BIODIVERSITY ACT: DRAFT BIODIVERSITY MANAGEMENT PLAN FOR BLACK RHINOCEROS AND WHITE RHINOCEROS  

Title: National Environmental Management: Biodiversity Act 10 of 2004 (“NEMBA”): Consultation on the Draft Biodiversity Management Plan for Black Rhinoceros (Diceros bicornis) and White Rhinoceros (Ceratotherium Simum) in South Africa 

Government Notice: GN 4980 in GG 50829 of 18 June 2024 

Deadline for public comments: 18 July 2024 

On 18 June 2024, the Minister of Forestry, Fisheries and the Environment, in terms of sections 43(1)(b), 43(3), 99 and 100 of the NEMBA, published the draft Biodiversity Management Plan (“BMP”) for the Black Rhinoceros (Diceros bicornis) and White Rhinoceros (Certatotherium simum) in South Africa, for public comment. 

The vision of the draft BMP is to ensure that: 

“Thriving national herds of wild black and white rhino are valued, promote conservation, and people benefit from their inclusive sustainable use, with the associated goal that will aim to cooperatively manage a viable, secure and expanding national metapopulation of both species of indigenous rhino in order to contribute to national biodiversity objectives, meet a range of societal values, and advance transformation through inclusive ownership, meaningful participation and broad beneficiation”. 

Once finalised, the Minister attends to assign the responsibility for implementation of the draft BMP to the Department of Forestry, Fisheries and the Environment supporting by the National Rhino Conservation Co-ordinating Committee. 

WASTE ACT: CONSULTATION ON DRAFT NATIONAL POLICY FOR THE MANAGEMENT OF ELECTRICAL WASTE 

Title: National Environmental Management: Waste Act 59 of 2008 (“NEMWA”): Consultation on Draft National Policy for the Management of Waste Electrical and Electronic Equipment 

Government Notice: GN 4983 in GG 50835 of 19 June 2024 

Deadline for public comments: 19 July 2024 

On 19 June 2024, the Minister of Forestry, Fisheries and the Environment in terms of sections 72 and 73 of the NEMWA published the draft Waste from Electrical and Electronic Equipment National Management Policy (draft WEEE policy) for public comment. 

The draft WEEE policy aims to provide a robust, integrative and comprehensive policy framework that leads to the safe and sustainable management of all WEEE in South Africa and that is evidence-based, transparent and inclusive.  

NEMA: EXTENSION OF THE COMMENCEMENT DATE OF THE REGULATIONS TO DOMESTICATE ROTTERDAM CONVENTION REQUIREMENTS FOR HAZARDOUS CHEMICALS 

Title: National Environmental Management Act, 107 of 1998: Extension of the Commencement Date of the Regulations to Domesticate the Requirements of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, 2023 

Gazette reference: GN 4961 in GG 50802 of 11 June 2024 

Commencement date: 2 April 2026 

The Minister of Forestry, Fisheries and the Environment in terms of sections 25(3) and 44 of the National Environmental Management Act, extended the commencement date of the Regulations to domesticate the requirements of the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in the international trade, 2023 to commence on 2 April 2026. 

PROPOSED AMENDMENT OF NATIONAL BUILDING REGULATION FOR ENVIRONMENTAL SUSTAINABILITY: ENERGY EFFICIENCY  

Title: National Building Regulations and Building Standards Act 103 of 1997: Proposed Amendment of National Building Regulation for the Environmental Sustainability of Buildings: The Section XA Deals with Energy Efficiency of Buildings 

Gazette reference: GN 2541 in GG 50747 of 3 June 2024 

Deadline for public comments: 5 August 2024 

On 3 June 2024, the Minister of Trade, Industry and Competition announced the intention to introduce technologically neutral requirements for energy usage in buildings to the National Building Regulations Part A: General Requirements. The new requirements specifically relate to sub-regulation XA2 and XA3 for the Energy Efficiency of Buildings which relate to, amongst others, hot water systems. 

Members of the public can submit written comments by 5 August 2024. 

PROPOSED AMENDMENT TO NATIONAL BUILDING REGULATION FOR ENVIRONMENTAL SUSTAINABILITY  

Title: National Building Regulations and Building Standards Act 103 of 1997: Proposed Amendment of National Building Regulation for the Environmental Sustainability of Buildings 

Gazette reference: GN 2540 in GG 50747 of 3 June 2024 

Deadline for public comments: 5 August 2024 

On 3 June 2024, the Minister of Trade, Industry and Competition announced the intention to introduce technologically neutral requirements for the energy usage in buildings into Part A: General Requirements of the National Building Regulations. 

The amendments relate to the proposed inclusion of photovoltaic systems in regulations A7 (layout drawings) and regulation AZ2 (definitions). 

Members of the public are invited to submit comments by 5 August 2024. 

NEMA: BIODIVERSITY ACT: PUBLICATION OF THE DRAFT BIODIVERSITY BILL FOR COMMENTS 

Title: National Environmental Management: Biodiversity Act, 10 of 2004 (“NEMBA”): Publication of the Draft National Environmental Management: Biodiversity Bill for Public Comment 

Gazette reference: GN 4887 in GG 50706 on 24 May 2024 

Deadline for public comments: 23 July 2024 

On 23 May 2024, the Minister of Forestry, Fisheries and the Environment published the draft National Environmental Management: Biodiversity Bill (“the Bill”) for public comments.  

The Bill will enable: 

  • More effective implementation of the NEMBA’s objectives; 
  • More flexible management of species and ecosystems; 
  • Greater protection for species and ecosystems through the implementation of international agreements and restrictions on wildlife trafficking; and 
  • More effective achievement of economic benefits in the biodiversity sector. 

The Bill’s primary purposes are, among others, to: 

  • Provide for the conservation and sustainable use of ecosystems and species; 
  • Provide for the duty of care towards all components of biodiversity and for the well-being of wild animals; 
  • Provide for the development and alignment of biodiversity planning tools; 
  • Provide for the management of invasive species; 
  • Address historical imbalances, enable and facilitate transformation, facilitate cultural practices and achieve equity within the biodiversity sector; 
  • Provide for appropriate measures in response to climate change. 

PROPOSED REGULATIONS FOR PRIORITY AREA AIR QUALITY MANAGEMENT PLANS  

Title: National Environmental Management: Air Quality Act 39 of 2004 (“NEMAQA”): Consultation on the Proposed Regulations for Implementing and Enforcing Priority Area Air Quality Management Plans 

Gazette reference: GN 4843 in GG 50668 of 17 May 2024 

Commencement date: 17 June 2024 

On 10 May 2024, the Minister of Forestry, Fisheries and the Environment under section 20 of the NEMAQA published the Regulations for implementing and enforcing priority area air quality management plans (“the Regulations”). 

The Regulations set out necessary requirements for implementing and enforcing any approved priority area air quality management plans. They provide for: 

  • Mandatory requirements for applications, such as the inclusion of measurable emission reduction targets; 
  • Mechanisms for the government to receive reporting and evaluate the effectiveness of plans; 
  • Transitional arrangements; 
  • Enforcement measures and penalties. 

The Regulations will apply to all key stakeholders identified to be significant contributors to poor air quality in the respective air quality management plans, including listed activities; contrlled emitters; mining operations and government stakeholders. 

HAZARDOUS SUBSTANCES ACT: DECLARATION OF LEAD IN PAINT AS A GROUP II HAZARDOUS SUBSTANCE 

Title: Hazardous Substances Act 15 of 1973: Declaration of Lead in Paint as a Group II Hazardous Substance 

Gazette reference: GN 4831 in GG 50665 of 17 May 2024 

Commencement date: 17 May 2025 

On 17 May 2024, the Minister of Health, in terms of section 2(1) of the Hazardous Substances Act (“HSA”), declared leaded paint or coating material to be a Group II hazardous substance, repealing the declaration of leaded paint as a Group I hazardous substance. The declaration will come into effect one year after the date of publication. 

COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES: VARIOUS REGULATIONS FOR COMMENTS 

Title: Compensation for Occupational Injuries and Diseases Act 130 of 1993: Various Regulations for Public Comments 

Gazette reference: GN 4836 in GG 50668 of 17 May 2024 

Deadline for public comments: 17 June 2024 

On 17 May 2024, the Minister of Employment and Labour, in terms of section 97 of the COIDA, published Regulations for public comment. 

These Regulations are related to: 

  • Prescription period of claims; 
  • Inspections in terms of Chapter XA (Inspection, Compliance and Enforcement); and 
  • Third parties who transact with the Compensation Fund in relation to the administration of the COIDA in terms of section 73(4). 

Members of the public can submit written comments by 17 June 2024 to Sifiso.Dlamini@labour.gov.za

COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT: REGULATIONS FOR PUBLIC COMMENT 

Title: Compensation for Occupational Injuries and Diseases Act 130 of 1993 (“COIDA”): Regulations for Public comments 

Gazette reference: GN 4813 in GG 50646 of 10 May 2024 

Deadline for public comments: 10 June 2024 

On 10 May 2024, the Minister of Employment and Labour, after consultation with the Compensation Board, in terms of section 97 of the COIDA, published Regulations for public comment. 

These Regulations are issued exclusively regarding the following: 

  • Prescription period of claims; 
  • Inspections in terms of Chapter XA (Inspection, Compliance and Enforcement); and 
  • Third parties who transact with the Compensation Fund in relation to the administration of the COIDA in terms of section 73(4). 

Members of the public can submit written comments by 10 June 2024 to Sifiso.Dlamini@labour.gov.za.  

AMENDMENTS TO MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS 

Title: Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”): Publication of the Amendments to the Mineral and Petroleum Resources Development Regulations 75 and 76 for Implementation 

Gazette reference: GN 4789 in GG 50623 of 7 May 2024 

Commencement date: 7 May 2024 

On 7 May 2024, the Minister of Mineral Resources and Energy amended the Mineral and Petroleum Resources Development Regulations, 2004. 

The amendments relate to application fees for permission, permits, rights and appeals. 

NATIONAL ENVIRONMENTAL MANAGEMENT ACT: CONSULTATION ON THE INTENTION TO ADOPT A STANDARD FOR THE DEVELOPMENT AND EXPANSION OF ELECTRICITY TRANSMISSION 

Title: National Environmental Management Act, 1998 (Act No. 107 of 1998): Adoption of the Battery Storage Exclusion Norm and Exclusion of Identified Activities Associated with the Development and Expansion of Battery Storage Facilities from the Requirement to Obtain an Environmental Authorisation  

Gazette reference: GN 4557 in GG 50387 of 27 March 2024 

Commencement date: 27 March 2024 

On 27 March 2024, the Minister of Forestry, Fisheries and the Environment adopted the Norm for the Exclusion of Identified Activities Associated with the Development and Expansion of Battery Storage Facilities in Areas of Low or Medium Environmental Sensitivity (“the Norm”), and excluded certain activities identified in terms of section 24 of the NEMA from the requirement to obtain an environmental authorisation, based on compliance with the Norm. 

The exclusion will only apply to activities identified in terms of section 24(2)(a) and (b) of the NEMA, subject to compliance with the Norm, while the requirements of any other relevant legislation remain applicable.  

The activities which are subject to exclusion relate to the development or expansion of battery storage facilities associated with: 

  • Energy generation; and 
  • Electricity transmission and distribution infrastructure. 

The full list of excluded activities can be read in the Norm. 

NATIONAL ENVIRONMENTAL MANAGEMENT ACT: CONSULTATION ON THE INTENTION TO ADOPT A STANDARD FOR THE DEVELOPMENT AND EXPANSION OF ELECTRICITY TRANSMISSION 

Title: National Environmental Management Act, 1998 (Act No. 107 of 1998): Consultation on the Intention to Adopt a Standard for the Development and Expansion of Electricity Transmission and Distribution Power Line Infrastructure and to Exclude this Infrastructure from the Requirement to Obtain an Environmental Authorisation; as well as to Repeal the Standard for the Development and Expansion of Power Lines and Substations within Identified Geographical Areas and the Exclusion Based on this Standard, Published under Government Notice No. 2313 in Government Gazette No. 47095 of 27 July 2022 

Gazette reference: GN 4586 in GG 50417 of 28 March 2024 

Deadline for public comments: 29 April 2024 

On 28 March 2024, the Minister of Forestry, Fisheries and the Environment announced her intention to adopt the Standard for the Development and Expansion of Electricity Transmission and Distribution Power Line Infrastructure, 2024 and to exclude certain activities identified in terms of section 24(2)(a) and (b) of the NEMA from the requirement to obtain environmental authorisation, based on compliance with the Standard.  

The exclusion from the requirement to obtain environmental authorisation applies to the development and expansion of the following activities –  

  • Listing Notice 1 (the Environmental Impact Assessment Regulations Listing Notice 1 of 2014) 5.1.1 Activity 11; 5.12. Activity 47; or 5.2 
  • Listing Notice 2 (the Envrironmental Impact Assessment Regulations Listing Notice 2 of 2014): 5.2.1. Activity 9; and 
  • Any activity identified in Listing Notice 1, 2 or 3 necessary for the realisation of such infrastructure in areas identified by the screening tool as being of medium or low environmental sensitivity. 

INTEGRATED COASTAL MANAGEMENT ACT: DRAFT WATER QUALITY GUIDELINES PUBLISHED 

Title: National Environmental Management Act: Integrated Coastal management Act, 2008 (Act No. 24 of 2008): Draft South African Water Quality Guidelines for Coastal Marine Waters – Volume 1: Natural Environment and Mariculture Use  

Gazette reference: GN 4527 in GG 50311 of 22 March 2024 

Deadline for public comments: 29 April 2024 

On 22 March 2024, the Minister of Forestry, Fisheries and the Environment published for public comment, the South African Water Quality Guidelines for Coastal Marine Waters – Volume 1: Natural Environment and Mariculture Use.  

The primary purpose of the draft guidelines is to set the baseline standards of quality for different marine environments. The draft guidelines will replace the standards set in the older guidelines previously developed by the then national Department of Water Affairs and Forestry where a set of four Water Quality Guidelines were developed in 1992, and updated in 1995, which were aimed at managing coastal and marine water quality for designated uses. 

The draft guidelines can be obtained at the Department’s website at www.dffe.gov.za 

NATIONAL FORESTS ACT: ANNUAL LIST OF TREE SPECIES PROTECTED BY THE ACT 

Title: National Forests Act, 1998 (Act No. 84 of 1998): Publication of the Annual List of All Tree Species which are Protected under Section 12 of the Act 

Gazette reference: GN 4496 in GG 50291 of 13 March 2024 

Commencement date: 13 March 2024 

On 13 March 2024, the Minister of Forestry, Fisheries and the Environment published the list of all protected tree species, which are declared protected in terms of section 12 of the National Forests Act, 1998 (“NFA”). The effect of the declaration is that –  

  1. No person may – 
  1. Cut, disturb, damage or destroy any protected tree; or 
  1. Possess, collect, remove, transport, export, purchase, sell, donate or in any other manner acquire or dispose of any protected tree, or any forest product derived from a protected tree, except –  
  • i) under a license granted by the Minister; or 
  • ii) in terms of an exemption from the provisions of this subsection published by the Minister on the advice of the Council. 

In terms of section 62(2)(c) of the NFA, any person who contravenes this commits a first category offence. A person who is guilty of a first category offence may be sentenced to a fine or imprisonment for a period of up to three years, or to a fine and such imprisonment.  

NATIONAL ENVIRONMENTAL MANAGEMENT ACT: AMENDMENT TO REGULATIONS ON SPATIAL TOOLS AND ENVIRONMENTAL MANAGEMENT INSTRUMENTS 

Title: National Environmental Management Act, 1998 (Act No. 107 of 1998): Amendments to the Regulations laying down the Procedure to be Followed for the Adoption of Spatial Tools or Environmental Management Instruments 

Gazette reference: GN 4494 in GG 50289 of 13 March 2024 

Commencement date: 13 March 2024 

On 13 March 2024, the Minister of Forestry, Fisheries and the Environment published, in terms of section 24(5)(bA) of the National Environmental Management Act (“NEMA”), amendments to the Regulations laying down the procedure to be followed for the adoption of spatial tools or environmental management instruments (published on 5 April 2019 in GNR 542). 

The Regulations have been amended to delete any reference to spatial tools, among other minor amendments. 

AIR QUALITY ACT: NOTICE ON TEMPORARY MANUAL REGISTRATION PROCESSES REGARDING ATMOSPHERIC EMISSIONS 

Title: National Environmental Management: Air Quality Act, 2004 (Act No.39 of 2004): Notice Regarding Manual Registration of Data Providers, Reporting of Atmospheric Emissions, and the Management of Atmospheric Emission Licenses, Through a Manual Process While Transitional Arrangements are Underway to Establish New Systems for the Calendar Years 2024 to 2026 

Gazette reference: GN 4493 in GG 50284 of 8 March 2024 

Commencement date: 8 March 2024 

On 8 March 2024, the Minister of Forestry, Fisheries and the Environment informed the public of the need for manual registration of data providers, the manual reporting of atmospheric emissions and the manual management of Atmospheric Emission Licenses for 2024 to 2026, while arrangements are underway to establish new online systems. The reason for the temporary manual processes is that the South African Atmospheric Emission Inventory and Licence Portal is currently unavailable and will not be accessible for 2024 to 2026. 

Persons classified as data providers and required to register, report and verify information in terms of regulations 5(1), 6, 8(1) and 10 of the National Atmospheric Emission Reporting Regulations, 2015, must now temporarily do so in the manner specified by the relevant licensing authority, whose contacts are accessible on the South African Air Quality Information Systems (SAAQIS) website. Data providers must submit the required informed by email to NAEISAdmin@dffe.gov.za from 1 January to 30 June of each calendar year.  

BIODIVERSITY ACT: NON-DETRIMENT FINDINGS FOR CERTAIN SPECIES LISTED IN TERMS OF INTERNATIONAL TRADE IN ENDANGERED SPECIES 

Title: National Environmental Management: biodiversity Act, 2004 (Act No. 10 of 2004): Consultation on Non-Detriment Findings for Certain Species Listed in Terms of the Convention on International Trade in Endangered Species of Wild Fauna and Flora 

Gazette reference: GN 4473 in GG 50258 of 5 March 2024 

Commencement date: 5 March 2024 

On 5 March 2024, the Minister of Forestry, Fisheries and the Environment published the non-detriment findings for certain species listed in terms of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973, as made by the Scientific Authority in terms of the National Environmental Management: Biodiversity Act (“NEMBA”). 

Section 61 of the Biodiversity Act provides that the Scientific Authority must monitor the legal and illegal trade in specimens of listed threatened or protected species, advise the Minister on the matters that it monitors and make non-detriment findings on the impact of actions relating to the international trade of the specimens. The obligation of the scientific authority in terms of the CITES is to advise, through a non-detriment finding whether the import or export of specimens of species included in Appendix I of the CITES Convention, or the export of specimens of species included in Appendix II of the CITES Convention, will not be detrimental for the survival of the species involved.  

The Scientific Authority has managed to conduct non-detriment findings for all South Africa’s widely traded CITES listed species.  

INTENTION TO ADOPT ENVIRONMENTAL MANAGEMENT INSTRUMENTS TO EXCLUDE CERTAIN ACTIVITIES FROM ENVIRONMENTAL AUTHORISATION REQUIREMENT  

Title: National Environmental Management Act, 1998: Notice of the Intention to Adopt Environmental Management Instruments for the Purpose of Excluding In Terms of Section 24(c) and (e) of the National Environmental management Act, 1998, Identified Activities From the Requirement to Obtain Environmental Authorisation  

Gazette reference: GN 4386 in GG 50138 of 16 February 2024 

Commencement date: 17 March 2024  

On 16 February 2024, the Minister of Forestry, Fisheries and the Environment gave notice of her intention to adopt the Kruger National Park Management Plan 2018-2028 and the Generic Environmental Management Programme for the Kruger National Park as environmental management instruments.  

Based on this adoption, the Minister intends to exclude the South African National Parks from the requirement to obtain an environmental authorisation, prior to the commencement of certain activities, when undertaken in line with the zoning scheme in the Kruger National Park Management Plan. 

The exclusion is subject to compliance with the Generic Environmental Management Programme for the Kruger National Park and the Code of Conduct for the Kruger National Park. All documents related to this exclusion are available on this link on the departmental webpage:  

https://www.dffe.gov.za/projectprogrammes/environmental_management_instruments

The excluded activities are: 

  • All activities listed in the Annual Infrastructure Project Implementation Plan; 
  • All activities related to maintenance; and 
  • All activities related to conservation projects or rehabilitation.  

In the context of these activities, the following activities do not form part of the exclusion: 

  • All energy activities related projects for which an atmospheric emission license is required; and 
  • All waste management activities for which a waste management license is required.  

In these cases, an application for an environmental authorisation is required.  

WASTE ACT: INTENTION TO AMEND LIST OF WASTE MANAGEMENT ACTIVITIES DETRIMENTAL TO THE ENVIRONMENT 

Title: National Environmental Management: Waste Act, 2008: Intention to Amend the List of Waste Management Activities that have, or may have, a Detrimental Effect of the Environment 

Gazette reference: GN 4361 in GG 50107 of 9 February 2024 

Commencement date: Still to be published in a Gazette  

On 9 February 2024, the Minister of Forestry, Fisheries and the Environment published her intention to  – 

  • Amend, in terms of the National Environmental Management: Waste Act (“NEMWA”), the List of Waste Management Activities that have, or are likely to have, a detrimental effect on the environment (as published in GN. 921 of GG 37083 of 29 November 2013); and 
  • Provide for transitional arrangements as contemplated in section 19(3)(c) of NEMWA. 

The List of Waste Management Activities (“the List”) is amended to remove certain activities which are intended to be managed in terms of the National Environmental Management Act, 1998. The removed activities are: 

  • Category A, activity (15): Residue stockpiles or residue deposits – the establishment or reclamation of residue stockpile or residue deposit resulting from activities which require a prospecting or mining permit. 
  • Category B, activity (11): Residue stockpiles or residue deposits – the establishment or reclamation of residue stockpile or residue deposit resulting from activities which require a mining right, exploration right or production right.  

The Transitional Arrangements that have been provided are as follows: 

  • Any approval granted or waste management license issued in relation to ‘residue deposits and residue stockpiles’, prior to the coming into effect of this Notice, remains valid until it lapses or is replaced. 
  • An application for a waste management license for the activities being removed from the List outlined above, must be finalised in accordance with the procedures prescribed in terms of the NEMWA or may be withdrawn. 
  • The Regulations regarding the Planning and Management of Residue Stockpiles and Residue Deposits, 2015, remain operational. 

WASTE ACT: DRAFT GUIDELINES FOR EXTENDED PRODUCER RESPONSIBILITY FEES 

Title: National Environmental Management: Waste Act, 2008: Draft Guideline and Toolkit for the Determination of Extended Producer Responsibility Fees 

Gazette reference: GN 4308 in GG 50067 of 2 February 2024 

Commencement date: 11 March 2024 

On 2 February 2024, the Minister of Forestry, Fisheries and the Environment published for public comment the Draft Guideline and Toolkit for the Determination of Extended Producer Responsibility Fees in terms of sections 72 and 73 of the National Environmental Management: Waste Act, 2008 (“NEMWA”). 

The Draft Guideline intends to provide direction for the enactment and implementation of regulations 7 and 7A of the Extended Producer Responsibility Regulations, 2020, which deal with financial arrangements. The Guideline aims to: 

  • Provide producers with a realistic way of determining Extended Producer Responsibility fees; 
  • Provide a consistent mechanism for determining Extended Producer Responsibility fees applicable to the identified products; and 
  • Ensure transparency, fairness, standardization, and universality in Extended Producer Responsibility fee determination. 

REGULATIONS ON RADIOACTIVE WASTE DISPOSAL CERTIFICATE APPLICATIONS 

Title: National Radioactive Waste Disposal Institute Act, 2008: Regulations on the Format of the Applications for a Radioactive Waste Disposal Certificate  

Gazette reference: GN 4297 in GG 50060 of 1 February 2024 

Commencement date: 1 March 2024 

On 1 February 2024, the Minister of Mineral Resources and Energy, in terms of the National Radioactive Waste Disposal Institute Act, published the draft Regulations on the Format of the Application for a Radioactive Waste Disposal Certificate.  

The purpose of these Regulations is to establish the prescribed format of the application for a radioactive waste disposal certificate for the disposal of radioactive waste at an authorised waste disposal facility. These Regulations apply to a generator of radioactive waste who must dispose of radioactive waste in an authorised waste disposal facility. 

NATIONAL ENVIRONMENTAL MANAGEMENT ACT: AMENDMENT OF THE TRANSITIONAL ARRANGEMENTS IN THE FINANCIAL PROVISIONING REGULATIONS 

Title: National Environmental Management Act: Amendment of the Transitional Arrangements in the Financial Provisioning Regulations 

Gazette reference: GN 4296 in GG 50059 of 1 February 2024 

Commencement date: 1 February 2024 

On 1 February 2024, the Minister of Forestry, Fisheries and the Environment extended the date for compliance holders of rights and permits obtained under the Mineral and Petroleum Resources Development Act, 2002 regime through an amendment of the transitional arrangements contained in the Financial Provisioning Regulations, 2015 (“the Regulations”). 

Regulation 17A of the Regulations has been amended so that the holder of an offshore exploration or production right, who applied for such right prior to 20 November 2015, regardless of when the right was obtained –  

  • Must comply with the Regulations; and 
  • shall be regarded as complying with the provisions of the Regulations if such holder complies with the provisions and arrangements regarding financial provisioning in terms of the Mineral and Petroleum Resources Development Act, 2002. 

Regulation 17B of the Regulations has also been substituted to reflect the same provisions as 17A, for any holder, or holder of a right or permit, who applied for such right or permit prior to 20 November 2015.