HSE LEGAL UPDATES AUGUST /SEPTEMBER 2016
CONTENTS
Section 1 – Environmental (National)
Section 2 – Safety and Health (National)
Section 3 – Safety, Health and Environmental (Draft National Legislation and Regulations)
Section 4 – Safety, Health & Environmental (Provincial Legislation & Municipal By-laws)
Section 5 – Safety, Health & Environmental (Draft Provincial Legislation & By-laws)
Section 1 – Environmental (National)
National Environmental Management: Waste Act 59 of 2008
The NPSWM is a legislative requirement of Section 13A (1) of the
National Environmental Management: Waste Amendment Act (Act No. 26 of
2014), hereafter referred to as the “Waste Amendment Act”. In terms of
section 13B, an Act of Parliament to give effect to the pricing strategy,
including details on 13B(b) determination of waste management charges and
the review of these waste management charges from time to time. Section
13B(c) includes procedures for collection through the national fiscal
system. In line with the requirements of the Waste Amendment Act, this
strategy contains guiding methodologies for the setting of waste
management charges, aimed at funding the re-use, recycling or recovery of
waste, including –
– the identification, further development and promotion of best
practices
– implementation of approved guidelines, norms and standards
– management of the disbursements of incentives
– monitoring of the impacts of incentives and disincentives
– including in previously disadvantaged communities
those activities that generate specific waste streams, including –
– the monitoring of the implementation and impact of industry waste
management plans
implementation of Industry Waste Management Plans (IndWMP).
In line with the requirements of the Waste Amendment Act, this strategy provides guidelines for the setting of waste management charges aimed at funding the re-use, recycling or recovery of waste as well as the implementation of industry waste management plans for activities that generate specific waste streams. The selection and use of economic instruments must also be aligned with the “polluter pays principle” where all generators of waste (including businesses and households) are responsible for the costs of managing the waste generated.
This strategy essentially provides the State with yet another revenue stream from its tax payers and what will follow is that the Regulatory Departments will try and push through Regulations for revenue collection in line with this strategy as soon as possible. This has already been witnessed with the NOTICE TO THE PAPER AND PACKAGING INDUSTRY, ELECTRICAL AND ELECTRONIC INDUSTRY AND LIGHTING INDUSTRY TO PREPARE AND SUBMIT TO THE MINISTER INDUSTRY WASTE MANAGEMENT PLANS FOR APPROVAL dated the 12th August 2016 which was later withdrawn on the 12th September 2016 by the Department of Environmental Affairs in order to pursue further consultation with the relevant industries.
For the Full Regulations please refer to Annexure A of this update for August /September 2016
National Water Act 36 of 1998
IMPEDING OR DIVERTING THE FLOW OF WATER IN A WATERCOURSE (SECTION 21(C)), OR ALTERING THE BED, BANKS, COURSE OR CHARACTERISTICS OF A WATERCOURSE (SECTION 21(1)) OF THE NATIONAL WATER ACT (ACT NO. 36 OF 1998). This General Authorisation replaces the need for a water user to apply for a licence in terms of the National Water Act (Act 36 of 1998) (“the Act”) provided that the water use is within the limits andconditions of this General Authorisation.
For a copy of the full Regulations See ANNEXURE B of this update August /September 2016
Limiting the use of water in terms of item 6 of schedule 3 of the National Water Act of 1998 for irrigation, urban, industrial and mining Purposes from the Polokwane water supply system, Mutshedzi, Nzhelele, Nwanedzi and Luphephe, Albasini, Vondo, middle Letaba, Nsami, flag Boshielo, Tzaneen and Glen Alpine sub-system/dams-Limpopo provincial Operations
For a copy of the full Regulations See ANNEXURE C of this update August /September 2016
For a copy of the full Regulations See ANNEXURE D of this update August /September 2016
National Heritage Resources Act 25 of 1999
The South African National Roads Agency Limited and National Roads Act 8 of 1998
Marine Living Resources Act 18 of 1998
The Delegated Authority has, after due consideration, decided that a precautionary approach is required in implementing the new small-scale fishery and in so doing the duration of a small-scale fishing right shall be for a maximum of three years, and the Delegated Authority may only once at the expiration of such a period extend the period of validity of the right for a further period not exceeding two years on such conditions as she may impose.
Section 2 – Safety and Health (National)
Occupational Health and Safety Act 85 of 1993
1. Notice of direction in terms of section 27(2) of the Occupational Health and Safety Act, read with Regulation 3(4)(a) of the General Safety Regulations. Published in GG Notice 40313 Notice 1198 dated 30th September 2016.
Notice is hereby given that as from the date of this notice, all applications for approval from a person or organisation who wants to provide first aid training approved by the Chief Inspector, as referred to in Regulation 3 (4) (d) of the General Safety Regulation published under Government Notice R1031 of 30 May 1986 will only be considered if it is accompanied by a valid accreditation
certificate issued by the Health and Welfare SETA (HWSETA) established in terms of section 9 (1) of the Skills Development Act, 1998, and has been authorised by the Chief Inspector to carry out such accreditation.
Those already registered with the Department of Labour, will after the promulgation of this notice, be granted 12 months to be accredited with HWSETA. All service providers who fail to register within the given period will be automatically be de-registered from the Department of Labour database and will no longer be recognized as legitimate service providers.
Correction Notice: Government Notice No. R256 published in government gazette No.10577dated 16 March 2016 is hereby corrected as follows. I, Tibor Szana, appointed as the chief inspector in terms of section 27(1) of the said Act, and by virtue of the powers delegated to me by the Minister of Labour in terms of section 42(1) of the Act, after consultation with the Advisory Council for Occupational Health and Safety, hereby, under section 44 of the Occupational Health and Safety Act (Act No. 85 of 1993), as amended, amend the schedule in the Lift, Escalator and Passenger Conveyor Regulations, 2010, by replacing SANS10360 with SANS 53015.
Mine Health and Safety Act 29 of 1996
2. Department of Mineral Resources Mine health and safety Inspectorate Guideline for the Compilation of a Mandatory Code of Practice for Prevention of Fires at Mines dated 30 September 2016. The main objective of this guideline is to enable the employer at every mine where a fire could pose a significant risk to the health or safety of persons, to prepare a COP which, if properly implemented and complied with, would improve control measures aimed at preventing fire incidents. The guideline provides guidance of a general nature on the required format and content for the COP and details sufficient technical background to enable the drafting committee at the mine to prepare a comprehensive and practical COP for their mine. COIDA Act (130/1993) as amended by act (61/1997): Compensation fund: bank accounts for the members of the public to be aware of. 3. The Compensation Fund would like to gazette the following bank accounts in order for the members of the public to be aware of. These accounts are to be used by the Public when deposit money to the Compensation Fund. Furthermore members of the public should be aware of the deposit reference to be used in order to ensure seamless reconciliations. Note that all these accounts are at ABSA _________________________________________________________________________ Account number Purpose Reference number_________________________________________________________________________010 0793 0905 For the deposits on the The contract account Annual Assessments. i.e. number; the number that ROE; only starts with “99” 010 0791 0904 For the overpayments Pension number on pensions only 040 7290 3030 Refunds for the The claim overpayments of Compensation and medical number/business related claims only partner 040 7290 3014 Refunds for the The business partner procurement related number (appear on the overpayments remittance advises)
National Railway Safety Regulator Act 16 of 2002
Notification of the publication of railway safety regulator standards. Published in GG 40312 dated 30 September 2016.
The Chief Executive Officer of the Railway Safety Regulator (RSR), hereby, in terms of regulation 4(1) (h) of the National Railway Safety Standards Regulations, 2006, give notice of the publication of the Regulator Standards listed below. 1. RSR 00-2-3-1: 2016: Edition 1.0 Part 2-3-1: RAILWAY SAFETY MANAGEMENT: Requirements for systemic engineering and operational safety standards – Rolling stock: Wheels, axles and bearings 2. RSR 00-4-1: 2016: Edition 1.0; Part 4-1: RAILWAY SAFETY MANAGEMENT – Human Factors Management- Fatigue Management 3. RSR 00-3: 2016 Edition 1.0; Part 3: RAILWAY SAFETY MANAGEMENT – Occurrence Management 4. RSR 00-2-7: 2016: Edition 1.0; Part 2-7: RAILWAY SAFETY MANAGEMENT – Requirements for systemic engineering and operational safety standards – Railway stations The above Regulator Standards shall be effective from the date of publication
Medicines and Related Substances Act 101 of 1965
Medical Schemes Act 131 of 1998
Health Professions Act 56 of 1974
National Regulator for Compulsory Specifications Act 5 of 2008 (as amended through the Legal Metrology Act 9 of 2014
Standards Act 8 of 2008
Agricultural Product Standards Act 119 of 1990
Plants Breeders’ Rights Act 15 of 1976
Section 3 – Safety, Health and Environmental (Draft National Legislation and Regulation)
National Environmental Management Act 107 of 1998
National Environmental Management: Waste Act 59 of 2008
National Environmental Management: Biodiversity Act 10 of 2004
Department of Environmental Affairs
Astronomy Geographic Advantage Act 21 of 2007
Civil Aviation Act 13 of 2009
Revised Draft Policy and Bill on the Preservation and Development of Agricultural Land
Health Professions Act 56 of 1974
Medicines and Related Substances Act 101 of 1965
National Research Foundation Amendment Bill 2015
Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972
National Nuclear Regulatory Act 47 of 1999
14. Notice is hereby given that Eskom (Pty) SOC has made applications to the National Nuclear Regulator (NNR) for Nuclear Installation Site Licences for the Thyspunt site and Duynefontyn site respectively. The Thyspunt site is situated in the Eastern Cape between the towns of Humansdorp (north), St Francis Bay (east) and Oyster Bay (west). The nearest city is Port Elizabeth located 80km to the east. The site is currently accessed from the N2 national route at Humansdorp then via a gravel road to Oyster Bay. GPS coordinates: S 34° 10′ 424″ E 24° 40′ 344″ The Duynefontyn site is an existing nuclear site comprising the Koeberg Nuclear Power Station, situated on the farm Duynefontyn No 1552 in the City of Cape Town, Cape Division, Western Province. It is approximately 25km north of Cape Town and falls within the Cape Town District Municipality. In terms of section 21(4) of the National Nuclear Regulatory Act, representations may be made by persons affected by the granting of such a Nuclear Installation Site Licence, to the Board of the National Nuclear Regulator within 30 days from the date of publication. Persons wishing to make representation to the NNR may –
1. Submit written comments to the NNR.
a. Submissions of written comments must reach the NNR by no later than 30 days after the publication date
b. All written comments must be addressed to Mr Peter Bester: Special Nuclear Projects, National Nuclear Regulator, PO Box 7106, Centurion 0046
c. Copies of written representations may also be hand delivered to the offices of the National Nuclear Regulator, Block G, Eco Glades Office Park 2, 420 Witch Hazel Avenue, Highveld Ext 75, Ecopark, Centurion, marked for the attention of Mr Peter Bester: Special Nuclear Projects
d. Written representations may also be e-mailed to NISLcomments@nnr.co.za
e. Copies of written representations may also be hand delivered to the offices of the National Nuclear Regulator, 12 Raatz Drive, Delphi Arch Bullding, Table View 7441
2. Written comments may be made in any of the official languages.
3. Written comments received after the closing date will not beconsidered. The formal application made by Eskom is available on: • NNR website: www.nnr.co.za • Eskom website: www.eskom.co.za The access point of the information is on the New Build landing page: http://www.eskom.co.za/Whatweredoing/New Build/Pages/New Build Programme.aspx The documents are available on their own page: http://www.eskom.co.za/Whatweredoing/New Build/Pages/LicenceAppl.aspx
Hazardous Substances Act 15 of 1973
15. Group I, category B, Hazardous Substances: Declaration published in GG 40293 Notice 1075 dated 23rd September 2016.The Delegated Authority has, after due consideration, decided that a precautionary approach is required in implementing the new small-scale fishery and in so doing the duration of a small-scale fishing right shall be for a maximum of three years, and the Delegated Authority may only once at the expiration of such a period extend the period of validity of the right for a further period not exceeding two years on such conditions as she may impose.
In terms of section 2(1) (a) of the Hazardous Substances Act, 1973 (Act No. 15 of 1973), read with section 2(3) (a), of the said Act, I Dr Aaron Motsoaledi, Minister of Health, hereby intent to declare the substances mentioned in the schedule hereto and mixture containing such substances, products or materials to be Group I, Category B hazardous substances. Interested persons are invited to submit substantiated comments or representations on the proposed declaration to the Director-General: Department of Health, Private Bag X 828, Pretoria, 0001 (for the attention of the Director: Environmental Health), by fax to: 012- 395 8802, attention: Ms Aneliswa Cele, or by e-mail to: CeleA@health.gov.za, within three (3) months from the date of publication of this notice
SCHEDULE Group I, Category B hazardous substances
1. (1) All pesticides substances listed in Annexure III of the Rotterdam Convention;
(2) All pesticides substances listed in Annexure A, B and C of the Stockholm Convention;
(3) Class 6.1: Poisonous (toxic) substances specified in Annexure E of the South African Bureau of Standards latest Code of Practice 10228: The identification and classification of dangerous goods for transport by road and rail modes; and classified as acute toxicity oral or dermal category Ia or lb in terms of the latest World Health Organization Recommended Classification of Pesticides, except when these substances and preparations and admixtures thereof are scheduled substances underthe Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965).
Section 4 – Safety, Health & Environmental (Provincial Legislation & Municipal By-laws)
Eastern Cape Province
KwaZulu-Natal Province
Western Cape Province
Limpopo Province
Mpumalanga Province
North-West Province
Gauteng Province
Section 5 – Safety, Health & Environmental (Draft Provincial Legislation & By-laws)
Western Cape Province
Limpopo Province
North West Province
Northern Cape Province
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