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

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

Dear Clients,

We know legal updates aren’t always the most thrilling read — but we’ve done the heavy lifting so you don’t have to!

Below is your curated snapshot of the most relevant environmental, health and safety, and foodstuffs legal developments from May 2025. From new draft regulations to quirky municipal by-laws (yes, there’s a water services by-law with a time-traveling date), we’ve rounded up everything worth knowing.

Grab a coffee and dive in.

 

NATIONAL LEGISLATION

ENVIRONMENTAL LEGISLATION

1) Air Quality Act

  • DRAFT National Dust Control Regulations

Yet another draft Regulation was published for public comment. It is worth noting that the dust-fall rates (limits) for residential and non-residential remain unchanged.

 

2) National Environmental Management Act

  • Consultation on the Intention to adopt a Substation Exclusion Norm and to exclude the Development and Expansion of Transmission and Distribution Substations from the requirement to obtain an Environmental Authorization – Draft

The intention of this draft is to remove the need to obtain an Environmental Authorization when either developing or expanding transmission and distribution substations.

  • Adoption and Implementation of the Sandveld Environmental Management Framework Standard, 2025, and the Exclusion of Identified Activities from the requirement to obtain an Environmental Authorization

The Minister has adopted the Sandveld Environmental Management Framework Standard. Provided the Standard is complied with activities identified in Listing Notices 1, 2 and 3 of the EIA Regulations are excluded and no Environmental Authorisation is needed. This applies to the geographic area assessed by the Framework as indicated on the Map (Annexure 1).

The activities to which the exclusion relates is the clearance of indigenous vegetation for the cultivation of land where such clearance triggers

  • Activity 27 of Listing Notice 1
  • Activity 15 of Listing Notice 2
  • Activity 12(i) of Listing Notice 3

and any associated activity necessary for the realisation of such cultivation of land.

This does, however, exclude the development or expansion of dams, electricity generation or distribution and agri-industry facilities.

 

HEALTH AND SAFETY LEGISLATION

3)  Agricultural Products Standards Act

  • Regulations relating to the grading, packing and marking of sorghum products intended for sale in the Republic of South Africa

These new Regulations enter only into force twelve months after their date of publication, in other words on 30 May 2026.

 

4) Mine Health and Safety Act

  • Guideline for a Mandatory Code of Practice for Road and Rail Safety Management in the SA Mining Industry

The Minister published this new Guideline. All affected mines will have to draw up and implement a Code of Practice.

  • Amendment of Regulations

Chapter 8 of the 1997 Regulations (GN R 93 of 1997) deals with machinery and equipment. Regulation 8.13 was added to the chapter and introduces detailed requirements for shafts and winders.

Chapter 16 of the older Regulations (GN R 992 of 1970) was repealed at the same time as they dealt with the same topic.

 

5) Electricity Regulation Act

  • Net-Billing Rules

The objective of these new Rules is to empower licenced distributors to establish tariffs and develop terms and conditions that allow prosumers within their service areas to export any excess power back to the distribution network.

The Rules define a “prosumer” as “a customer that has entered into an agreement with a distributor and generates electricity on its side of the billing meter with a generation facility that is primarily intended to offset part or all of its electricity requirements. A prosumer specifically excludes parties that are not offsetting own consumption and may be wheeling or selling electricity to buyers”.

 

6) Compensation for Occupational Injuries and Diseases Act

The expiry date of Letters of Good Standing issued for the 2023 assessment year was once again extended, this time to 30 June 2025. This is because the Fund is high volumes of Returns of Earnings and resulting in a processing back log.

 

7) National Regulator for Compulsory Specifications Act

  • Compulsory Specification for Dried Abalone – VC 9018

This new compulsory specification was introduced but only enters into force on 23 November 2025.

 

PROVINCIAL LEGISLATION

No relevant provincial legislation was published this month.

 

MUNICIPAL LEGISLATION

8) Umzimvubu Local Municipality

The Business Licensing By-law was published, but this only takes effect on 5 November 2025.

9) City of Matlosana

The By-laws relating to the Building Control Matters in the Municipal Area were promulgated.

10) uMhlathuze Local Municipality

Yet another new Water Services By-law was published. The previous one is from 2020. It is difficult to see what the changes are as the section numbers are the same. Furthermore, the schedule setting out by-laws to be repealed is the same in both by-laws. The new by-law also does not include the 2020 by-law in the schedule. It is also noted that the by-law is published as the “Water Services By-law 2010” (sic).

It therefore appears as if the new by-law is merely an amendment (with numerous errors and oversights).

11) King Sabata Dalindyebo Local Municipality

The Fire Prevention By-law was promulgated.

 

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

 

Kind regards

MARK DITTKE