HSE LEGAL UPDATES JUNE/JULY 2016

HSE UPDATES JUNE/JULY 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 Act 107 of 1998 

  1. Interim arrangements with respect to the minimum information requirements for submission of an EA application related to shale gas. Published in GG 40041 Notice Number 619 dated 3 June 2016.
  2. Identification of the Minister as the Competent Authority for the consideration and processing of Environmental Authorisations and amendments thereto for activities relating to the Integrated Resource Plan (IRP) 2010 – 2030. Published in GG 40110 Notice Number 779 dated 1 July 2016.

National Heritage Resources Act 25 of 1999 

  1. Provisional protection of the Lutheran Church, Cape Town. Published in GG 40041 Notice Number 310 dated 3 June 2016.
  2. Declaration of the South African National Memorial: Delville Wood as a National Heritage Site. Published in GG 40100 Notice Number 772 dated 28 June 2016.

Merchant Shipping Amendment Act 12 of 2015 

  1. Commencement date of the Amendment Act is 6 June 2016. Published in GG 40051 Notice Number 35 dated 6 June 2016.

National Land Transport Act 5 of 2009 

  1. Establishment of the National Public Transport Regulator. Published in GG 40110 Notice Number 378 dated 1 July 2016.

 

 

 

National Environmental Management: Biodiversity Act, 2004 (Act no. 10

of 2004)(NEMBA)    

 

  1. Request for communities or individuals holding traditional knowledge associated with the use of pseudolachnostylis maprouneifolia and xeroderris stuhlmannii. Published in GG 40173 dated 29/07/2016.

 

  1. Alien and Invasive Species List. Published in GG 40166 Notice Number 864 dated 29 July 2016

 

Due to the size of these lists these have been included as Annexures to this update as Annexure A.

 

National Environmental Management Act, 1998 (Act 107 of 1998) (NEMA)

 

9. Regulations pertaining to the appointment of a registration authority responsible for the registration of environmental assessment practitioners and pertaining to the specification of tasks in relation to an application for environmental authorisation that may only be performedby a registered environmental assessment practitioner, under sections 24(5)(e), 24H and 44 of the National Environmental Management Act, 1998 (Act No. 107 of 1998)

 

Regulations included as Annexure B to this update

 

National Environmental Management: Integrated Coastal Management Act, 2008 (act no. 24 of 2008)

 

  1. Appeal regulations. Published in GG 40128 Notice Number 815 dated 8 July 2016.

The purpose of these Regulations is to regulate the procedure contemplated in sections 74, 75, 76, 77 and 78 of the Act relating to the submission, processing and consideration of, and a decision on an appeal.

 

Section 74 of the Act states as follows: A person to whom a coastal protection notice or coastal access notice in terms of section 59 or a repair and removal notice in terms of section 60, has been issued, may lodge a written appeal against that notice with-

 

(a)     the Minister, if the notice was issued by an MEC or by a person exercising powers which have been delegated by the Minister to such person in terms of this Act; or

 

(b)     the MEC of the province concerned, if the notice was issued by a municipality in that province or by a person exercising powers delegated by the MEC in terms of this Act.

 

 

 

 

 

Fertilizers, Farm feeds, Agricultural remedies and Stock remedies Act,

1947 (Act no, 36 of 1947)

 

  1. Government Notice 879 dated 29-07-2016 published in Government Gazette 40169

 

In terms of this Notice there is a prohibition on the import, export, possession, acquisition, sale, use and disposal of agricultural remedies which contains:-

 

  1. Aldicarb

 

  1. Aldrin

 

iii.    Azinphos-ethyl

 

  1. Binapacryl

 

  1. Carnphechlor (CLC)

 

  1. Captafol

 

vii.    Chlordimeform

 

viii.   Chlorobenzilate

 

  1. Dibromochloropropane

 

  1.       Dinitro-ortho-cresol (DNOC)

 

  1. Dinoseb

 

xii.    Endrin

 

xiii.   Heptachlor

 

xiv.    Hexachlorobenzene xv. Kepone

 

xvi.    Phosphamidon

 

xvii.   Phosphorous containing formulations

 

xviii.  Propham

 

 

 

 

 

 

Section 2 – Safety and Health (National)

Medicines and Related Substances Act 101 of 1965 

  1. Amendment to the Schedules. Published in GG 40041 Notice Number 620 dated 3 June 2016.
  2. Amendment to the regulations relating to a transparent pricing system for medicines and scheduled substances. Published in GG 40094 Notice Number 761 dated 24 June 2016.

Health Professions Act 56 of 1974 

  1. Opportunity to register as a specialist in family medicine. Published in GG 40110 Notice Number 777 dated 1 July 2016.
  2. Amendment to the regulations relating to the registration of emergency care practitioners of additional qualifications. Published in GG 40106 Notice Number 775 dated 30 June 2016.
  3. Withdrawal notice of draft regulations which were published in January and February 2014: Regulations relating to the registration of student emergency care consultants and student emergency care specialists, Regulations relating to the qualifications for the registration of emergency care specialists and Regulations relating to the qualifications for the registration of emergency care consultants. Published in GG 40106 Notice Number 776 dated 30 June 2016.

Mental Health Care Amendment Act 12 of 2014 

  1. Commencement date of the Amendment Act is 1 July 2016. Published in GG 40107 Notice Number 37 dated 30 June 2016.

Mine Health and Safety Act 29 of 1996 

  1. Guideline for a Mandatory Code of Practice for Risk Based Emergency Care on a Mine. Published in GG 40142 Notice Number 840 dated 15 July 2016.
  2. Guidance Note for the Implementation of Standard Threshold Shift in Medical Surveillance of Noise Induced Hearing Loss. Published in GG 40142 Notice Number 839 dated 15 July 2016.

 

 

 

 

Section 3 – Safety, Health and Environmental (Draft National Legislation and Regulation)

National Forests Act 84 of 1998

  1. Republic of South Africa National Forests Amendment Bill

OBJECTS OF BILL

The objects of the Bill are to—

  • provide clear definitions of terms;
  • increase promotion and enforcement of Sustainable Forest Management;
  • increase in measures to control and remedy deforestation;
  • provide for appeal procedures;
  • promote equity by inclusion of participation into the National Forests Advisory Council by vulnerable and previously disadvantaged groups (especially women and youth).

 

  For the text of the Bill refer to Annexure C under the Annexures Section

National Environmental Management: Biodiversity Act 10 of 2004 

  1. Draft Biodiversity Management Plan for Pickersgill’s Reed Frog (hyperolius pickergilli). Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 40058 Notice Number 337 dated 10 June 2016.

National Water Act 36 of 1998 

  1. Proposed classes of water resources and resource quality objectives with the accompanying reserve for the catchments of the Mvoti to Umzimkulu. Written comments must be submitted within 60 days from the date of publication of this notice. Published in GG 40075 Notice Number 724 dated 17 June 2016.

National Environmental Management Act 107 of 1998 

  1. Draft Generic Environmental Management Programme. Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 40110 Notice Number 778 dated 1 July 2016.

Department of Environmental Affairs  

  1. Draft Strategy to Address Air Pollution in Dense Low-Income Settlements. Members of the public are invited to submit written comments within 60 days after the publication of the notice in the gazette. Published in GG 40088 Notice Number 356 dated 24 June 2016.

Department of National Treasury  

  1. Draft Regulations on the Carbon Offset in terms of the Draft Carbon Tax Bill. Written comments should be submitted by close of business on 29 July 2016. The draft regulations were published on the Department of National Treasury’s website

Spatial Data Infrastructure Act 54 of 2003 

  1. Proposed Spatial Data Infrastructure Regulations. All interested persons and organisations are invited to submit written comments within 30 days of publication of this notice. Published in GG 40058 Notice Number 698 dated 10 June 2016.

National Health Act 61 of 2003 

  1. Proposed Emergency Medical Services Regulations. Interested persons are invited to submit written comments within 3 months of this notice. Published in GG 40140 Notice Number 830 dated 15 July 2016.

Medicines and Related Substance Act 101 of 1965 

  1. Proposed amendment to the general regulations. Interested persons are invited to submit written comments within 1 month of the publication of this notice. Published in GG 40158 Notice Number 858 dated 25 July 2016.
  2. Amendment to the Schedules. Published in GG 40041 Notice Number 620 dated 3 June 2016.
  3. Amendment to the regulations relating to a transparent pricing system for medicines and scheduled substances. Published in GG 40094 Notice Number 761 dated 24 June 2016.

Health Professions Act 56 of 1974 

  1. Opportunity to register as a specialist in family medicine. Published in GG 40110 Notice Number 777 dated 1 July 2016.
  2. Amendment to the regulations relating to the registration of emergency care practitioners of additional qualifications. Published in GG 40106 Notice Number 775 dated 30 June 2016.
  3. Withdrawal notice of draft regulations which were published in January and February 2014: Regulations relating to the registration of student emergency care consultants and student emergency care specialists, Regulations relating to the qualifications for the registration of emergency care specialists and Regulations relating to the qualifications for the registration of emergency care consultants. Published in GG 40106 Notice Number 776 dated 30 June 2016.

Mental Health Care Amendment Act 12 of 2014 

  1. Commencement date of the Amendment Act is 1 July 2016. Published in GG 40107 Notice Number 37 dated 30 June 2016.

 

Firearms Control Act 60 of 2000 

  1. Notice that the State intends to destroy firearms and ammunition as well as firearm parts that were voluntarily surrendered to or forfeited to the State. Published in GG 40073 Notice Number 721 dated 15 June 2016.

Section 4 – Safety, Health & Environmental (Provincial Legislation & Municipal By-laws)

Eastern Cape Province  

  1. Extension of the declared local state of organic pollution disaster. Published in PG 3707 Notice Number 163 dated 15 July 2016.

 

  1. The Buffalo City Metropolitan Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3709 Notice Number 62 dated 18 July 2016.

 

  1. Disaster Management Act 57 of 2002: extension of declared local state of organic pollution disaster. Published in PG 3677 Notice Number 134 dated 3 June 2016.

 

  1. Senqu Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3683 Notice Number 136 dated 13 June 2016.

 

  1. Elundeni Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3689 Notice Number 2 dated 20 June 2016.

 

KwaZulu-Natal Province

  1. Extension of the declaration of a provincial state of disaster. Published in PG 1700 Notice Number 129 dated 7 July 2016.

 

  1. Promotion of Access to Information Act 2 of 2000: Manual of the uMlalazi Municipality. Published in PG 1681 Notice Number 101 dated 2 June 2016.

 

  1. Promotion of Access to Information Act 2 of 2000: Manual of the Umshwathi Municipality. Published in PG 1682 Notice Number 106 dated 9 June 2016.

 

  1. Ugu District Municipality: Disaster Management By-law. Published in PG 1684 Notice Number 69 dated 10 June 2016.

 

  1. Emadlangeni Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1690 Notice Number 23 dated 23 June 2016.

 

  1. Heritage KwaZulu-Natal: new submission fee structure for applications and services for 2016-2017. Published in PG 1688 Notice Number 19 dated 16 June 2016.

 

Western Cape Province 

 

  1. Bergrivier Municipality: Repeal of House Shops By-law. Published in PG 7641 dated 1 July 2016.

 

  1. Swartland Municipality: By-law relating to Boundary Walls and Fences and Parking Management bylaw. Published in PG 7638 dated 24 June 2016.

 

  1. City of Cape Town: Integrated Waste Management Amendment By-law. Published in PG 7646 Notice Number 272 dated 30 June 2016.

 

  1. City of Cape Town: Municipal Planning Amendment By-law. Published in PG 7647 dated 1 July 2016.

 

  1. Central Karoo District Municipality: extension of declaration of local state of disaster. Published in PG 7654 dated 22 July 2016.

 

  1. Commencement of the Western Cape Land Use Planning Act 3 of 2014 in certain municipal areas. Published in PG 7622 Notice Number 14 dated 1 June 2016.

 

  1. Central Karoo District Municipality: Declaration of local disaster. Published in PG 7623 dated 3 June 2016.

 

  1. Mossel Bay Municipality: Amendment to the by-law relating to the regulation of electricity supply. Published in PG 7623 dated 1 June 2016.

 

  1. Drakenstein Municipality: Amendment to electricity supply by-law. Published in PG 7628 dated 10 June 2016.

 

  1. Western Cape Nature Conservation Board has been assigned as the Management Authority of the Driftsands Provincial Nature Reserve. Published in PG 7628 Notice Number 237 dated 10 June 2016.

 

  1. Western Cape Nature Conservation Board: declaration of the Papegaaiberg Nature Reserve. Published in PG 7628 Notice Number 238 dated 10 June 2016.

 

  1. Bergrivier Municipality: Integrated Zoning Scheme By-law. Published in PG 7629 Notice Number 239 dated 18 June 2016.

 

  1. Bergrivier Municipality: Fire Safety By-law. Published in PG 7637 dated 24 June 2016.

 

  1. Knysna Municipality: Community Safety By-law. Published in PG 7634 dated 15 June 2016.

 

Limpopo Province 

 

  1. Elias Motsoaledi Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2730 Notice Number 20 dated 1 July 2016.

 

  1. Makhado Local Municipality: Impoundment of Animals By-law. Published in PG 2713 Notice Number 59 dated 3 June 2016.

 

  1. Makhado Local Municipality: Public Nuisance By-law. Published in PG 2713 Notice Number 58 dated 3 June 2016.

 

  1. Makhado Local Municipality: Street Trading By-law. Published in PG 2713 Notice Number 57 dated 3 June 2016.

 

  1. Makhado Local Municipality: Swimming Pools By-law. Published in PG 2713 Notice Number 56 dated 3 June 2016.

 

  1. National Environmental Management Act 107 of 1998: Environmental Implementation Plan: Second Edition 2015-2020 for the Limpopo Provincial Government. Published in PG 2715 Notice Number 64 dated 10 June 2016.

 

  1. Declaration of farms as nature reserves in terms of the National Environmental Management: Protected Areas Act 57 of 2003. Published in PG 2717 Notice Number 68 dated 17 June 2016.

 

  1. Disaster Management Act 57 of 2002: Declaration of disaster area. Published in PG 2724 Notice Number 89 dated 24 June 2016.

 

  1. Mogalakwena Municipality: Land Use Management By-law. Published in PG 2723 Notice Number 19 dated 24 June 2016.

 

  1. Thulamela Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2722 Notice Number 99 dated 24 June 2016.

 

 

 

Mpumalanga Province 

 

  1. Emakhazeni Local Municipality: Accommodation Establishment By-law. Published in PG 2708 Notice Number 60 dated 1 July 2016.

 

  1. Emakhazeni Local Municipality: Water Supply and Sanitation Services By-law. Published in PG 2708 Notice Number 61 dated 1 July 2016.

 

  1. Emakhazeni Local Municipality: Heritage Resources and Cultural Institutions By-law. Published in PG 2708 Notice Number 63 dated 1 July 2016.

 

  1. Emakhazeni Local Municipality: Fences and Fencing By-law. Published in PG 2708 Notice Number 64 dated 1 July 2016.

 

  1. Emakhazeni Local Municipality: Waste Management By-law. Published in PG 2708 Notice Number 66 dated 1 July 2016.

 

  1. Emakhazeni Local Municipality: Nuisances and Offensive Conditions By-law. Published in PG 2708 Notice Number 67 dated 1 July 2016.

 

  1. Mbombela Local Municipality: Solid Waste Management By-law. Published in PG 2714 Notice Number 24 dated 22 July 2016.

 

  1. Nkangala District Municipality: Air Quality Management By-law. Published in PG 2701 Notice Number 45 dated 10 June 2016.

 

  1. Nkangala District Municipality: Municipal Health By-law. Published in PG 2701 Notice Number 46 dated 10 June 2016.

 

  1. Nkangala District Municipality: Fire Prevention and Flammable Liquids and Substances By-law. Published in PG 2701 Notice Number 47 dated 10 June 2016.

 

North-West Province  

 

  1. Rustenburg Municipality: Integrated Waste Management By-law. Published in PG 7653 Notice Number 105 dated 7 June 2016.

 

  1. Rustenburg Municipality: Public Cemeteries By-law. Published in PG 7653 Notice Number 108 dated 7 June 2016.

 

  1. Declaration of a provincial state of drought disaster. Published in PG 7659 Notice Number 23 dated 21 June 2016.

 

Gauteng Province  

 

  1. Midvaal Local Municipality: Amendments to the Water Services By-law and the Electricity Supply Bylaw. Published in PG 222 Notice Number 974 dated 22 June 2016.

 

Free State Province 

 

  1. Setsoto Municipality: Water Services By-law. Published in PG 33 Notice Number 87 dated 24 June 2016.

 

  1. Manguang Metropolitan Municipality: Amendments to the following existing by-laws:
  2. Lease of Municipal Halls by-law. Published in PG 34 Notice Number 88 dated 24 June 2016.
  3. Fresh Produce Market by-law. Published in PG 34 Notice Number 89 dated 24 June 2016. c. Municipal Cemeteries by-law. Published in PG 34 Notice Number 90 dated 24 June 2016. d. Control of Collections by-law. Published in PG 34 Notice Number 91 dated 24 June 2016. e. Electricity Supply by-law. Published in PG 34 Notice Number 92 dated 24 June 2016.
  4. Child Care Facilities by-law. Published in PG 34 Notice Number 93 dated 24 June 2016.
  5. Display of Property Numbers and Names by-law. Published in PG 34 Notice Number 94 dated 24 June 2016.
  6. Municipal Swimming Pools by-law. Published in PG 34 Notice Number 95 dated 24 June 2016.
  7. Discharge of Industrial Effluent by-law. Published in PG 34 Notice Number 96 dated 24 June 2016.
  8. Licensing of Dogs by-law. Published in PG 34 Notice Number 97 dated 24 June 2016.

 

  1. Manguang Metropolitan Municipality: Promulgation of the following new by-laws:
  2. Public Amenities by-law. Published in PG 35 Notice Number 98 dated 24 June 2016.
  3. Municipal Parks by-law. Published in PG 35 Notice Number 99 dated 24 June 2016.
  4. Events by-law. Published in PG 35 Notice Number 100 dated 24 June 2016.
  5. Public Streets by-law. Published in PG 35 Notice Number 101 dated 24 June 2016.
  6. Public Nuisance by-law. Published in PG 35 Notice Number 102 dated 24 June 2016.
  7. Building Regulation by-law. Published in PG 35 Notice Number 103 dated 24 June 2016.
  8. Noise Control by-law. Published in PG 35 Notice Number 104 dated 24 June 2016.
  9. Disaster Management by-law. Published in PG 35 Notice Number 105 dated 24 June 2016. s. Traffic Regulations by-law. Published in PG 35 Notice Number 106 dated 24 June 2016.
  10. Encroachment on Property by-law. Published in PG 35 Notice Number 107 dated 24 June 2016.
  11. Municipal Libraries by-law. Published in PG 35 Notice Number 108 dated 24 June 2016.
  12. Informal Trading by-law. Published in PG 35 Notice Number 108 dated 24 June 2016.
  13. Keeping of Animals, Poultry and Bees by-law. Published in PG 35 Notice Number 109 dated 24 June 2016.
  14. Initiation Schools by-law. Published in PG 35 Notice Number 111 dated 24 June 2016.

 

North West Province

  

  1. Determination of the effective date of the coming into operation of the North West Parks Board. Published in PG 7671 Notice Number 33 dated 19 July 2016.
  2. Determination of the effective date of the coming into operation of the North West Tourism Board. Published in PG 7671 Notice Number 34 dated 19 July 2016.

 

 

Section 5 – Safety, Health & Environmental (Draft Provincial Legislation & By-laws)

Eastern Cape Province  

  1. Makana Municipality: Draft Integrated Land Scheme is available for public comment until 12 August 2016. Published in PG 3683 Notice Number 49 dated 13 June 2016.

Western Cape Province 

  1. Draft Breede River Estuarine Management Plan. Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in PG 7653 Notice Number 288 dated 20 July 2016.

 

 

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