments to the Regulations were now published for comment.

  • Draft Strategy relating to the Design of Product Life Cycle, Re-Use, Controls, and Disposal of Absorbent Hygienic Products

This draft Strategy is aimed at diapers as well as feminine hygienic products.

  • National Waste Information Regulations – Draft Amendment

Various draft amendments to the Regulations were published for comment. One of the noteworthy, proposed changes is that waste transporters should register on the SA Waste Information System and submit information.

 

3) National Environmental Management Act

  • Regulations to Phase-out the Use of Persistent Organic Pollutants (2019)

Minor amendments were made to these Regulations to remove certain waste requirements (which presumably will then be dealt with under waste legislation).

  • Regulations Prohibiting the Production, Distribution, Import, Export, Sale and Use of Persistent  Organic Pollutants that are listed by the Stockholm Convention on Persistent Organic Pollutants (2021)

A minor amendment was made to the definition of “listed substance” in the Regulations.

 

4) National Radioactive Waste Disposal Institute Act

  • Regulations on the Format of an Application for a Radioactive Waste Disposal Certificate

These new Regulations contain the application form to be used when applying for a radioactive waste disposal certificate.

 

5) Air Quality Act

  • Notice of intent to amend and expand the boundaries of the declared Vaal Triangle Air-Shed Priority Area

This area was originally declared an air-shed priority area in 2006. This notice proposes to amend and expand the boundaries of the area.

 

HEALTH AND SAFETY LEGISLATION

6) Hazardous Substances Act

The following laws under this Act will be repealed on 4 October 2025:

  1. Declaration of Group I, Category A Hazardous Substances, GN R 452 of 25 March 1977
  2. Regulations regarding the Declaration of Carbon Tetrachloride as a Group I, Category A Hazardous Substance, GN R 1705 of 3 November 1995
  • Declaration of Group I, Category B Hazardous Substances, GN R 1381 of 12 August 1994
  1. Declaration of Group II Hazardous Substances, GN R 1382 of 12 August 1994.

Laws i and ii will be replaced by a new Group I, Category A, Hazardous Substances Declaration (GN 6093 of 2025).

Law iii will be replaced by a new Group I, Category B Hazardous Substances Declaration (also set out in GN 6093 of 2025).

Law iv will be replaced by a new Group II Hazardous Substances Declaration (also set out in GN 6093 of 2025).

 

7) Electricity Regulation Act

  • Draft Electricity Transmission Infrastructure Regulations

Draft Regulations were published for public comment.

 

PROVINCIAL LEGISLATION

Western Cape Province

8) National Heritage Resources Act, 25 of 1999

  • Western Cape Regulations, PN 298 of 2003

These provincial Regulations make provision for structures that are more than 60 years old not to be identified as having any cultural significance after a survey was done. Heritage Western Cape now published a notice of exemption from the need to obtain a permit (for any alterations, demolitions etc) if a structure older than 60 years has no cultural significance. This applies only to the City of Cape Town.

The inventory may be accessed on the map-viewer of the City of Cape Town at https://citymaps.capetown.gov.za/EGISViewer/ (heritage inventory layer).

No other relevant provincial legislation was published this month.

 

MUNICIPAL LEGISLATION

9) Dihlabeng Local Municipality

Proposed amendments were published to the following by-laws:

  • Control of Street Vendors, Peddlers and Hawkers
  • Building Control
  • Cemeteries and Crematoria
  • Commonages
  • Dumping and Littering
  • Electricity Supply
  • Encroachment on Property
  • Environmental Management
  • Fire and Emergency Services
  • Fresh Produce Market
  • Funeral and Funeral Undertakers
  • General Street
  • Impoundment of Animals
  • Informal Settlements
  • Keeping of Animals
  • Libraries
  • Numbering of Buildings
  • Parking of Vehicles on Public Roads
  • Public Swimming Pools
  • Refuse Removal
  • Sporting Facilities
  • Storm Water
  • Street Trading
  • Unsightly and Neglected Buildings
  • Waste Management
  • Water Services
  • Outdoor Advertising
  • Municipal Land Use Planning.

 

10) Dr Nkosazana Dlamini Zuma Local Municipality

The following were promulgated:

  • Business Licensing By-law
  • Fire Fighting By-laws.

 

11) City of uMhlathuze Local Municipality

The Air Quality Management By-law was published, but this will only enter in force on 17 October 2025.

 

12) Rustenburg Local Municipality

The Noise Pollution Control By-law was published.

 

13) City of Tshwane

The Land Use Management By-law was amended.

 

 

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

Kind regards

MARK DITTKE