NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT: REGULATIONS FOR IMPLEMENTING AND ENFORCING PRIORITY AREA AIR QUALITY MANAGEMENT PLANS 

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

Gazette reference: GN 5153 in GG 51120 of 26 August 2024 

Commencement date: 26 August 2024 

On 26 August 2024, the Minister of Forestry, Fisheries and the Environment, under section 20 of the NEMAQA made the Regulations for implementing and enforcing priority area air quality management plans. 

The purpose of these Regulations is to provide for the implementation and enforcement of a priority area air quality management plan, approved and published in terms of sections 19(1)(b) and 19(5) of the NEMAQA. 

The Vaal Triangle Priority Area AQMP Implementation Regulations, 2009, published under GNR 614 of 29 May 2009, have no been repealed. 

NATIONAL ENVIRONMENTAL MANAGEMENT ACT: EXTENSION OF THE PERIOD FOR ESTABLISHMENT OF THE NATIONAL ENVIRONMENTAL CONSULTATIVE AND ADVISORY FORUM 

Title: National Environmental Management Act 107 of 1998 (“NEMA”): Extension of the Period for Establishment of the National Environmental Consultative and Advisory Forum 

Gazette reference: GN 5152 in GG 51119 on 26 August 2024 

Commencement date: 26 August 2024 

The Minister of Forestry, Fisheries and the Environment, extended the period for establishment of the National Environmental Consultative and Advisory Forum (“the Forum”) by a further 12 months from 18 August 2024 to 17 August 2025. 

The extension is informed by the need for the Minister to receive advice and consult the Forum on matters arising from decisions taken in respect of the suspension and postponement of compliance with the minimum emission standards, and exemption applications in terms of section 59 of the National Environmental Management: Air Quality Act, 39 of 2004. 

MINE HEALTH AND SAFETY ACT: GUIDELINE FOR A MANDATORY CODE OF PRACTICE FOR A QUALITY ASSURANCE PROGRAMME FOR A SYSTEM OF OCCUPATIONAL HYGIENE AND VENTILATION ENGINEERING MEASUREMENTS 

Title: Mine Health and Safety Act 29 of 1996 (“MHSA”): Guideline for a Mandatory Code of Practice for a Quality Assurance Programme for a System of Occupational Hygiene and Ventilation Engineering Measurements 

Gazette reference: GN 5099 in GG 51003 on 2 August 2024 

Commencement date: 1 November 2024 

On 2 August 2024, the Chief Inspector of Mines, in terms of section 49(6) read together with sections 9(2) and 9(3) of the MHSA as amended, issued the Guideline for a Mandatory Code of Practice for a Quality Assurance Programme for a System of Occupational Hygiene and Ventilation Engineering Measurements. 

The Guideline details elements of quality assurance that must be applied in the occupational hygiene programme and mine ventilation engineering measurements, where the risk assessment of the mine identified the need for the employer to establish and maintain a system of occupational hygiene measurements. 

MINE HEALTH AND SAFETY ACT: GUIDELINE FOR A MANDATORY CODE OF PRACTICE FOR MINIMUM STANDARDS ON GROUND VIBRATIONS, NOISE, AIR-BLAST AND FLYROCK NEAR SURFACE STRUCTURES AND COMMUNITIES TO BE PROTECTED 

Title: Mine Health and Safety Act 29 of 1996 (“MHSA”): Guideline for a Mandatory Code for Practice for Minimum Standards on Ground Vibrations, Noise, Air-Blast and Flyrock near Surface Structures and Communities to be Protected 

Gazette reference: GN 5097 in GG 51003 on 2 August 2024 

Commencement date: 1 November 2024 

On 2 August 2024, the Chief Inspector of Mines, in terms of section 49(6) read together with sections 9(2) and 9(3) of the MHSA as amended, issued the Guideline for a Mandatory Code of Practice for Minimum Standards on Ground Vibrations, Noise, Air-blast and Flyrock near Surface Structures and Communities to be Protected. 

Mining companies have approximately three months to draft and implement the Guideline before it takes effect on 1 November 2024. 

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT: CONSULTATION ON THE DRAFT SECOND-GENERATION HIGHVELD PRIORITY AREA AIR QUALITY MANAGEMENT PLAN 

Title: National Environmental Management: Air Quality Act (“NEMAQA”) 39 of 2004: Consultation on the Draft Second-Generation Highveld Priority Area Air Quality Management Plan 

Gazette reference: GN 4067 in GG 50985 on 26 July 2024 

Deadline for public comments: 26 August 2024 

On 26 July 2024, the Minister of Forestry, Fisheries and the Environment, in terms of section 19(4), read with the sections 56 of 57 of the NEMAQA, is inviting comments on the draft second-generation Highveld Priority Area Air Quality Management Plan. 

The draft second-generation Highveld Priority Area Air Quality Management Plan builds on the progress of the first-generation plan, and incorporates targeted strategies to manage air quality more effectively and by specific stakeholders, namely: 

  • Any person conducting a listed activity; 
  • Any person operating a controlled emitter; 
  • Any holder of a right or permit related to a prospecting operation, exploration operation, mining operation, or production operation as defined in section 1 of the Mineral and Petroleum Resources Development Act, 28 of 2002; 
  • Any person conducting reclamation; and 
  • Any department of state or administration in the national, provincial, or local sphere of government. 

The plan provides interventions and measures aimed at improving air quality through implementation of emission reduction targets by identified stakeholders to attain and sustain compliance with national ambient air quality standards. 

OCCUPATIONAL HEALTH AND SAFETY ACT: EXPLOSIVES REGULATIONS, 2024: RADIO FREQUENCY DEVICE GUIDELINES 

Title: Occupational Health and Safety Act 85 of 1993: Explosives Regulations, 2024: Radio Frequency Device Guidelines 

Gazette reference: GN 5048 in GG 50960 on 23 July 2024  

Commencement date: 23 July 2024 

On 23 July 2024, the Minister of Employment and Labour, in terms of section 43 of OHSA, made the Explosives Regulations, 2024. These regulations apply to any employer, self-employed person or user who operates an explosive workplace for the purpose of manufacturing, testing, storing or using explosives. These Regulations also repeal the Explosives Regulations, 2002. 

These Regulations also introduce the Radio Frequency Device Guidelines (“the Guidelines”) (regulation 6(3)(c) of the Regulations). 

These Guidelines are applicable to: 

  • All persons involved in explosives workplace under Explosives Regulations, 2003; 
  • Any explosives manager who intends to introduce radio frequency (RF) devices within the Danger Area; the Guidelines make provision for, amongst others, the condition that every explosives manager intending to introduce radio frequency devices inside the danger area shall notify the chief inspector within 90 working days of the promulgation of the Regulations. 
  • Intentional Transmitters that are either Type Approved Equipment or Spectrum Licensed Equipment intended for use in the Danger Area. 

CLIMATE CHANGE ACT, 22 OF 2024 

Title: Climate Change Act, 22 of 2024 

Gazette reference: GN 5050 in GG 50966 on 23 July 2024 

Commencement date: to be fixed by the President by proclamation in the Government Gazette 

On 23 July 2024, the President assented to the Climate Change Act, 22 of 2024, which was published for general information.  

The aim of the Act is: 

  • To enable the development of an effective climate change response and a long-term, just transition to a low-carbon and climate-resilient economy and society for South Africa in the context of sustainable development; and 
  • To provide for matters connected therewith. 

The objects of the Act are to – 

  • Provide for a coordinated and integrated response by the economy and society to climate change and its impacts in accordance with the principles of cooperative governance;  
  • Provide for the effective management of inevitable climate change impacts by enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change, with a view to building social, economic and environmental resilience and an adequate national adaptation response in the context of the global climate change response; 
  • Make a fair contribution to the global effort to stabilise greenhouse gas concentrations in the atmosphere at a level that avoids dangerous anthropogenic interference with the climate system; 
  • To ensure a just transition towards a low carbon economy and society considering national circumstances; 
  • Give effect to the Republic’s international commitments and obligations in relation to climate change; and 
  • Protect and preserve the planet for the benefit of present and future generations of humankind.  

OCCUPATIONAL HEALTH AND SAFETY ACT: ASBESTOS ABATEMENT REGULATIONS, 2020 

Title: Occupational Health and Safety Act 85 of 1993 (“OHSA”): Asbestos Abatement Regulations, 2020 as amended 

Gazette reference: GN 5042 in GG 50930 on 12 July 2024 

Commencement date: 12 July 2024 

The Minister of Employment and Labour, under section 43 of the OHSA, made the following amendments to regulation 24 of the Asbestos Abatement Regulations, GNR 1196 published on 10 November 2020 by adding the underlined text: 

“24. Prohibitions 

No person may – 

(f) use electrical power tools, such as angle grinders, or any other fast-moving equipment to cut, grind or drill asbestos-containing material; Provided that slow moving tools may only be used where the activity is part of asbestos containing material removal for final disposal; 

(j) make any installation or fitting on or onto asbestos containing materials.”