Environmental Legislation Update
1 September 2017 – 31 October 2017 Volume 14, Issue 7
Shepstone & Wylie’s Environmental and Clean Energy Department advises clients in both the public and private sector on a range of environmental and clean energy issues. Assistance is given to companies in a number of sectors, including mining, industry, waste, water, construction, utilities, transport, forestry and agriculture. Services include environmental compliance audits; due diligence assessments; legal registers; contracts; structured finance; new and pending legislation; compliance notices and directives; permitting and licence requirements; appeals and training.
1. NATIONAL LEGISLATION
1.1 ACTS / AMENDMENT ACTS
Nothing to report for this period.
1.2 NOTICES / REGULATIONS
Plant Breeders' Rights Act 15 of 1976
• Receipt of applications for plant breeders' rights. (GN910, GG41082, 1 September 2017, pg 17)
• Regulations relating to plant breeders’ rights amended. (GN1106, GG41179, 13 October 2016, pg 11)
Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947
• Notice of regulations relating to fertilizers. (GN972, GG41100, 8 September 2017, pg 28)
Plant Improvement Act 53 of 1976
• Regulations relating to establishments, varieties, plants and propagating material amended. (GN970, GG41100, 8 September 2017, pg 18)
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Water Services Act 108 of 1997
• Department of Water and Sanitation: National Norms and Standards for Domestic Water and Sanitation Services. (GN982, GG41100, 8 September 2017, pg 82)
National Forests Act 84 of 1998
• List of protected tree species. (GN690, GG41100, 8 September 2017, pg 182)
National Water Act 36 of 1998
• Proposed reserve determination of water resources for the Olifants and Letaba Catchments published for comment. (GN1038, GG41132, 22 September 2017, pg110)
• Pongola-Mtamvuna Water Management Area: Limitation of the use of water in terms of paragraph 6(1)(i) of Schedule 3 to the Act for irrigation, domestic and urban purposes from Goedertrouw, Mgeni, Klipfontein, Hluhluwe and Lake Merthely systems in KwaZulu-Natal. (GN1039, GG41132, 22 September 2017, pg 191)
• Notice of intention to extend the comment period on the Draft Mine Water Management Policy Position published under GN657 in GG40965 of 7 July 2017. (GN1088, GG41168, 6 October 2017, pg 4)
• Olifants/Doorn River of the Berg-Olifants Water Management Area: Limiting the use of water in the catchment area above and below Clanwilliam Dam in terms of paragraph 6(1) of Schedule 3 to the Act for urban, irrigation and industrial (including mining) purposes. (GN1152, GG41216, 31 October 2017, pg 4)
Subdivision of Agricultural Land Act 70 of 1970
• Exclusion of land from the application f the Act in the Victor Khanye Local Municipality, Mpumalanga Province; Rustenburg Local Municipality, North West Province; Naledi Local Municipality, North West, Msina Local Municipality, Limpopo Province and Mandeni Local Municipality, KwaZulu-Natal Province. (GN1095 -1097, GG41178, 13 October 2017, pg 15, 17 and 20)
Water Research Act 34 of 1971
• Water Research Fund: Water Research Levy increased with effect from 1 July 2017 and rates and charges published with effect from 1 July 2017 to 30 June 2018. (GN1105, GG41178, 13 October 2017, pg 73)
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National Environmental Management: Waste Act 59 of 2008
• National Norms and Standards for the Sorting, Shredding, Grinding, Crushing, Screening, Chipping or Baling of General Waste, 2017. (GN1093, GG41175, 11 October 2017, pg 4)
• List of waste management activities that have, or are likely to have a detrimental effect on the environment published in GN921 in GG37083 of 29 November 2013 amended. (GN1094, GG41175, 11 October 2017, pg 13)
• Call on tyre industry to prepare and submit an Industry Waste Tyre Management Plan to the Minister for approval. (GN1148, GG41213, 30 October 2017, pg 25)
Marine Living Resources Act 18 of 1998
• Establishment of a Fisheries Transformation Council and invitation for nominations for members of the council. (GN1123, GG41190, 20 October 2017, pg 4)
Spatial Data Infrastructure Act 54 of 2003
• Spatial Data Infrastructure Regulations, 2017 published with effect from 30 days after publication. (GN1140, GG41203, 27 October 2017, pg 89)
• Approved South Africa land cover classes and definitions. (GN1133, GG41202, 27 October 2017, pg 46)
1.3 RULES, GUIDELINES & POLICIES
Nothing to report for this period.
1.4 DRAFT LEGISLATION FOR COMMENT
National Environmental Management Act 107 of 1998
• Notice of intention to appoint the Environmental Practitioners Association of South Africa as the Single Registration Authority published for comment. Deadline for comment: 30 September 2017 (GN953, GG41084, 1 September 2017, pg 4)
• Draft Environmental Management Instruments Regulations, 2017 published for comment. Deadline for comment: 27 October 2017 (GN987, GG41114, 15 September 2017, pg 16)
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Conservation of Agricultural Resources Act 43 of 1983
• New long-term grazing capacity map for South Africa, 2017 published for comment. Deadline for comment: 13 October 2017 (GN971, GG41100 of 8 September 2017, pg 25)
Water Services Act 108 of 1997
• Notice of intention to publish Draft Norms and Standards for Levels of Water and Sanitation Services published for comment. Deadline for comment: 31 October 2017 (GN1001, GG41121, 15 September 2017, pg 4)
National Nuclear Regulator Act 47 of 1999
• Notice of application for nuclear vessel licence published for comment. Deadline for comment: 17 November 2017 (GN1070, GG41164, 6 October 2017, pg 22)
National Environmental Management: Waste Act 59 of 2008
• Proposed Regulations for the Control of Import and Export of Waste, 2017 published for comment. Deadline for comment: 8 December 2017 (GN1147, GG41213, 30 April 2017, pg 4)
2. PROVINCIAL LEGISLATION
2.1 GAUTENG
Disaster Management Act 57 of 2002
• Draft Provincial Disaster Management Policy Framework published for comment. (PN774, PG225, 6 September 2017, pg 110)
2.2 NORTH WEST
Biodiversity Management Act 4 of 2016
• Publication of the draft North West Biodiversity Management Regulations, 2017 published for comment. (PN8181 PG7804, 5 September 2017, pg 69)
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National Environmental Management Act 107 of 1998
• Adoption of the Environmental Management Framework for the Greater Taung Local Municipality (PN235, PG7818, 31 October 2017, pg 30)
2.3 EASTERN CAPE
Disaster Management Act 57 of 2002
• Kouga Local Municipality: Intention to extend the declaration of a local state of disaster due to widespread veldt fires. (LAN147, PG3912, 11 September 2017, pg 3)
National Environmental Management: Protected Areas Act 57 of 2003
• Correction notice for private land declared as part of Compassberg and Renosterberg Protected Environments and Bergplass Nature Reserve. (PN191, PG3914, 11 September 2017, pg 3)
2.4 LIMPOPO
National Environmental Management: Protected Areas Act 57 of 2003
• Notice of intention to declare Kapama, Machaka, Tzaneen Dam, Kalkbank, Studholme and Wokberg as nature reserves and protected environments published for comment. (PN90, PG2851, 15 September 2017, pg 23)
2.5 NORTHERN CAPE
National Environmental Management: Protected Areas Act 57 of 2003
• Notice of intention to expand the Goegap and Oorlogskloof Nature Reserves published for comment. (GN135, PG2134, 11 September 2017, pg 12)
Spatial Planning and Land Use Management Act 16 of 2013
• ZF Mgcawu District Municipality: Notice of establishment of a new ZFM Joint Municipal Planning Tribunal and call for nominations for persons to be appointed as members published and ZF Mgcawu Joint Municipal Planning Tribunal terminated. (ON4, PG2131, 4 September 2017, pg 291)
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• ZF Mgcawu District Municipality: Notice of commencement of the Joint Municipal Planning Tribunal, established under GN21 in PG1992 of 1 March 2016. (ON5, PG2145, 23 October 2017, pg 29)
Disaster Management Act 57 of 2002
• Namakwa and Pixley ka Seme District Municipalities: Notice declaring provincial state of drought disaster for a period of 3 months from 10 October 2017 to 11 December 2017. (GN149, PG2143, 18 October 2017, pg 4)
2.6 WESTERN CAPE
National Environmental Management: Protected Areas Act 57 of 2003
• Declaration of nature reserve: Steenbras nature reserve. (PN173, PG7826, 15 September 2017, pg 811)
• List of registered person on the Gauteng Waste Information System database from January 2015 to December 2015 and January 2016 to December 2016. (PNs 671 & 672, PG192, 2 August 2017, pgs 137 & 196)
• Declaration of Nature Reserves: Declaration of the High Slent Nature Reserve; Boterblom Nature Reserve; Edith Stephens Nature Reserve; Bothasig Nature Reserve; Blaauwberg Nature Reserve; and Bracken Nature Reserve. (PN193 – 198, PG7837, 20 October 2017, pg 936, 942, 945, 951 and 960)
Nature and Environmental Conservation Ordinance 19 of 1974:
• Hunting season, daily bag limits and hunting by the use of prohibited hunting methods, 2018. (PN189, PG7836, 13 October 2017, pg 915)
Disaster Management Act 57 of 2002
• Extension of the declaration of a provincial state of drought disaster in the Western Cape for one month from 24 October 2017 to 23 November 2017. (PN191, PG7837, 20 October 2017, pg 934)
• Extension of declaration of a local state of disaster as a result of a devastating fire in the Imizama-Yetho informal settlement. (LAN55050, PG7837, 20 October 2017, pg 972)
Sea-shore Act 21 of 1935
• Proposed lease of MTN (Pty) Ltd for the construction of a Marine Telecommunications System (ACE Cable System) below the high-water mark of the sea at Van Riebeeckstrand published for comment. (PN199, PG7838, 27 October 2017, pg 987)
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3. LOCAL LEGISLATION
3.1 EASTERN CAPE
Amathole District Municipality
• Notice of the extension of the Drought Disaster Declaration for a further 3 months (28 July to 28 October 2017). (PN180, PG3908, 4 September 2017, pg 13)
Kouga Local Municipality
• Banning of jet-skis on the main beach (Dolphin Beach). (LAN150, PG3919, 18 September 2017, pg 18) • Notice of appointment of the Executive Mayoral Committee as the Appeal Tribunal. (LAN151, PG3921, 19 September 2017, pg 3)
Mhlontlo Local Municipality
• By-law on Spatial Planning and Land Use Management. (PN212, PG3931, 2 October 2017, pg 12)
Nyandeni Local Municipality
• By-law on Spatial Planning and Land Use Management. (PN213, PG3931, 2 October 2017, pg 135)
Joe Gqabi District Municipality
• Declaration of a local state of disaster due to veld fires. (PN234, PG3942, 27 October 2017, pg 3)
Kou-Kamma Local Municipality
• Declaration of a local state of disaster due to extensive fires. (LAN173, PG3945, 30 October 2017, pg 12)
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3.2 NORTHERN CAPE
Dawid Kruiper Local Municipality
• Water Services By-law, 2017 as amended by the Water Services Amendment By-law 2017 • Refuse Removal By-law, 2012 as amended by the Refuse Removal Amendment By-law 2017 • Health Nuisance By-law, 2012 as amended by the Health Nuisances Amendment By-law 2017 (GEN112-132, PG2131, 4 September 2017)
Ramotshere Moiloa Local Municipality
• Notice of adoption of the Ramotshere Moiloa Land Use Scheme, 2017. (PROC34, PG7804, 5 September 2017, pg 14)
3.3 WESTERN CAPE
Langeberg Local Municipality
• Notice of approval and adoption of Spatial Development Framework. (LAN54924, PG7816, 1 September 2017, pg 783)
George Local Municipality
• Notice to withdraw the George Central Area Local Structure Plan, 2012 and adopt the Local Spatial Development Framework. (LAN54930, PG7816, 1 September 2017, pg 785)
Eden District Municipality
• EDM Waste Management By-laws, 2017. (LAN54936, PG7818, 1 September 2017, pg 2)
City of Cape Town Metropolitan Municipality
• Notice of implementation of level 5 water restrictions (PN169, PG7822, 8 September 2017, pg 794)
• Declaration of a local state of drought disaster. (LAN54965, PG7826, 15 September 2017, pg 821)
• Extension of the declaration of a local state of disaster as a result of devastating fires in the ImizamoYethu informal settlement situated in Hout Bay for a further one-month period until 22 October 2017 (LAN55034, PG7836, 13 October 2017, pg 922)
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Stellenbosch Local Municipality
• Extension of the declaration of a local state of drought disaster from 20 September 2017 to 20 October 2017. (LAN54973, PG7826, 15 September 2017, pg 823)
• Extension of declaration of a local state of drought disaster. (LAN55061, PG7837, 20 October 2017, pg 972)
Swartland Local Municipality
• Extension of declaration of a local state of drought disaster. (LAN55062, PG7837, 20 October 2017, pg 972)
• Extension of declaration of local state of disaster as a result of a devastating fire at the Swartland hospital in Malmesbury. (LAN55063, PG7837, 20 October 2017, pg 972)
Drakenstein Local Municipality
• Extension of declaration of local state of drought disaster. (LAN55071, PG7838, 27 October 2017, pg 987)
3.4 FREE STATE
Nketoana Local Municipality
• Appointment of members to the Municipal Planning Tribunal. (PN172, PG66, 15 September 2017, pg 2)
3.5 KWAZULU-NATAL
City of uMhlathuze Local Municipality
• Notice of commencement of the Spatial Planning and Land Use Management By-law, 2017 published under MN93, PG1853 of 14 July 2017. (MN119, PG1878, 21 September 2017, pg 298)
Dr Nkosazana Dlamini Zuma Local Municipality
• Notice of establishment of Municipal Planning Tribunal (MPT) and appointment of members. (GN41, PG1889, 24 October 2017, pg 3)
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3.6 MPUMALANGA
Bushbuckridge Local Municipality
• Draft Spatial Development Framework (SDF) published for comment. (LAN106, PG2854, 22 September 2017, pg 36)
Blouberg Local Municipality
• By-law on Spatial Planning and Land Use Management. (PN85, PG2847, 25 August 2017, pg 147)
Greater Tzaneen Local Municipality
• Spatial Planning and Land Use Management By-law (LAN110, PG2847, 25 August 2017, pg 276)
Newcastle Local Municipality
• Notice of replacement of members of the Newcastle Municipal Planning Tribunal. (MN122, PG1888, 19 October 2017, pg 254)
3.7 GAUTENG
City of Tshwane Metropolitan Municipality
• Health By-law for Keeping of Animals, Birds and Poultry published, and Environmental Health By-Law Keeping of Animals, Birds and Poultry and Businesses Involving the Keeping of Animals, Birds, Poultry and Pets published under PG187 Notice 896 of 2007 dated 26 May 2004; Kungwini Local Municipality By-law: Keeping of Animals, Birds, Poultry and Businesses involving the Keeping of Animals, Birds, Poultry and Pets published under PG154 Notice 2504 of 2007 dated 11 June 2017 and Kungwini Local Authority’s By-law: Dogs published under PG154 Notice 2510 2007 dated 11 June 2007 repealed. (LAN1539, PG242, 4 October 2017, pg 163)
• Draft Regional Spatial Development Framework (RSDF) for regions 1 to 7 published for comment. (LAN1562, PG249, 11 October 2017, pg 3)
• Draft Regional Spatial Development Framework (RSDF) for regions 1 to 7 published for comment. (LAN1590, PG259, 18 October 2017, pg 3)
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3.8 NORTH WEST
Maquassi Hills Local Municipality
• Notice of Draft Spatial Development Framework (SDF) published for comment. (LAN137, PG7811, 3 October 2017, pg 42)
Greater Taung Local Municipality
• Notice of members to serve and the Municipal Planning Tribunal and commencement of the Tribunal. (PN225, PG7816, 24 October 2017, pg 26)
3.9 LIMPOPO
Musina Local Municipality
• Refuse Removal, Refuse Dump and Solid Waste Disposal By-law published and LAN13 in PG1070 of 14 January 2005 repealed. (PN101, PG2858, 20 October 2017, pg 32)
The content of this update is intended for information purposes only and should not be considered as legal advice. While every effort has been made to ensure the comprehensive nature of the information, the list of legislation should not be considered as definitively exhaustive. More information on the laws covered, is available from Shepstone & Wylie's Environmental & Clean Energy Law Departments by contacting –
Ian Sampson (Partner) Johannesburg: Tel: +27 11 290 2540 Fax: +27 11 783 1301
Durban: Tel: +27 31 575 7205 Fax: +27 31 575 7200 Cell: +27 82 775 3720 Email: [email protected]
Siya Mkhize (Associate) Durban: Tel: +27 31 575 7224 Fax: +27 31 575 7200 Cell: +27 82 562 3674 Email: [email protected]
Ayanda Msimang (Candidate Attorney) Durban Tel: +27 31 575 7212 Fax: +27 31 575 7200 Cell: 060 977 2452 Email: [email protected]
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