ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT
(SOUTH AFRICA)
2nd of September 2025
Monthly SHE and Foodstuffs Legal Newsletter of what happened in August 2025
Dear Clients,
Below please find a summary of selected relevant environmental, health and safety and foodstuffs legal developments that took place during August 2025.
NATIONAL LEGISLATION
ENVIRONMENTAL LEGISLATION
1) Climate Change Act
- Draft National Greenhouse Gas Carbon Budget and Mitigation Plan Regulations (including the Declaration of the List of Greenhouse Gases and Activities)
On 1 August 2025, the Department of Forestry, Fisheries and the Environment issued Government Notice 6476 in Government Gazette 53191, introducing the draft National Greenhouse Gas Carbon Budget and Mitigation Plan Regulations. These regulations also present the List of Greenhouse Gases and Activities, which has been made available for public comment. Individuals and organisations are encouraged to submit feedback within 60 days of the notice’s publication.
Additionally, the Department released draft Technical Guidelines for the National Greenhouse Gas Carbon Budget and Mitigation Plan Regulations under Government Notice 6477.
The draft regulations are designed to support the implementation of sections 27 and 30(2)(a)(i) of the Climate Change Act (22 of 2024). These sections require the Minister responsible for Environmental Affairs to develop regulations addressing the allocation of carbon budgets, as well as the determination, review, compliance, and enforcement of these budgets, and the operation of mitigation plans.
According to the draft regulations, any data provider—defined as a person conducting a Listed Activity that exceeds specified annual CO2-eq emission thresholds—will be allocated a Carbon Budget. These providers must also submit Mitigation Plans outlining the steps they will take to ensure their emissions remain within the assigned Carbon Budget.
The draft regulations include provisions detailing offences and penalties for non-compliance, emphasising the importance of adhering to the established carbon budgets and mitigation requirements.
2) National Environmental Management Act
- Draft Regulations to Prohibit the Use, Production, Distribution, Sale, Import and Export of Plastic Microbeads, and Products containing Microbeads
Microbeads are defined as tiny, solid plastic particles less than 5 mm in size used in various products such as cosmetics, personal care items, pesticides, toiletries and cleaning products. These include synthetic polymer microparticles for use as an abrasive, namely to exfoliate, polish or clean. The draft Regulations aim to prohibit their use, production, distribution, sale, import and export.
3) Marine Living Resources Act
- Regulations relating to the Entry of Foreign Fishing Vessels into South African Waters
The Minister passed these new Regulations.
4) Integrated Coastal Management Act
- Regulations for the Environmental Management of Offshore Ship-to-Ship Transfer
These new Regulations were published.
5) Waste Act
- National Policy for the Management of Waste Electrical and Electronic Equipment
According to the Executive Summary, the vision of the Policy is to be designed as a robust, integrative, harmonising and comprehensive framework for the sustainable management of all types of WEEE in South Africa and benefit all South Africans. The Policy aims to ensure the efficient, equitable, inclusive, and financially sustainable management of all WEEE that is safe for the environment, protects human health and furthers Circular Economy principles based on social and technical development opportunities in South Africa.
- Strategy for Reducing Food Losses and Waste 2025-2030
The DFFE published this strategy.
6) Air Quality Act
- List of Activities which result in Atmospheric Emissions which have or may have a Significant Detrimental Effect on the Environment, including Health, Social Conditions, Economic Conditions, Ecological Conditions or Cultural Heritage, 2013 – Draft Amendment
This list sets out the various identified activities requiring an atmospheric emission licence and the associated thresholds. A draft amendment was published for public comment and which aims to include various new activities, alternatively to amend some of the existing ones. The deadline is 28 September 2025.
A copy of the draft can be downloaded from the government’s website (https://www.gov.za/sites/default/files/gcis_document/202508/53241rg11876gon6548.pdf). The subcategories which are underlined represent additions or amendments.
HEALTH AND SAFETY LEGISLATION
7) Occupational Health and Safety Act
- DRAFT General Machinery Regulations
DRAFT Regulations were published for public comment (the deadline is 19 November 2025). Should they enter into force they will repeal the 1988 Regulations. A copy can be downloaded from the Department of Employment and Labour’s website (www.labour.gov.za).
The major proposed changes are:
- New definition of “competent person”:
(a) successfully completed an apprenticeship or accredited learnership in an engineering trade which included the operation and maintenance of machinery, or has had at least five years’ practical experience in the operation and maintenance of machinery, and who during or subsequent to such apprenticeship, learnership or period of practical experience, as the case may be, has had not less than one year’s experience in the operation, maintenance and safety appropriate to the class of machinery he or she is required to supervise;
(b) has obtained a qualification in either the mechanical or electrical (heavy current/Power) engineering fields of at least NQF Level 6, or of an equivalent level, and who subsequent to achieving such qualification has had not less than two years’ practical experience in the operation, maintenance and safety appropriate to the class of machinery he or she is required to supervise;
(c) is a certificated engineer.
Currently there are four categories in the 1988 Regulations.
- The thresholds for when either a category (a), (b) or (c) competent person must be appointed were also changed:
Reg 2(4) (a) If-
(i) the sum of the power generated by machinery on or in the premises in question and the power derived from other sources such as Hydro, Wind and PV power generations, including the generation of steam for process purposes, is 1500 kW or less, the person designated in terms of subregulation (1) shall be a person as referred to in paragraph (a), (b), or (c) of the definition of “competent person”;
(ii) the sum of the power generated by machinery on or in the premises in question and the power derived from other sources such as Hydro, Wind and PV power generations, including the generation of steam for process purposes, exceeds 1500kW, but is less than 5000 kW, the person designated in terms of subregulation (1) shall be a person as referred to in paragraph (b), or (c) of the definition of “competent person”;
(iii) any such sum is 5000 kW or more, the person so designated shall be a person as referred to in paragraph (c) of the said definition.
(b) For the purpose of paragraph (a), the power derived from the generation of steam by any particular steam generator shall be calculated in kW by dividing the manufacturer’s rated evaporative capacity (in kg of water per hour at 100°C) by 21 or, in the absence of any such rated evaporative capacity, by multiplying the heating surface of that steam generator (in m²) by 0,8.
Reg 2(5) If, in the case where machinery on or in the premises in question is used solely for the generation and distribution of electricity–
(a) the maximum demand over any continuous period of 30 minutes is 5000 kVA or less, the person designated in terms of sub-regulation (1) shall be at least a person as referred to in paragraph (a), (b) or (c) of the definition of “competent person” and registered as an installation electrician in terms of regulation 11 (2) of the Electrical Installation Regulations, promulgated under Government Notice R.242 of 6 March 2009;
(b) any such demand exceeds 5000 kVA, but is less than 15000 kVA the employee so designated shall be a person as referred to in paragraph (b) or (c) of the said definition;
(c) any such demand is 15000 kVA or more, the employee so designated shall be a person as referred to in paragraph (c) of the said definition.
8) Administrative Adjudication of Road Traffic Offences Act
This Act will partially commence on 1 September 2026, although so far only sections 24 to 28.
In addition, sections 17 to 20, 23, 29 to 35 will either commence on 1 December 2025 in 69 metros and municipalities, and 1 April 2026 in 144 other municipalities.
The sections relate to the general rollout of the system, outlining the processes for infringement notices and penalties and other regulations that give effect to the system.
The sections enabling the driving demerit system will only commence on 1 September 2026, but this will be nationwide. This system will allocate demerit points for traffic infringements, leading to licence suspensions or cancellations if drivers accumulate too many points.
9) Agricultural Product Standards Act
- Regulations relating to Rooibos and Green Rooibos Products intended for Sale in the RSA
Draft Regulations were published for comment.
- Regulations relating to Classification, Packing and Marking of Dairy and Imitation Dairy Products
Draft amendments to the Regulations were published for public comment.
- Agricultural Product Standards Amendment Act, 12 of 2023
This Act entered into force on 22 August 2025 and made minor amendments to the Act.
PROVINCIAL LEGISLATION
10) North West Province
The Draft North West Biodiversity Amendment Bill was released for public input.
MUNICIPAL LEGISLATION
11) City of Johannesburg Metropolitan Municipality
A notice for request of public comments on the amendment of the Waste Management By-law was published.
12) Hantam Local Municipality
The By-law Relating to Electricity Supply was published.
13) Bergrivier Local Municipality
The municipality promulgated these two new by-laws:
- Air Quality By-law (which also repeals the 2013 Air Pollution Control By-law)
- Coastal Access Land By-law.
14) Lekwa Local Municipality
Waste Water By-laws were passed.
15) Hantam Local Municipality
The By-law relating to Electricity Supply was promulgated.
16) Midvaal Local Municipality
The following changes or drafts were made:
- Draft Culture, Sports and Recreation By-law
- Establishment of the Environmental Management By-law
- Review of the Waste Management By-law
- Draft Public Amenities By-law
- Draft Cemetery and Crematoria By-law.
17) uMgungundlovu District Municipality
The municipality passed its Fire Safety By-law.
18) City of Cape Town Metropolitan Municipality
The Municipal Planning By-law of 2015 was amended.
19) Newcastle Local Municipality
The Building By-law from 2018 was replaced by a new one.
20) Moretele Local Municipality
The following draft by-laws were published:
- Draft Waste Management By-law
- Draft Spatial Planning and Land Use Management By-law.
21) Maluti-a-Phofung Local Municipality
The municipality promulgated its Electricity Supply By-law.
If you have any questions, please feel free to contact us.
Kind regards
MARK DITTKE