LEGAL UPDATES JANUARY TO MARCH 2020

JANUARY TO MARCH 2020

ENVIRONMENTAL NATIONAL LEGISLATION

JANUARY 2020

NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998

1. National Environmental Management Act (107/1998): Procedures to be followed for the Assessment and Minimum Criteria for Reporting of Identified Environmental Themes in terms of Section 24 (5)(a). These Procedures deal with Environmental Assessment Practioners protocol for the assessment and reporting of environmental impacts on terrestrial animal and plant species.

FEBRUARY 2020

NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT 24 OF 2008

1. Commencement date of section 11 of the Act was 7 February 2020. Published in GG 42999 Notice Number 93 dated 7 February 2020.

MARCH 2020

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004

1. Amendment of Category I of the List 2.

Category 1: Combustion Installations of the List is hereby amended by the addition to subparagraph (a) of paragraph (1)

Subcategory 1.1: Solid Fuel Combustion Installations of the following item: “(iv) Existing plants shall comply with a new plant emission limit of 1000 mg/Nm3 for sulphur dioxide (SO2).

NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998

2. Procedures for the assessment and minimum criteria for reporting on identified environmental themes when applying for an environmental authorisation. Published in GG 43110 Notice Number 320 dated 20 March 2020.

COVID -19 LEGISLATION

DISASTER MANAGEMENT ACT 57 OF 2002

1. Declaration of a National State of Disaster due to the COVID-19 outbreak. Published in GG 43096 Notice Number 313 dated 15 March 2020.

Considering the magnitude and severity of the COVID -19 outbreak which has been declared a global pandemic by the World Health Organisation (WHO) and classified as a national disaster by the Head of the National Disaster Management Centre, and taking into account the need to augment the existing measures undertaken by organs of state to deal with the pandemic, I, Dr Nkosazana Dlamini Zuma, the Minister of Cooperative Governance and Traditional Affairs, as designated under Section 3 of the Disaster Management Act, 2002 (Act No. 57 of 2002) ( “the Act “), in terms of –

1) Section 27(1) of the Act, hereby declare a national state of disaster having recognised that special circumstances exist to warrant the declaration of a national state of disaster; and

2) Section 27(2) of the Act may, when required, make regulations or issue directions or authorise the issue of directions concerning the matters listed therein, only to the extent that it is necessary for the purpose of – (a) assisting and protecting the public; (b) providing relief to the public; (c) protecting property; (d) preventing or combatting disruption; or (e) dealing with the destructive and other effects of the disaster.

2. Classification of a National Disaster due to the COVID-19 outbreak. Published in GG 43096 Notice Number 312 dated 15 March 2020.

I, Dr Mmaphaka Tau, in my capacity as Head of the National Disaster Management Centre after assessing the potential magnitude and severity of the COVID -19 pandemic in the country, hereby give notice that on 15 March 2020, in terms of section 23(1)(b) of the Disaster Management Act, 2002 (Act No. 57 of 2002) (the Act), classified the COVID -19 pandemic as a national disaster.

I hereby, in terms of Section 15(2)(aA) of the Act, read with section 23(8), call upon organs of state to further strengthen and support the existing structures to implement contingency arrangements and ensure that measures are put in place to enable the national executive to effectively deal with the effects of this disaster

3. Regulations issued in terms of Section 27(2) of the Act. Published in GG 43107 Notice Number 318 dated 18 March 2020

I, Dr Nkosazana Diamini Zuma, the Minister of Cooperative Governance and Traditional Affairs, designated under Section 3 of the Disaster Management Act, 2002 (Act No. 57 of 2002) ( “the Act “), having declared a national state of disaster, published in Government Gazette No. 43096 on 15 March 2020, in terms of Section 27(2) of the Act, after consulting the relevant Cabinet members, hereby make the Regulations set out in the schedule hereto regarding the steps necessary to prevent an escalation of the disaster or to alleviate, contain and minimise the effects of the disaster.

Definitions

1. In these Regulations, unless the context otherwise indicates—

‘adequate space’ means not more than one person per square meter of floor space;

‘COVID-19’ means the Novel Coronavirus (2019-nCov) which is an infectious disease caused by a virus, which emerged during 2019 and was declared a global pandemic by the WHO during the year 2020 that has previously not been scientifically identified in humans;

Criminal Procedure Act’ means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);

‘enforcement officer’ includes a member of the South African Police Service, the South African National Defence Force and a peace officer as defined in section 1 of the Criminal Procedure Act;

‘donor’ means an individual, corporation or organisation that is a contributor of cash, kind and/or other assets;

‘gathering’ means any assembly, concourse or procession of more than 100 persons, wholly or partially in open air or in a building or premises;

‘isolation’ means separating a sick individual with a contagious disease from healthy individuals without that contagious disease in such a manner as to prevent the spread of infection or contamination;

‘liquor’ means— (a) any liquor product, as defined in section 1 of the Liquor Products Act, 1979 (Act No. 60 of 1989); (b) beer or traditional African beer; or (c) any other substance or drink declared to be liquor under the Liquor Act, 2003 (Act No. 59 of 2003), but does not include methylated spirits;

‘national state of disaster’ means the national state of disaster declared by Government Notice No. R. 313 of 15 March 2020;

‘partial care facility’ means a facility offering partial care as defined in section 1 of the Children’s Act, 2005 (Act No. 38 of 2005);

‘quarantine’ means separating asymptomatic individuals potentially exposed to a disease from non-exposed individuals in such a manner as to prevent the possible spread of infection or contamination;

‘school’ means a school as defined in section 1 of the South African Schools Act, 1984 (Act No. 84 of 1996); and

‘the Act’ means the Disaster Management Act, 2002 (Act No. 57 of 2002).

‘WHO’ means the World Health Organisation.

Prevention and prohibition of gatherings

3. (1) In order to contain the spread of COVID-19, a gathering is prohibited.

(2) An enforcement officer must, where a gathering takes place— (a) order the persons at the gathering to disperse immediately; and (b) if they refuse to disperse, take appropriate action, which may, subject to the Criminal Procedure Act, include arrest and detention.

(3) The assembly of more than 50 persons at premises where liquor is sold and consumed is prohibited.

Refusal of medical examination, prophylaxis, treatment, isolation and quarantine

4. (1) No person who has been clinically, or by a laboratory, confirmed as having COVID-19, or who is suspected of having contracted COVID-19, or who has been in contact with a person who is a carrier of COVID–19, may refuse consent to an enforcement officer for—

(a) submission of that person to a medical examination, including but not limited to the taking of any bodily sample by a person authorised in law to do so;

(b) admission of that person to a health establishment or a quarantine or isolation site; or

(c) submission of that person to mandatory prophylaxis, treatment, isolation or quarantine or isolation in order to prevent transmission: Provided that if a person does not comply with the instruction or order of the enforcement officer, that person must be placed in isolation or quarantine for a period of 48 hours, as the case may be, pending a warrant being issued by a magistrate, on application by an enforcement officer for the medical examination contemplated in paragraph (a).

(2) A warrant contemplated in subregulation (1) may be issued by a magistrate, if it appears from information on oath or affirmation by an enforcement officer —

(a) that a person is confirmed as having been infected with COVID-19;

(b) who is on reasonable grounds suspected of having contracted COVID-19, or who has been in contact with, or on reasonable grounds suspected to have been in contact with a person who is a carrier or infected with COVID–19. (3) The warrant may impose restrictions on the powers of the enforcement officer as the magistrate may deem fit.

(4) A warrant issued in terms of this regulation remains in force until —

(a) it is executed;

(b) it is cancelled by the person who issued it or, if such person is not available, by any person with like authority;

(c) the expiry of ninety days from the date of its issue; or

(d) the purpose for the issuing of the warrant has lapsed, whichever occurs first.

(5) No person is entitled to compensation for any loss or damage arising out of any bona fide action or omission by an enforcement officer under this regulation.

Closure of schools and partial care facilities

6. Schools and partial care facilities must be closed by 18 March 2020 until 15 April 2020, which period may be extended for the duration of the national state of disaster by the cabinet member responsible.

Suspension of visits

7. All visits by members of the public to—

(a) Correctional Centres;

(b) Remand Detention Facilities;

(c) Holding Cells;

(d) Military Detention Facilities; and

(e) Department of Social Development facilities, including Child and Youth Care Centres, shelters, One Stop Centres, and Treatment Centres, are suspended for a period of 30 days from the date of publication of this Notice, which period may be extended for any period, but not beyond the duration of the national state of disaster by the cabinet member responsible.

Limitation on the sale, dispensing or transportation of liquor

8. (1) All on-consumption premises selling liquor, including taverns, restaurants and clubs, must be closed with immediate effect, or must accommodate no more than 50 persons at any time: Provided that adequate space is available and that all directions in respect of hygienic conditions and limitation of exposure to persons with COVID-19, are adhered to.

(2) All premises selling liquor which provide accommodation must implement measures to stop the spread of COVID-19: Provided that adequate space is available and that all directions in respect of hygienic conditions and limitation of exposure to persons with COVID-19 are adhered to.

(3) No special or events liquor licenses may be considered for approval during the duration of the national state of disaster.

(4) All on-consumption premises selling liquor referred to in subregulation (1) must be closed — (i) between 18:00 and 09:00 the next morning on weekdays and Saturdays; and (ii) from 13:00 on Sundays and public holidays.

(5) All off-consumption premises selling liquor must be closed — (i) between 18:00 and 09:00 the next morning on weekdays and Saturdays; and (ii) from 13:00 on Sundays and public holidays.

Offences and penalties

11. (1) For purposes of regulation 3, any person who—

(a) convenes a gathering;

(b) permits more than 50 persons at premises where liquor is sold and consumed; or

(c) hinders, interferes with, or obstructs an enforcement officer in the exercise of his or her powers, or the performance of his or her duties in terms of these Regulations, is guilty of an offence and, on conviction, liable to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

(2) A person is guilty of an offence if that person fails to comply with or contravenes the provisions of regulations 6 and 9 of these Regulations.

(3) A person convicted of an offence mentioned in subregulation (2) liable on conviction to a fine or to imprisonment not exceeding six months or to both a fine and imprisonment.

(4) Any person who intentionally misrepresents that he, she or any other person is infected with COVID-19 is guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

(5) Any person who publishes any statement, through any medium, including social media, with the intention to deceive any other person about—

(a) COVID-19;

(b) COVID-19 infection status of any person; or

(c) any measure taken by the Government to address COVID-19, commits an offence and is liable on conviction to a fine or imprisonment for a period not exceeding six months, or both such fine and imprisonment.

(6) Any person who intentionally exposes another person to COVID-19 may be prosecuted for an offence, including assault, attempted murder or murder.

4. Directions issued by the Minister of Forestry, Fisheries and the Environment Affairs to address, prevent and combat the spread of COVID-19. Published in GG 43190 Notice Number 439 dated 31 March 2020.
5. Directions issued by the Minister of Cooperative Governance and Traditional Affairs to address, prevent and combat the spread of COVID-19. Published in GG 43147 Notice Number 399 dated 25 March 2020. a. Amendment to these directions. Published in GG 43184 Notice Number 432 dated 30 March 2020.
6. Directions issued by the Minister of Justice and Correctional Services to address, prevent and combat the spread of COVID-19 in all courts, court precincts and justice service points. Published in GG 43167 Notice Number 418 dated 26 March 2020 and replaced with GG 43191 Notice Number 440 dated 31 March 2020.
7. Directions issued by the Minister of Communications and Digital Technologies to address, prevent and combat the spread of COVID-19. Published in GG 43164 Notice Number 417 dated 26 March 2020.
8. Directions issued by the Minister of Transport to address, prevent and combat the spread of COVID-19 at the sea ports. Published in GG 43163 Notice Number 216 dated 26 March 2020.
9. Directions issued by the Minister of Transport to address, prevent and combat the spread of COVID-19 in air transport. Published in GG 43160 Notice Number 415 dated 26 March 2020. a. Amendment to these directions. Published in GG 43176 Notice Number 423 dated 27 March 2020. b. Amendment to these directions. Published in GG 43189 Notice Number 438 dated 31 March 2020.
10. Directions issued by the Minister of Transport to address, prevent and combat the spread of COVID-19 in railway operations. Published in GG 43159 Notice Number 414 dated 26 March 2020.
11. Directions issued by the Minister of Transport to address, prevent and combat the spread of COVID-19 in cross-border road transport. Published in GG 43158 Notice Number 413 dated 26 March 2020.
12. Directions issued by the Minister of Transport to address, prevent and combat the spread of COVID-19 in public transport services. Published in GG 43157 Notice Number 412 dated 26 March 2020. a. Amendment to these directions. Published in GG 43183 Notice Number 431 dated 30 March 2020.
13. Directions issued by the Minister of Home Affairs to address, prevent and combat the spread of COVID-19. Published in GG 43163 Notice Number 416 dated 26 March 2020.
14. Directions issued by the Minister of Social Development to address, prevent and combat the spread of COVID-19. Published in GG 43182 Notice Number 430 dated 30 March 2020.
15. Directive issued by the Minister of Employment and Labour to implement steps in respect of the administration of COVID-19 through the COVID-19 Temporary Employee/Employer Relief Scheme. Published in GG 43161 Notice Number 215 dated 26 March 2020.

COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT 130 OF 1993

1. Notice on compensation for occupationally-acquired COVID-19. Published in GG 43126 Notice Number 193 dated 23 March 2020.

HEALTH AND SAFETY NATIONAL LEGISLATION

JANUARY TO MARCH 2020

NATIONAL RAILWAY SAFETY REGULATOR ACT 16 OF 2002

REGULATIONS REGARDING THE CATEGORY AND TYPE OF ALL NOTIFIABLE RAILWAY OCCURRENCES TO BE REPORTED TO THE CHIEF EXECUTIVE OFFICER OF THE RAILWAY SAFETY REGULATOR, 2020

The Minister of Transport herewith, under section 37 of the National Railway Safety Regulator Act, 2002 (Act No. 16 of 2002) intends to make the Regulations set out in the Schedule .

Part A: GENERAL PROVISIONS

1. Definitions “railway occurrence” means railway occurrence as defined in the National Railway Safety Regulator Act, 2002 (Act No. 16 of 2002);
2. PURPOSE

2(1) The purpose of this Regulation is to ensure that notifiable railway occurrences are adequately managed within the operator’s Safety Management System and include:

(a) the reporting of notifiable railway occurrences to the Chief Executive Officer, within the manner required in the Regulations

(b) management of all notifiable occurrences;

(c) the provision of all the information required by the Chief Executive Officer as per this Regulation;

(d) the management of the scene of a notifiable occurrence and the preservation of evidence where reasonably practicable;

3. SCOPE

3(1) This regulation outlines the mandatory notifiable railway occurrences to be managed by the Operators as well as the railway occurrences that must be reported to the Chief Executive Officer in accordance with this Regulation.

3(2) This Regulation is intended to be read in conjunction with the SANS 3000 series of standards as well as the Railway Safety Regulator standards. 3

(3) The following types of railway operators shall put into place systems and procedures for the reporting of notifiable occurrences:

(a) Network Operators,

(b) Train Operators,

(c) Station Operators; or

(d) A combination of network, train and station operator.

3(4) Notifiable occurrences that happen on, or in relation to the operator’s railway premises or railway operations, must be reported by the operator to the Chief Executive Officer in the form, format and within the specified timeframes as prescribed by this Regulation.

Part B: MANDATORY NOTIFIABLE OCCURRENCES

4 Notifiable railway occurrences which are reportable to the Chief Executive Officer include the following:

(a) Operational railway safety occurrences;

(b) Security related railway occurrences;

(c) Railway occurrences related to the Transportation of Dangerous goods;

(d) Crowd related railway occurrences;

(e) Industrial Action related railway occurrences;

COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT 130 OF 1993

2. Period on which the Return of Earnings should be submitted in 2020. Published in GG 43104 Notice Number 174 dated 18 March 2020.

 

 

NATIONAL RAILWAY SAFETY REGULATOR ACT 16 OF 2002

3. Determination on verbal safety critical communication protocol for implementation by the railway operators. Published in GG 43138 Notice Number 360 dated 25 March 2020.

SAFETY, HEALTH AND ENVIRONMENTAL (PROVINCIAL LEGISLATION AND MUNICIPAL BY-LAWS)

JANUARY TO MARCH 2020

KWAZULU-NATAL PROVINCE

1. Draft Standard By-laws – the public and interested parties are invited to submit written comments by no later than 30 days after the publication thereof. Published in PG 2153 Notice Number 1 dated 2 January 2020:

Cemeteries, Crematoria and Undertakers By-law. • Sewage Disposal By-law. • Parks and Recreational Grounds By-law. • Environmental Health By-law.

SAFETY, HEALTH AND ENVIRONMENTAL (DRAFT NATIONAL LEGISLATION)

JANUARY TO MARCH 2020

OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993

1. Draft Commercial Diving Regulations. Interested persons are invited to submit written comments within 90 days from the date of publication of this notice. Published in GG 43033 Notice Number 180 dated 21 February 2020.

NATIONAL RAILWAY SAFETY REGULATOR ACT 16 OF 2002

2. Draft Railway Safety and Security Regulations, 2020. Interested persons are invited to submit written comments within 60 days of publication of this notice. Published in GG 43020 Notice Number 170 dated 14 February 2020.
3. Draft National Railway Safety Standards Development Regulations, 2020. Interested persons are invited to submit written comments within 60 days of publication of this notice. Published in GG 43020 Notice Number 171 dated 14 February 2020.

 

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