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COVID-19 OCCUPATIONAL HEALTH AND SAFETY REQUIREMENTS 2020-06-10
• Free access to Covid-19 regulations and directives
• Overview of applicable law
• Setting aside of Regulations
• How to comply
• Key implications
• COVID-19 Latest directions
WATER AND SANITATION EMERGENCY PROCUREMENT COVID-19 DISASTER RESPONSE DIRECTIONS 2020-04-15
On 15 April 2020, the Minister of Human Settlements, Water and Sanitation (‘the Department’) published the Water and Sanitation Emergency Procurement Covid-19 Disaster Response Directions (‘the Directions’) under Regulation 10(8) of the Regulations issued in terms of the Disaster Management Act, 57 of 2002.
ADDITIONAL NOTICES - MARCH 2020-03-31
Additional notices published during March 2020.
HIGH LEVEL PANEL TO ADVISE DEFF MINISTER ON ELEPHANTS, LIONS, LEOPARDS AND RHINOS 2020-03-27
On 27 March 2020 the advisory committee appointed to review existing policies, legislation and practices relating to the management and handling, breeding, hunting and trade of elephant, lion, leopard and rhinoceros published a general notice.
NOTICE IN RESPECT OF APPLICATIONS FOR NEW (EXPERIMENTAL AND EXPLORATORY) FISHERIES 2020-03-27
On 27 March 2020, the Minister of Environment, Forestry and Fisheries published a notice stating that no new permit applications for new fisheries (experimental and exploratory) would be accepted.
DRAFT AMENDMENTS TO CERTAIN REGULATIONS GOVERNING VARIOUS MARINE PROTECTED AREAS 2020-03-20
On 20 March 2020, the Minister of Environment, Forestry and Fisheries published the draft amendments to certain regulations governing various marine protected areas.
EXTENSION OF THE POLICY DIRECTIVE ON THE EXPORTATION OF FERROUS AND NON-FERROUS WASTE AND SCRAP METAL 2020-03-20
On 20 March 2020, the Minister of Trade and Industry published a notice extending the Policy Directive issued by the International Trade Administration Commission of South Africa (ITAC).
NOTICE OF APPLICATION FOR NUCLEAR VESSEL LICENCE - ESKOM 2020-03-06
On 6 March 2020, ESKOM published a notice for an application for a Nuclear Vessel License.
ADDITIONAL NOTICES - FEBRUARY 2020-02-29
Additional notices published during February 2020.
INVITATION FOR PUBLIC COMMENT - MEAT SAFETY ACT 2020-02-28
On 28 February 2020, the Minister of Agriculture, Land Reform and Rural Development published a notice with the proposed amendment to Schedule 1 of the Meat Safety Act No. 40 of 2000, and invites interested parties to submit written comments.
EXTENSION OF TIME TO COMMENT ON THE DRAFT ASSESSMENT PROTOCOLS 2020-02-26
On 26 February 2020, the Minister of Environment, Forestry and Fisheries published a notice extending the commentary period for the protocols that are required during the EIA assessment process,
SPECIES ENVIRONMENTAL ASSESSMENT BEST PRACTICE GUIDELINE - CORRECTED 2020-02-26
On 26 February 2020, the Minister of Environment, Forestry and Fisheries published a notice providing the URL for the Species Environmental Assessment Best Practice Guideline published on 10 January 2020.
DRAFT COMMERCIAL DIVING REGULATIONS – AVAILABLE FOR PUBLIC COMMENTS 2020-02-21
On 21 February 2020, the Minister of Employment and Labour published Draft Commercial Diving Regulations (‘the draft Regulations’) under the Occupational Health and Safety Act No. 85 of 1993 for comment.
NOTICE OF INTENTION TO DECLARE HAARWEGSKLOOF NATURE RESERVE – WESTERN CAPE 2020-02-14
On 14 February 2020, the Provincial Minister of Local Government, Environmental Affairs and Development Planning in the Western Cape published a notice with the intention to declare the Haarwegskloof Nature Reserve
COAST AND COASTAL WATERS FINALLY BELONG TO PEOPLE OF SOUTH AFRICA! 2020-02-07
Section 11 of the National Environmental Management: Integrated Coastal Management Act No. 24 of 2008 (‘Coastal Management Act’) vests the ownership of coastal public property in the citizens of the Republic and requires the State to hold it in trust on behalf of the citizens.
CONSULTATION ON INTENTION TO EXTEND PERIOD FOR EAPASA REGISTRATION 2020-01-24
On 24 January 2020, the Minister of Environment, Forestry and Fisheries published a notice of her intention to amend the section 24H Registration Authority Regulations, 2016, published under the National Environmental Management Act No. 107 of 1998 (‘NEMA’).
DRAFT ASSESSMENT PROTOCOLS 2020-01-19
On 19 January 2020, the Minister of Environment, Forestry and Fisheries gave notice of her intention to publish protocols that prescribe how the impacts on certain environmental categories (referred to as "environmental themes") must be assessed,
On 2 December 2019, the Minister of the Department of the National Treasury published the Draft Trade Exposure Allowance Regulations for comment under the Carbon Tax Act, 2019.
On 2 December 2019, the Minister of the Department of the National Treasury published the Draft Greenhouse Gas Emissions Intensity Benchmarks Regulations for comment under the Carbon Tax Act, 2019.
DRAFT UPSTREAM PETROLEUM RESOURCES DEVELOPMENT BILL, 2019 – PUBLICATION FOR COMMENT 2019-12-24
On 24 December 2019, the Minister of Mineral Resources and Energy published the Draft Upstream Petroleum Resources Development Bill for public comment (“the Petroleum Bill”, GNR 1706 in GG 42931).
NOTICE TO LIFT A RESTRICTION ON APPLICATIONS FOR RECONNAISSANCE PERMITS, TECHNICAL CO-OPERATION PERMITS, EXPLORATION RIGHTS AND PRODUCTION RIGHTS 2019-12-20
On 20 December 2019, the Minister of Mineral Resources and Energy published a notice to lift the restriction or prohibition on the granting of applications for reconnaissance permits, technical cooperation permits, exploration rights and production rights (GN 1664 in GG 42915).
AMENDMENTS TO REGULATIONS ON OZONE-DEPLETING SUBSTANCES 2019-12-13
On 13 December 2019, the Minister of Environment, Fisheries and Forestry gave notice of intention to amend the Regulations regarding the Phasing-Out and Management of Ozone-Depleting Substances, 2014 (“the Ozone Regulations”, GNR 351 in GG 37621).
WITHDRAWAL OF SECTION 28 NOTICE CALLING FOR INDUSTRIAL WASTE MANAGEMENT PLANS, 2019 – WASTE ACT 2019-12-13
On 13 December 2019, the Minister for Environment, Forestry and Fisheries published a notice of withdrawal of a previous section 28 notice calling for industrial waste management plans from Paper and Packaging Industry, Electrical and Electronic Industry and Lighting Industry (GNR 1353 in GG 41303).
ESKOM APPLICATION TO AVOID COMPLIANCE WITH MINIMUM EMISSION STANDARDS - CALL FOR PUBLIC PARTICIPATION 2019-12-11
On 11 December 2019, Eskom gave notice of its application for alternative limits in terms of the Minimum Emission Standards (MES) for Medupi Power Station and Matimba Power Station (GNR 645 in GG 42897).
ERGONOMIC REGULATIONS, 2019 - OCCUPATIONAL HEALTH AND SAFETY ACT 2019-12-06
On 6 December 2019, the Minister of Employment and Labour published the Ergonomics Regulations under the Occupational Health and Safety Act No. 85, 1993. The draft Ergonomic Regulations were published for public commentary on 27 January 2017 as GNR. 64 in GG 40578.
BIODIVERSITY MANAGEMENT PLAN FOR THE BONTEBOK, 2019 – BIODIVERSITY ACT 2019-12-06
On 6 December 2019, the Minister of Environment, Forestry and Fisheries published a Biodiversity Management Plan for the Bontebok (“the Management Plan”) (GNR 1567 in GG 1567).
ERGONOMIC REGULATIONS, 2019 – OCCUPATIONAL HEALTH AND SAFETY ACT 2019-12-06
On 6 December 2019, the Minister of Employment and Labour published the Ergonomics Regulations under the Occupational Health and Safety Act No. 85, 1993. The draft Ergonomic Regulations were published for public commentary on 27 January 2017 as GNR. 64 in GG 40578.
LIST OF PROTECTED TREE SPECIES – NATIONAL FORESTS ACT 2019-12-06
On 6 December 2019, the Minister of Environment, Forestry and Fisheries published a list of protected tree species (GN 635 in GG 42887), in terms of the National Forests Act (GNR 1388, GG 19408).
On 6 December 2019, the Provincial Minister of Local Government, Environmental Affairs and Development Planning in the Western Cape published a notice of intention to establish the coastal edge of the City of Cape Town as a coastal management line (PN 121/2019, PG 8183).
OUDTSHOORN DRAFT MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORK, 2019 – SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 2019-12-06
On 6 December 2019, Oudtshoorn municipality published the draft Municipal Spatial Development Framework (MSDF) for public comment (PN 334/2019 in PG 8183).
REQUEST FOR COMMENTS/INPUTS ON MEASURES FOR EXPORTED FYNBOS PRODUCTS 2019-12-05
On 5 December 2019, Cape Flora SA (CFSA) applied for existing statutory measures on exported fynbos products to be continued for four years.
DRAFT MINE COMMUNITY RESETTLEMENT GUIDELINES, 2019 2019-12-04
On 4 December 2019, the Minister of Mineral Resources and Energy published the Draft Mine Community Resettlement Guidelines 2019 (“the Resettlement Guidelines”) for public comment (GN 1566 in GG 42884).
CONTROL MEASURES, 2019 – ANIMAL DISEASES ACT 2019-12-04
On 4 December 2019, the Minister of Agriculture, Land Reform and Rural Development published Control Measures Relating to Foot and Mouth Disease in Certain Areas (“the Control Measures”) under the Animal Diseases Act, 1984 (GNR 9152 in GG 226).
DRAFT REVISED AND UPDATED NATIONAL WASTE MANAGEMENT STRATEGY, 2019 – WASTE ACT 2019-12-03
On 3 December 2019, the Minister of Environment, Forestry and Fisheries published a notice of consultation on the draft revised and updated National Waste Management Strategy (“the Waste Strategy”).
On 29 November 2019, the Minister of Finance published the Carbon Offset Regulations (“the Offset Regulations”) under the Carbon Tax Act, 2019 (GNR. 1556 in GG 40578).
ADDITIONAL NOTICES PUBLISHED IN NOVEMBER, 2019 2019-11-29
Additional notices published in November 2019.
AMENDMENT OF REGULATION – MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT 2019-11-28
On 28 November 2019, the Minister of Mineral Resources and Energy published the Draft Amendments to the Mineral and Petroleum Resources Development Regulations, 2019 (‘draft MPRD Amendment Regulations’) for public comment.
NOTICE OF INTENT TO CANCEL CERTAIN KAROO QUALITY INDICATION MARKS 2019-11-22
On 22 November 2019, the Executive Officer for Agricultural Products and Standards published a notice in terms of the Agricultural Products Standards Act No.119 of 1990, cancelling eight Karoo Quality Indication (‘KQI’) marks registered in terms of the Regulations regarding the Classification and Marking of Meat for sale.
AMENDMENT TO CONTROL MEASURES RELATING TO HONEY-BEES 2019-11-22
On 22 November 2019, the Minister of Agriculture, Land Reform and Rural Development published a notice under the Agricultural Pests Act No.36, 1983, amending the Control Measures (‘2019 Control Measures’) relating to honey-bees published under on 15 November 2013 under the Agricultural Pests Act No 36, 1983 (‘2013 Control measures’).
HUNTING SEASONS, BAG LIMITS AND HUNTING BY THE USE OF PROHIBITED HUNTING WEAPONS, 2019 – NATURE CONSERVATION ORDINANCE 2019-11-15
On 15 November 2019, the Western Cape Nature Conservation Board published a notice regarding the hunting seasons and bag limits for species that may be hunted in the Western Cape in 2020 (PN 114/2019 in PG 8178). This action was taken in terms of the Nature Conservation Ordinance, 1974.
MATZIKAMA BY-LAW ON THE KEEPING OF ANIMALS, 2019 2019-11-15
On 15 November 2019, the Matzikama Municipality published the By-Law on the Keeping of Animals (BKA) (PG 8177).
MATZIKAMA BY-LAW ON THE UTILISATION OF COMMONAGE LAND BY EMERGING FARMERS, 2019 2019-11-15
On 15 November 2019, Matzikama Municipality published the By-Law on the Utilisation of Commonage Land by Emerging Farmers (UCLEF, PG 8177).
NOTICE OF APPLICATION FOR DEFINING OF PRODUCTION AREAS – WINE OF ORIGIN SCHEME 2019-11-15
On 15 November 2019, the Wine and Spirit Board published three notices under the Wine of Origin Scheme, 1990 defining three distinct wine production areas within South Africa.
On 15 November 2019, the Matzikama Municipality published the Coastal Management By-Law (CMBL) to regulate the use and management of the beach area and coastal area (PG 8177). This action was undertaken in terms of section 156(2) of the Constitution and sections 20(2) and 50 of the National Environmental Management: Integrated Coastal Management Act.
OCCUPATIONAL DISEASES IN MINES - AMENDMENT OF AMOUNTS TO INCREASE BENEFITS 2019-10-24
On 24 October 2019, the Minister of Health published a notice under the Occupational Disease in Mines and Works Act 78, 1973 (‘the Act’) amending the earnings for a person who is suffering from a compensable disease, for which a once-off benefit needs to be calculated as well as the sum of the benefit to be calculated.
DRAFT BIODIVERSITY MANAGEMENT PLAN FOR THE AFRICAN PENGUIN 2019-10-18
On 18 October 2019, the Minister of Environment, Forestry and Fisheries published a notice under the National Environmental Management: Biodiversity Act 10, 2004 (‘NEM:BA’) inviting members of the public to comment on the draft Biodiversity Management Plan (‘BMP’) that aims to halt the decline of the African Penguin.
DECLARATION OF TREES AS “CHAMPION TREES”- NATIONAL FOREST ACT 2019-10-18
On 18 October 2019, Minister of Environment, Forestry and Fisheries published a notice under the National Forests Act 84, 1998 (‘NFA’) declaring particular groups of trees as protected trees.
DETERMINATION OF WATER RESOURCE CLASSES AND RESOURCE QUALITY OBJECTIVES FOR THE MOKOLO, MATLABAS, CROCODILE AND MARICO CATCHMENTS 2019-10-18
On 18 October 2019, the Minister of Human Settlements, Water and Sanitation published the water resources classes as well as the resource quality objectives (‘RQO’s) for the Mokolo, Matlabas, Crocodile and Marico Catchments under the National Water Act 16, 1998 (‘NWA’).
EXPANSION OF ADDO ELEPHANT NATIONAL PARK 2019-10-18
On 18 October 2019, the Minister of Environment, Forestry and Fisheries published a notice under the National Environmental Management: Protected Areas Act 57, 2003 (‘NEM:PAA’) declaring 44 properties within the Eastern Cape as part of the Addo Elephant National Park.
INCREASE IN FINANCIAL SECURITY TO BE PROVIDED BY NUCLEAR INSTALLATIONS - NATIONAL NUCLEAR REGULATOR ACT 2019-10-18
On 18 October 2019, the Minister of Mineral Resources and Energy published a notice under the National Nuclear Regulator Act (‘NNRA’) substituting the previous nuclear categorisations and determinations published on 7 May 2004 with the ones attached to the 2019 notice.
DRAFT NORMS AND STANDARDS RELATING TO THE MANAGEMENT OF SEABIRDS IN CAPTIVITY 2019-10-18
On 18 October 2019, the Minister of Environment, Forestry and Fisheries published a notice under the National Environmental Management: Biodiversity Act 10, 2004 (‘NEM:BA’) inviting members of the public to submit comments on the draft Norms and Standards Relating to the Management of Seabirds in Captivity.
UPPER VAAL WATER MANAGEMENT AREA: PROHIBITING AND LIMITING WATER USE 2019-10-13
On 13 September 2019, the acting Director-General of the Department of Water and Sanitation published a notice limiting and prohibiting the use of water from the Upper Vaal Water Management Area, for the period of 1 October to 31 November 2019.
ADVISORY COMMITTEE TO REVIEW LEGISLATION AND PRACTICES RELATED TO THE MANAGEMENT OF ELEPHANT, LION, LEOPARD AND RHINO 2019-10-10
On 10 October 2019, the Minister of Environment, Forestry and Fisheries published a notice under the National Environmental Management Act 107, 1998 (‘NEMA’) establishing the High-Level Panel Advisory Committee (‘the Committee’).
WATER RESEARCH LEVY 2019/20 – INCREASE OF 10% 2019-10-04
On 4 October 2019, the Minister of Human Settlements, Water and Sanitation published a notice under the Water Research Act 14, 1971 setting out a 10% increase in the Water Research Levy for the use of water supplied by statutory bodies.
On 27 September 2019, the Stellenbosch Municipality published its 2019 zoning scheme by-law, which will take effect from 1 November 2019.
NOTICE OF INTENTION TO DECLARE JAKKALSDANS NATURE RESERVE - WESTERN CAPE 2019-09-20
On 20 September 2019, the Western Cape Provincial Minister of Local Government, Environmental Affairs and Development Planning published a notice of intention to declare the Jakkalsdans Nature Reserve.
DECLARATION OF THE OHLANGE HERITAGE SITE AND OF THE BUSHMANSKLOOF ROCK PAINTING LANDSCAPE AS NATIONAL HERITAGE SITES 2019-09-20
On 20 September 2019, the South African Heritage Resources Agency published two notices declaring the Ohlange Heritage Site, Inanda, Kwazulu-Natal and the Bushmanskloof Rock Painting Landscape, Western Cape, as National Heritage Sites.
NOMINATIONS FOR SUITABLE PERSONS TO BE CONSIDERED FOR THE BOARD OF iSIMANGALISO WETLAND PARK 2019-09-16
On 16 September 2019, the Minister of Environment, Forestry and Fisheries published a notice inviting nominations of suitable persons to be considered for appointment to the Board of iSimangaliso Wetland Park.
CONSIDERATION OF INDUSTRY WASTE TYRE MANAGEMENT PLANS 2019-09-11
On 11 September 2019, the Minister of Environment, Forestry and Fisheries published a notice informing members of the public of her consideration of the Industry Waste Tyre Management Plans submitted for approval under Government Notice No.1148 of 30 October 2017.
REGULATIONS TO PHASE OUT THE USE OF PERSISTENT ORGANIC POLLUTANTS 2019-09-10
On 10 September 2019, the Minister of Environment, Forestry and Fisheries published regulations under the National Environmental Management Act, 107 of 1998 (‘NEMA’), to phase-out the use, production, distribution, sale, import and export of persistent organic pollutants.
MARINE POLLUTION (PREVENTION OF POLLUTION FROM SHIPS) - AMENDMENT BILL 2019-09-06
On 6 September 2019, the Department of Transport published the Amendment Bill for the Marine Pollution (Prevention of Pollution from Ships) Act for public commentary.
HESSEQUA MUNICIPALITY - PUBLIC AMENITIES BY-LAW 2019-09-06
On 6 September 2019, the Hessequa Municipality published its public amenities by-law (‘by-law’), with the aim of controlling access to and use of public amenities (‘PA’s’) by or under the control of the municipality.
PROPOSED AMENDMENT OF THE NATIONAL GREENHOUSE GAS EMISSION REPORTING REGULATIONS 2019-09-06
On 6 September 2019, the Minister of Environment, Forestry and Fisheries published a notice under the National Environmental Management: Air Quality Act, 39 of 2004 (‘NEM:AQA’) of her intention to amend the National Greenhouse Gas Emission Reporting Regulations (‘GHG Reporting Regulations’) published on 3 April 2017.
DRAFT NATIONAL NORMS AND STANDARDS FOR ORGANIC WASTE COMPOSTING 2019-09-04
On 4 September 2019, the Minister of Environment, Forest and Fisheries published a notice under the National Environmental Management: Waste Act (‘NEM:WA’) with the intention to set the national norms and standards for organic waste composting (‘norms and standards’).
INTENTION TO REPEAL SMOKE CONTROL REGULATIONS AND SMOKE ZONE ORDERS - ATMOSPHERIC POLLUTION PREVENTION ACT 2019-08-30
On 30 August 2019, the Minister of Environment, Forestry and Fisheries published a notice containing the Minister’s intention to repeal the Smoke Control Regulations (‘Smoke Regulations’) and the Smoke Control Zone Orders (‘Smoke Zone Orders’) published under the repealed Atmospheric Pollution Prevention Act 45, 1965 (‘APPA’).
INTENTION TO REPEAL REGULATIONS REGARDING FUEL BURNING APPLIANCES IN DWELLING HOUSES - ATMOSPHERIC POLLUTION PREVENTION ACT 2019-08-30
On 30 August 2019, the Minister of Environment, Forestry and Fisheries published a notice containing the Minister’s intention to repeal the regulations regarding Fuel Burning appliances in Dwelling Houses (‘the Regulations’), published in terms of section 44 of the now repealed Atmospheric Pollution Prevention Act 45, 1965 (‘APPA’).
APPROACH TO A SPATIAL MANAGEMENT SYSTEM FOR SOUTH AFRICA’S MARINE PLANNING AREAS 2019-08-23
On 23 August 2019, the Minister of Environment, Forestry and Fisheries published a notice inviting members of the public to comment on the Approach to Spatial Management System Report for South Africa’s Marine Planning Areas (‘the Report’).
DRAFT GENERAL DISCHARGE AUTHORISATION - INTEGRATED COASTAL MANAGEMENT ACT 2019-08-23
On 23 August 2019, the Minister of Environment, Forestry and Fisheries published a notice in terms of the National Environmental Management: Integrated Coastal Management Act 24, 2008 (‘the Act’) that contains the draft General Discharge Authorisations (‘draft GDA’) in regards to effluent discharge into coastal waters.
NEWSFLASH - 30 DAYS TO COMMENT ON PROPOSED INTERNATIONAL TRADE INVOLVING BLACK AND WHITE RHINOS AND BITTER ALOE 2019-08-22
The Convention on International Trade in Endangered Species (CITES) prohibits international trade in listed species unless the scientific authority for the country of origin has made a finding that the proposed trade will not have a detrimental impact on the survival of the species. This is known as a non-detrimental finding or ‘NDF’.
NON-DETRIMENT FINDINGS: BLACK RHINOCEROS, WHITE RHINOCEROS AND ALOE FEROX 2019-08-22
On 22 August 2019, the Minister of Environment, Forestry and Fisheries published a series of notices with the intention to publish the non-detriment findings for black rhinoceros, white rhinoceros and Aloe ferox.
INVITATION FOR STAKEHOLDERS TO SUBMIT COMMENTS ON THE DRAFT NERSA RULES FOR LICENSABLE DISTRIBUTION AREAS OF SUPPLY 2019-08-19
On 19 August 2019, the National Energy Regulator of South Africa (‘NERSA’) published a notice inviting all interested and affected stakeholders within the Electricity Supply Industry to submit comments on the draft NERSA Rules for Licensable Distribution Areas of Supply (‘draft NERSA rules’).
CONSULTATION ON APPLICATIONS RECEIVED FOR THE EXCLUSION OF WASTE STREAMS FROM THE DEFINITION OF ‘WASTE’ 2019-08-16
On 16 August 2019, the Minister of Environment, Forestry and Fisheries published a notice withdrawing Government Notice No. 535 published on 3 April 2019. The April 2019 notice gave notice to the Minister’s intention to decide on applications for the exclusion of waste from the waste stream for beneficial use, specifically related to waste slag, ferrochrome metallurgy, ash and gypsum from pulp.
INVITATION TO SUBMIT WRITTEN COMMENTS ON THE PROPOSED FOXWOOD DAM 2019-08-16
On 16 August 2019, the Minister of Water and Sanitation published a notice regarding the Minister’s intention to construct a government waterworks, and invited interested parties to submit written comments on the proposed development as well as its environmental impact assessment.
LIMITING THE USE OF WATER IN THE PONGOLA-MZIMKHULU WATER MANAGEMENT AREA 2019-08-16
On 16 August 2019, the acting Director-General of the Department of Water and Sanitation published a notice limiting the use of water for irrigation, industrial and domestic purposes, within the Pangola-Mzimkhulu Water Management Area.
GREATER CAPE METROPOLITAN - APPROVAL OF SPATIAL IMPLEMENTATION FRAMEWORK 2019-08-13
On 13 August 2019, the Provincial Minister for Local Government, Environmental Affairs and Development Planning published a notice containing the Greater Cape Metro Regional Spatial Implementation Framework, which now serves as the Provincial Regional Spatial Development Framework (SDF).
NOMINATION OF CANDIDATES TO SERVE ON THE BOARD OF THE NATIONAL NUCLEAR REGULATOR 2019-08-12
On 12 August 2019, the Minister of Energy published a notice inviting nominations for suitable candidates to be appointed to the Board of the National Nuclear Regulator (‘NNR’).
PUBLISHED INFORMATION - PLANT BREEDERS’ RIGHTS ACT 2019-08-08
On 8 August 2019, the Department of Agriculture published all aspects of plant breeders’ rights, in terms of the Plant Breeders’ Rights Act 15, 1976, for the period April to June 2019.
NOMINATIONS OF MEMBERS OF MINE HEALTH AND SAFETY COUNCIL 2019 2019-08-08
On 8 August 2019, the Minister of Mineral Resources published a notice inviting nominations of persons to serve as members of the Mine Health and Safety Council (‘MHSC’).
OVERSTRAND MUNICIPALITY - BY-LAW RELATING TO TREES 2019-08-02
On 2 August 2019, the Overstrand Municipality published its By-Law Relating to Trees (‘the By-Law’).
WITHDRAWAL OF GOVERNMENT NOTICE CONTAINING INFORMATION ABOUT THE DATE OF THE FISHING RIGHTS ALLOCATION PROCESS, AND MORE – MARINE LIVING RESOURCES ACT 2019-08-02
On 2 August 2019, the Minister of Environment, Forestry and Fisheries published a notice withdrawing Government Notice No. 637 published on 20 July 2018.
ABOLISHMENT OF FISHERIES TRANSFORMATION COUNCIL - MARINE LIVING RESOURCES ACT 2019-08-02
On 2 August 2019, the Minister of Environment, Forestry and Fisheries published a notice withdrawing Government Notice No. 41190 published on 20 October 2017. The Minister acted in accordance with the powers vested in her in terms of the Marine Living Resources Act 18, 1998 to abolish the Fisheries Transformation Council (‘the Council’).
WITHDRAWAL OF PRIOR NOTICE AND CALL FOR NOMINATIONS FOR THE CONSULTATIVE ADVISORY FORUM - MARINE LIVING RESOURCES ACT 2019-08-02
On 2 August 2019, the Minister of Environment, Forestry and Fisheries published a notice withdrawing Government Notice No. 942 published on 7 September 2018, which established the Consultative Advisory Forum for Marine Living Resources.
WITHDRAWAL OF GOVERNMENT NOTICE CONTAINING INFORMATION ABOUT THE PROPOSED RESOURCE SPLIT IN THE TRADITIONAL LINEFISH AND SQUID SECTORS, AND OTHERS - MARINE LIVING RESOURCES 2019-08-02
On 2 August 2019, the Minister of Environment, Forestry and Fisheries published a notice withdrawing Government Notice No. 660 published on 13 May 2019.
INVITATION TO COMMENT ON THE PROMOTION OF ACCESS TO INFORMATION AMENDMENT BILL, 2019 2019-07-31
The Parliament of South Africa published a notice on 31 July 2019 inviting written comment on the Access to Information Amendment Bill 2019 (‘the Bill’) which deals with information of private funding of political parties and independent candidates.
NOMINATION OF CANDIDATE TO SERVE AS A PART-TIME REGULATOR MEMBER FOR THE NATIONAL ENERGY REGULATOR OF SOUTH AFRICA 2019-07-22
The Minister of Mineral Resources and Energy published a notice on 22 July 2019 inviting nominations for suitable candidates to be appointed as Part-Time Regulator Member for the National Energy Regulator of South Africa (‘NERSA’).
NOMINATION OF CANDIDATE TO SERVE AS A FULL-TIME REGULATOR MEMBER TO BE RESPONSIBLE FOR ELECTRICITY FOR THE NATIONAL ENERGY REGULATOR OF SOUTH AFRICA 2019-07-22
The Minister of Mineral Resources and Energy published a notice on 22 July 2019 inviting nominations for suitable candidates to be appointed as Full-Time Regulator Member and to be primarily responsible for Electricity for the National Energy Regulator of South Africa (‘NERSA’).
EASTERN CAPE ENVIRONMENTAL MANAGEMENT BILL 2019-07-22
On 22 July 2019, the MEC of Economic Development, Environmental Affairs and Tourism Eastern Cape published a notice containing the Eastern Cape Environmental Management Bill (‘the Bill’).
THE NEARSHORE CRAYFISHERS ASSOCIATION RECOGNIZED AS WEST COAST ROCK LOBSTER INTEREST GROUP 2019-07-19
On 19 July 2019 the then Department of Agriculture, Forestry and Fisheries (‘DAFF’) published a notice under section 8 of the Marine Living Resources Act, No. 18 of 1998 (‘the MLRA’), recognizing the Nearshore Crayfishers Association as an interest group for the West Coast rock lobster sector.
FEES FOR NUCLEAR AUTHORISATIONS 2019-07-18
On 19 July 2019 the Minister of Energy published a notice under section 28 of the National Nuclear Regulator Act, No. 47 of 1999 (‘NNRA’), containing the relevant fees payable to the National Nuclear Regulator of South Africa.
THE SOUTH AFRICAN PLANT VARIETAL JOURNAL 2019-07-12
The Department of Agriculture published its quarterly South African Plant Variety Journal (the Journal) on 12 July 2019.
WRITTEN COMMENTS ON PROPOSED INVESTIGATION - MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT 2019-07-12
The Minister of Mineral Resources published a notice on 12 July 2019 inviting written comments on his intention to conduct further investigations on specific land identified in the notice in terms of Section 50 of the Mineral and Petroleum Resources Development Act, No. 28 of 2002 (‘MPRDA’).
INDEPENDENT ELECTRICITY MANAGEMENT OPERATOR BILL 2019-07-12
On 12 July 2019 Ms Natasha Mazzone (MP) published a notice of her intention to change the name of the Independent Systems and Market Operator Bill, 2019’ to the Independent Electricity Management Operator Bill (‘the Bill’).
BREDASDORP – PROPOSED INSTALLATION OF PIPELINE BELOW THE HIGH-WATER MARK OF THE SEA 2019-07-12
On 12 July 2019 the Western Cape Nature Conservation Board (‘the Board’) published a notice which declares its intention to enter into a lease with the Pearly Beach Seafarm (Pty) Ltd, for the construction of an aquaculture facility for the production of abalone.
CONTINUED APPLICATION OF THE GENERAL AUTHORISATION - THE NATIONAL WATER ACT 2019-07-12
On 12 July 2019 the acting Director-General of the Department of Water and Sanitation (‘DWS’) published a notice authorising the continued application of General Authorisation GN 665 of 6 September 2013 relating to specific water uses under the National Water Act, No. 36 of 1998 (‘NWA’), until the new General Authorisation waste-related activities is gazetted.
RESERVE DETERMINATION OF WATER RESOURCES FOR THE INKOMATI CATCHMENT 2019-07-12
On 12 July 2019 the Minister of Water and Sanitation published a notice containing the Reserve determination of water resources in terms of section 16 of the National Water Act, No. 36 of 1998 (‘NWA’) for the Inkomati catchment (‘the Catchment’).
DRAFT NATIONAL PORTS AMENDMENT BILL 2019-07-11
The Department of Transport published the draft National Ports Amendment Bill (Amendment Bill) for public comment. The Amendment Bill proposes, among other things, to amend the provisions of the National Ports Act, No. 12 of 2005 (‘NPA’), that deal with the independent ports regulatory body (the Regulator).
NATIONAL WEB BASED ENVIRONMENTAL SCREENING TOOL- EIA 2019-07-05
The Minister of Environment, Forestry and Fisheries published a notice on 5 July 2019 that all applications for environmental authorisation (EA) in terms of the National Environmental Management Act must be submitted with a report generated from the national web based environmental screening tool (NWBEST).
On 4 July 2019 the Supreme Court of Appeal ("SCA") ruled in favor of anti-fracking activists group Treasure the Karoo Action Group ("TKAG") and set aside the Regulations for Petroleum Exploration and Production, 2015 ("Petroleum Regulations") made under the Mineral and Petroleum Resources Development Act 28 of 2002 ("MPRDA").
R3.5 MILLION FINE FOR UNLAWFUL FARM DAMS 2019-06-14
The Clanwillian Regional Court slapped Tierhoek Boerdery (Pty) Ltd (‘Tierhoek Boerdery’) with a fine of R3.5 million on 14 June 2019 after finding it guilty on six charges related to water transgressions and five environmental transgressions.
ON CARBON TAX ACT, 2019 (ACT NO 15 OF 2019) 2019-06-01
The Carbon Tax Act (‘CTA’) came into effect on 1 June 2019. It seeks to give effect to South Africa’s international commitments to reduce greenhouse gas emissions in response to the climate change challenge by encouraging industries to find alternatives to carbon-intensive business practices. It does so by taxing the carbon dioxide (CO2) equivalent of greenhouse gas emissions but also provides for tax-free emission allowances.
CARBON TAX ACT, 15 OF 2019 2019-05-24
On 22 May 2019, the President assented to the Carbon Tax Act, 15 of 2019 which comes into effect on 1 June 2019. This is an important step in the right direction for South Africa, as we attempt to address our reliance on carbon as our primary source of energy by incorporating the polluter-pays principle in this Act which disincentives our dependence on fossil fuels. Most notably, the preamble of the Act states that “government is desirous to utilise a package of measures in an effort to address the challenges posed by climate change”.
NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, 2003 – DECLARATION OF VARIOUS SITES AS PROTECTED AREAS AND PUBLISHING OF REGULATIONS 2019-05-23
On 23 May 2019, the Minister of Environmental Affairs published notices and made regulations for the management of various newly declared Protected Areas, in terms of the National Environmental Management: Protected Areas Act, No. 57 of 2003.
MEDICINES AND RELATED SUBSTANCES ACT, NO. 101 OF 1965 - EXCLUSIONS OF CERTAIN PREPARATIONS CONTAINING CANNABIDIOL (CBD) FROM OPERATION OF CERTAIN PROVISIONS AND UPDATING OF THE SCHEDULES TO THE ACT 2019-05-23
On 23 May 2019, under the respective notices of R755 and R756 the Minister of Health, in terms of Section 36 (1) of Medicines and Related Substances Act (the ‘Act’) and on the recommendation of the South African Health Products Regulatory Authority (the ‘Authority’), temporarily and subject to certain requirements, excluded the operation of certain provisions of Schedules to the Act and also updated the Schedules to the Act which prohibited the sale of products or preparations containing cannabidoil (‘CBD’).
NATIONAL WATER ACT, 1998 (ACT NO 36 OF 1998) – PROPOSED CLASSES OF WATER RESOURCE AND RESOURCE QUALITY OBJECTIVES FOR THE BERG CATCHMENT 2019-05-10
The Minister of Water and Sanitation invited the public within 60 days from 10 May 2019 to submit written comments on the Proposed Classes of Water Resources and Resource Quality Objectives for the Berg Catchment published under the National Water Act, 1998.
NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 (ACT NO. 107 OF 2008) - CONSULTATION ON MINIMUM STANDARDS FOR THE CONSIDERATION OF ENVIRONMENTAL ASPECTS IN THE PREPARATION AND REVIEW OF MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORKS (SDFs) 2019-05-10
On 10 May 2019 the Minister of Environmental Affairs called for public comment on the Minimum Standards for the Consideration of Environmental Aspects in the Preparation and Review of Spatial Development Frameworks (SDFs). The Standards, if properly considered in a municipal SDF, may result in NEMA listed activities in that area being excluded from the requirement to obtain environmental authorisation.
DRAFT WESTERN CAPE BIODIVERSITY BILL, 2019 2019-05-07
The Department of Environmental Affairs and Development Planning, published a Draft Western Cape Biodiversity Bill (‘Biodiversity Bill’) on 7 May 2019 for comment.
DRAFT NATIONAL CLIMATE CHANGE ADAPTATION STRATEGY 2019-05-06
On 6 May 2019 the Minister of Environmental Affairs published the draft National Climate Change Adaption Strategy (‘NCCAS’) for public inputs and comments. Please follow this link for the full Draft Adaptation Strategy.
DECLARATION OF SITES WITHIN THE BO-KAAP NATIONAL HERITAGE SITES 2019-04-30
On 30 April 2019 the South African Heritage Resources Agency declared 19 Sites listed in the Schedule as part of the Bo-Kaap, as National Heritage Sites.
ANIMAL DISEASE ACT, 1984 (ACT NO 35 OF 1984) – PUBLIC CONSULTATION NOTICE 2019-04-26
On 26 April 2019, the Minister of Agriculture, Forestry and Fisheries invited the public to submit written comments on the Proposed Amendment to the Animal Diseases Regulations (R. 2026 of 1986) under the Animal Diseases Act, with regard to African horse sickness.
CONSULTATION ON INTENTION TO WITHDRAW PORTIONS OF LAND DECLARED AS PART OF THE KAROO NATIONAL PARK 2019-04-18
On 15 February 2019 the Minister of Environmental Affairs, in terms of Section 21(2), read with Section 33, of the National Environmental Management: Protected Areas Act, 57 of 2003, published a notice for comment of his intention to withdraw the portions of land declared as part of the Karoo National Park.
PRIVATE PROSECUTIONS UNDER NEMA: UNZANI ENVIRONMENTAL ADVOCACY CC V BP SOUTHERN AFRICA (PTY) LTD (CC82/2017) [2017] ZAGPPHC 749 2019-04-18
This case was heard in the Gauteng High Court Division, Pretoria. It concerned the first reported successful case of private prosecution in terms of Section 33 of the National Environmental Management Act, 107 of 1998 (“NEMA”).
DRAFT FEEDS AND PET FOOD BILL PUBLISHED FOR COMMENT 2019-04-18
On 4 March 2019 the Minister of Agriculture, Forestry and Fisheries published a notice to invite public comments on the draft Feeds and Pet Food Bill.
PUBLISHING OF DRAFT SOUTH AFRICAN WATER QUALITY GUIDELINES FOR COASTAL MARINE WATERS – NATURAL ENVIRONMENT AND MARICULTURE 2019-04-18
On 15 March 2019, the Minister of Environmental Affairs published the Draft South African Water Quality Guidelines for Coastal Marine Waters – Natural Environment and Mariculture Use.
THE SOUTH AFRICAN HERITAGE RESOURCES AGENCY IDENTIFIED TYPES OF OBJECTS THAT ARE PROTECTED AND MAY NOT BE EXPORTED WITHOUT A PERMIT 2019-04-18
The South African Heritage Resources Agency (‘SAHRA’) published a notice on 18 April 2019 which describes the types of heritage objects that are protected in terms of the National Heritage Resources Act (‘NHRA’) and which require a permit from SAHRA to be temporarily or permanently exported, as well as conditions for the refusal for a permit for exporting an object.
WESTERN CAPE LAND USE PLANNING ACT, 2014 (ACT 3 OF 2014) WESTERN CAPE LAND USE PLANNING REGULATIONS, 2015: AMENDMENT 2019 2019-04-15
On 15 April 2019 the Provincial Minister of Local Government (‘the Minister’), Environmental Affairs and Development Planning published Amendments to the Western Cape Land Use Planning Regulations under Provincial Notice 51 of 2019.
DRAFT REGULATIONS REGARDING THE CONSULTATION PROCESS FOR LISTING HERITAGE RESOURCES IN THE HERITAGE REGISTER AND FOR THE DESIGNATION OF HERITAGE AREAS 2019-04-12
On 12 April 2019, the provincial heritage authority for the Western Cape, Heritage Western Cape (HWC), published draft regulations relating to the consultation process for listing heritage resources in the heritage register and for the designation of heritage areas by HWC.
On 12 April 2019, the Provincial Minister of Cultural Affairs and Sport in the Western Cape published draft regulations regarding the consultation process for listing places in the heritage register by Heritage Western Cape (HWC) and for the designation of heritage areas by local authorities.
NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 (ACT NO, 59 OF 2008) 2019-04-05
On 5 April 2019, the Minister of Environmental Affairs gave notice of her intention to require any person who lawfully conducted a hazardous waste management activity on the date that the National Environmental Management: Waste Act (‘NEMWA’) came into effect, namely 1 July 2009, to apply for a waste management licence within one year of the final Notice. To see a full version of the published notice, please contact our office.
DRAFT FEEDS AND PET FOOD BILL PUBLISHED FOR COMMENT 2019-03-11
DRAFT FEEDS AND PET FOOD BILL PUBLISHED FOR COMMENT
On 15 February 2019 the Minister of Agriculture, Forestry and Fisheries published a notice to invite public comments on the draft Feeds and Pet Food Bill.
PROCEDURE TO BE FOLLOWED FOR REGISTRATION AND REPORTING OF CATEGORY A GREENHOUSE GAS EMISSIONS 2019-03-11
PROCEDURE TO BE FOLLOWED FOR REGISTRATION AND REPORTING OF CATEGORY A GREENHOUSE GAS EMISSIONS
On 1 February 2019 the Minister of Environmental Affairs (the Minister) published a notice of the procedure to be followed for the registration and reporting by Category A data providers in terms of Regulations 5 and 7 of the Greenhouse Gas Emission Reporting Regulations.
GLOUCESTER RESOURCES LIMITED V. MINISTER FOR PLANNING [2019] NSWLEC 7 2019-03-11
GLOUCESTER RESOURCES LIMITED V. MINISTER FOR PLANNING [2019] NSWLEC 7
This is an Australian case but hopefully the judgment will be given due recognition and consideration by judges worldwide. This was an application by Gloucester Resources Limited for consent to carry out the Rocky Hill Coal Project, which originally entailed the extraction of 2.5 million tonnes of coal per year from a new open cut mine from the Gloucester Valley, situated in New South Wales, Australia.
NOTICE OF AMENDMENT TO REGULATIONS OF THE GENETICALLY MODIFIED ORGANISMS ACT, NO 15 OF 1997 2019-03-11
NOTICE OF AMENDMENT TO REGULATIONS OF THE GENETICALLY MODIFIED ORGANISMS ACT, NO 15 OF 1997
On 15 February 2019 the Minister of Agriculture, Forestry and Fisheries published a notice that he is amending certain regulations under the Genetically Modified Organism Act, No. 15 of 1997. The amendment increases the fees for activities which are listed in table 2 of the Act.
EXTENSION OF THE STATE OF DISASTER, AMENDED LEVEL 3 WATER RESTRICTIONS AND RECREATIONAL WATER-USE BY-LAWS - CITY OF CAPE TOWN 2019-03-01
The City of Cape Town Municipality published five notices in the period between January 2019 to June 2019 extending the local state of disaster within the city as a direct result of the magnitude and severity of the drought.
PUBLICATION OF PROVINCIAL HERITAGE FORMS 2019-02-22
On 22 February 2019 Heritage Western Cape published various provincial application forms under the National Heritage Resources Act, 1999 (‘the Act’).
NEWSFLASH- CARBON TAX BILL PASSED IN PARLIAMENT 2019-02-22
On 19 February 2019, the National Assembly passed the Carbon Tax Bill.
REX TRUEFORM FACTORY DECLARED A PROVINCIAL HERITAGE SITE - CAPE TOWN 2019-02-15
On 15 February 2019 the provincial heritage authority declared the Rex Trueform Factory Complex in Salt River, Cape Town as a Provincial Heritage Site under Section 27 of the National Heritage Resources Act, 1999.
REGULATIONS REGARDING THE CONTROL OF THE IMPORT OR EXPORT OF WASTE PUBLISHED 2019-02-14
On 21 January 2019, the Minister of Environmental Affairs published the Regulations Regarding the Control of the Import or Export of Waste (GN 22 in GG 42175 of 21 January 2019). The purpose of the regulations is to establish procedures and control measures for the import, export and transit of waste.
CARBON TAX BILL UPDATE 2019-02-08
We understand that the Carbon Tax Bill has been approved by the Standing Committee on Finance
SALDANHA BAY MUNICIPALITY - EXTENSION OF A LOCAL STATE OF DISASTER 2019-02-08
The Saldanha Bay Municipality published two notices on 11 January 2019 and 8 February 2019 that extend the local state of disaster as a result of the magnitude and severity of the drought.
NOTICE TO DECLARE NATURE RESERVES AND DECLARED NATURE RESERVES - WESTERN CAPE 2019-02-01
The Provincial Minister of Environmental Affairs and Development Planning in the Western Cape has declared 5 new nature reserves under section 23 of the National Environmental Management: Protected Areas Act in the period between February 2019 to March 2019.
RECREATIONAL WATER-USE BY-LAW 2019-01-29
The City of Cape Town published its Recreational Water-Use By-Laws on 29 January 2019. The aim of the by-law is to regulate the use and control of recreational water within the jurisdiction of the City of Cape Town so as to provide for safe and environmentally sensitive recreation.
APPLICATION FOR AUTHORISATION FOR OFF-GRID OR STANDALONE SMALL-SCALE EMBEDDED GENERATION (SSEG) (CITY OF CAPE TOWN) 2019-01-15
The City of Cape Town (“the City”) have announced that clients with SSEG installations must register their SSEGs prior to 31 May 2019.
BIOREGIONS DETERMINED AND BIOREGIONAL PLANS PUBLISHED FOR THE WATERBERG AND MOPANI DISTRICT MUNICIPALITIES 2019-01-04
On 4 January 2019 the MEC for Economic Development, Environment and Tourism (Limpopo Province) determined the bioregions for the Waterberg District Municipality and the Mopani District Municipality and published bioregional plans in respect of those bioregions.
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