As the mercury climbs, the southeaster whips around like it’s training for a marathon, and everyone counts down the days to their well-earned December break, we bring you November’s Environmental, Health & Safety and Foodstuffs Legal Update.
Even with schools closed and holiday traffic already building, November delivered a full basket of legal activity. Nationally, the spotlight fell on onshore petroleum exploration, with several draft regulations and minimum information requirements released for public comment—covering fracturing technology, baseline monitoring, and even draft well-decommissioning guidelines aimed at preventing contamination and ensuring safe closure of exploration sites. Biodiversity matters also made the news with a proposed zero export quota for lion bones from captive breeding facilities in 2025. Meanwhile, the Electricity Transmission Infrastructure Regulations received a correction update, and the abalone protection regulations saw amendments.
On the municipal front, councils across the country have clearly not taken early holidays: from new traffic offence by-laws in Mossel Bay, to business licensing, waste management, fire brigade, nuisance, advertising, building control, problem buildings, stormwater, and water and sanitation by-laws popping up in municipalities from Umzimvubu to Ekurhuleni. Gamagara, in particular, released an entire buffet of draft by-laws covering everything from heritage resources to animal-related nuisances.
So before you head off with your cooler box, wide-brimmed hat and emergency wind clips for your beach umbrella, here’s your detailed, heat-proof, flame-retardant, and gust-resistant look at November’s legal developments.
Enjoy the read—and may your paperwork stay exactly where you left it.
ENVIRONMENTAL, HEALTH AND SAFETY AND FOODSTUFFS LEGAL UPDATE REPORT
(SOUTH AFRICA), 4th of December 2025
Monthly SHE and Foodstuffs Legal Newsletter of what happened in November 2025
Dear Clients,
Below please find a summary of selected relevant environmental, health and safety and foodstuffs legal developments that took place during November 2025.
NATIONAL LEGISLATION
ENVIRONMENTAL LEGISLATION
1) National Environmental Management Act
- Draft Regulations for the Exploration and Production of Onshore Petroleum Resources Requiring Fracturing Technology
Draft Regulations were published for public comment.
- Draft Minimum Information Requirements for the Exploration and Production of Onshore Petroleum Using Fracturing Technology
These draft minimum information requirements were published simultaneously with the above draft Regulations.
- Draft Minimum Information Requirements for Baseline Monitoring for Onshore Exploration Operations
These draft minimum information requirements were published simultaneously with the above draft Regulations.
- Consultation on the Intention to Onshore Well Decommissioning Guidelines
These draft guidelines were issued by PetroSA for public comment and are in support of the draft Regulations Pertaining to the Exploration and Production of Onshore Oil and Gas Requiring Hydraulic Fracturing. They set out minimum standards for permanent and temporary abandonment of wells, barrier design, placement and verification requirements, environmental risk assessments and submission procedures for regulatory approval. Requirements for the prevention of hydrocarbon leakage, cross-flow between formations and contamination of freshwater aquifers are also addressed, so too legacy wells.
2) Biodiversity Act
- Notice of intention to set a Zero Export Quota for Trade in Lion Bones sourced from Captive Breeding Operations in South Africa for the 2025 calendar year
This notice was published for comment.
3) Electricity Regulation Act
- Electricity Transmission Infrastructure Regulations – Correction Notice
The Regulations published on 31 October 2025 were replaced with a new version to correct previous errors. They are aimed at government and set out various powers and duties for the Minister of Electricity and Energy. Government buyers and procurers of transmission infrastructure are also regulated.
4) Marine Living Resources Act
- Regulations for the Protection of Wild Abalone – Amendment
An amendment to the Regulations was published.
HEALTH AND SAFETY LEGISLATION
5) Merchant Shipping Act
- Draft Merchant Shipping (Life-Saving Equipment and Fire Appliances) Regulations
Draft Regulations were published for comment. In the event of them entering into force the Life-Saving Equipment Regulations, GN R 141 of 1968, will be repealed.
PROVINCIAL LEGISLATION
No relevant provincial legislation came out this month.
MUNICIPAL LEGISLATION
6) Umzimvubu Local Municipality
The Business Licencing By-law was passed.
7) Mossel Bay Local Municipality
The municipality introduced the following changes:
- Repeal of the 2010 By-law relating to Traffic and Parking by the new By-law Relating to Traffic Offences, 2025
- Promulgation of the new By-law relating to Traffic Offences.
8) Victor Khanye Local Municipality
These new by-laws were published:
- ICT Wayleave By-law
- Building Control By-law
- Outdoor Advertising By-law.
9) eMalahleni Local Municipality
The Business Licence By-law was passed.
10) Sakhisizwe Local Municipality
The following relevant new by-laws were promulgated:
- Building Control By-law
- Law Enforcement By-law
- Prevention of Nuisance By-Law
- Refuse Removal By-law
- Unsightly Neglected Buildings By-law 2025.
11) uMsinga Local Municipality
The Waste Management By-law was published.
12) Ingquza Hill Local Municipality
The municipality published its Environmental Management By-Law.
13) Msukaligwa Local Municipality
- New Fire Brigade Service By-laws were passed repealing those from 2005.
- Nuisances and Behaviour in Public Places By-laws were published.
14) Gamagara Local Municipality
A suite of draft by-laws came out for public comments. For purposes of this update report the following are relevant:
- Fire Safety By-law
- Outdoor Advertising and Signage By-law
- Electricity Supply By-law
- Heritage Resources and Cultural Institutions By-laws
- By-law Relating to the Prevention of Public Nuisances and Nuisances Arising from the Keeping of Animals
- By-law Relating to Roads and Streets
- Solid Waste Disposal By-law
- Stormwater Management By-law
- By-law Relating to Water Supply, Sanitation and Industrial Effluent.
15) Ekurhuleni Metropolitan Municipality
A draft Problem Buildings By-law was released for comment.
16) Midvaal Local Municipality
The draft Spatial Planning and Land Use Management By-Law was published for comment.
If you have any questions, please feel free to contact us.
Kind regards
MARK DITTKE