ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT
(SOUTH AFRICA), 5th of November 2025
Dear Clients,
October’s been busy on the legal front — South Africa’s lawmakers have been stirring the regulatory pot like chefs at a compliance buffet. From new rules on who can deliver your drinking water (Water Services Amendment Bill) to fresh climate-conscious environmental approvals (National Environmental Management Act) and updated health standards (National Health Act), it seems everyone’s been hard at work keeping taps, crops, and consciences spotless.
Municipalities joined in too, regulating everything from air quality to public behaviour with a flourish of by-laws.
Meanwhile, hazardous substances got a makeover — old declarations repealed, new ones adopted (Hazardous Substances Act updates), and carbon tetrachloride finally shown the door.
In short: October was all about clearer water, safer substances, and a little extra paperwork to keep us all in line.
From water to waste, rules to renaming, the legal landscape has never been this well-watered.
Below please find a summary of selected relevant environmental, health and safety and foodstuffs legal developments that took place during October 2025
or download here: Monthly SHE and Foodstuffs Legal Newsletter of what happened in October 2025
NATIONAL LEGISLATION
ENVIRONMENTAL LEGISLATION
1) Water Services Amendment Bill
An amendment Bill for the Water Services Act was published for public comment. According to its memorandum the Bill seeks to provide for the following:
(a) Effective service delivery while supporting government’s transformational objectives;
(b) the regulation of the water and sanitation sector, and support for water services institutions;
(c) the regulation of standards for the quality of drinking water;
(d) the governance of water boards in line with the Presidential Review Committee on State-Owned Enterprises and National Guideline for the appointment of persons to Boards and Chief Executive Officers of State-Owned and State-Controlled Institutions;
(e) the licensing of water services providers, and support the water services authority to ensure its providers meets national norms and standards relating to the provision of water services;
(f) the enhancement of monitoring and enforcement by issuing directives aimed at rectifying the persistent failure of water services institutions to comply with the Act; and
(g) further penalties where there is non-compliance with the provisions of the Act.
2) National Environmental Management Act
- Consultation on intention to publish the National Guideline for consideration of Climate Change Implications in Applications for Environmental Authorisations, Atmospheric Emission Licences and Waste Management Licences
An earlier consultation paper was published for public comment in June 2021. Should it be approved then potential or actual climate change implications caused by atmospheric emissions or waste management activities for which a licence is needed must be considered as part of the EIA application process.
Any climate change assessment and decision made on an application for an environmental authorisation or the two licences will have to take an assigned carbon budget and the contents of a mitigation plan into account, once sections 26(2) – (6) and section 27 of the Climate Change Act, 2024, are in operation and the requisite regulations are promulgated, to ensure there is no conflict with any such carbon budgets and mitigation plans.
HEALTH AND SAFETY LEGISLATION
3) Agricultural Products Standards Act
- Regulations relating to the Management Control System in respect of the Sale and Export of certain Agricultural Products
These Regulations will only enter into force on 19 September 2026.
A management control system in connection with the sale and export of certain agricultural products (undefined, so presumably any product governed by the Act) may only be used if applied for and approved by the Executive Officer. It must also be labelled and audited.
A “management control system” is defined in the Regulations as “a method of production that may be claimed through the use of a name, word, expression, reference, particulars, or indication in any manner, either by itself or in conjunction with any other verbal, written, printed, illustrated or visual material”.
4) Hazardous Substances Act
As already mentioned in the April 2025 update report, the following laws were set to be repealed on 4 October 2025:
- Group I Hazardous Substances declaration, GN R 452 of 1977
- Group I Hazardous Substances declaration amendment, GN R 1381 of 1994
- Group II Hazardous Substances declaration, GN R 1382 of 1994
- Regulations regarding the declaration of Carbon Tetrachloride as a Group I Category A Hazardous Substance, GN R 1705 of 1994.
The following new laws were passed in terms of the Act:
- Declaration of Group I, Category A Hazardous Substances, GN 6093 of 2025
- Declaration of Group I, Category B Hazardous Substances, GN 6093 of 2025
- Declaration of Group II Hazardous Substances, GN 6093 of 2025.
Laws i and iv were replaced by the new Group I, Category A Hazardous Substances Declaration (GN 6093 of 2025).
Law ii was replaced by the new Group I, Category B Hazardous Substances Declaration (also set out in GN 6093 of 2025).
Law iii was replaced by the new Group II Hazardous Substances Declaration (also set out in GN 6093 of 2025).
5) National Health Act
- National Environmental Health Norms and Standards
New Norms and Standards were published which replace the 2015 National Environmental Health Norms and Standards for Premises and Acceptable Monitoring Standards for Environmental Health Practitioners.
PROVINCIAL LEGISLATION
No relevant provincial legislation came out this month.
MUNICIPAL LEGISLATION
6) uMhlathuze Local Municipality
The Air Quality Management By-law was passed in April 2025 but only entered in force on 17 October 2025.
Annexure B sets out 47 scheduled trades/activities which require a permit from the municipality.
7) Garden Route District Municipality
The draft Fire Safety By-law relating to Veld, Mountain and Chemical Fires was published for public comment.
8) uMngeni Local Municipality
The municipality promulgated its Problem Property Policy.
9) Matzikama Local Municipality
A notice of intention to adopt the Integrated Zoning Scheme By-law was published.
10) eDumbe Local Municipality
The Nuisances and Behaviour in Public Places By-law was promulgated.
If you have any questions, please feel free to contact us.
Kind regards
MARK DITTKE