Environmental Legislation Update
01 January 2018 – 31 January 2018 Volume 15, Issue 1
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
National Water Act 36 of 1998
• Breede-Gouritz and Berg-Olifants Water Management Areas: Limiting the use of water in terms of paragraph 6(1) of Schedule 3 to the Act for urban, irrigation and industrial (including mining) purposes. (GN15, GG41381, 12 January 2018, pg 4)
• Mzimbubu-Tsitsikamma Water Management Area (MWA7): Limiting the water in terms of paragraph 6(1) of Schedule 3 to the Act for domestic, industrial and agricultural purposes. (GN28, GG41386, 19 January 2018, pg 22)
National Environmental Management: Biodiversity Act 10 of 2004
• Non-detriment findings. (GN19, GG41393, 23 January 2018, pg 4)
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Marketing of Agricultural Products Act 47 of 1996
• National Agricultural Marketing Council (NAMC): Invitation to register as a directly affected group on terms of the Act. (GN22, GG41399, 26 January 2018, pg 191)
1.3 RULES, GUIDELINES & POLICIES
Nothing to report for this period.
1.4 DRAFT LEGISLATION FOR COMMENT
National Environmental Management: Waste Act 59 of 2008
• Proposed Waste Exclusion Regulations, 2017 published for comment. Deadline for comment: 23 February 2018 (GN14, GG41380, 12 January 2018, pg 4)
National Heritage Resources Act 25 of 1999
• Notice of publication for comment of draft regulations pertaining to the provisions of Subsections 9(2), 9(3)(c), 13(1)(a), 13(1)(b), 13(2)(d), 24(f), 30(4) and 39 of the Act. Deadline for comment: 28 February 2018 (GN21, GG41399, 21 January 2018, pg 190)
2. PROVINCIAL LEGISLATION
2.1 LIMPOPO
National Environmental Management: Biodiversity Act 10 of 2004
• Intention to publish Bioregional plans published for comment. Deadline for comment: 23 February 2018 (PN6, PG2874, 12 January 2018, pg 16)
• Notice of intention to publish Bioregional plans published for comment. Deadline for comment: 2 March 2018 (PN7, PG2875, 19 January 2018, pg 13)
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• Notice of intention to published Bioregional plans published for comment and PN6 in PG2874 of 12 January 2018 withdrawn. (PN8, PG2875, 19 January 2018, pg 32)
2.2 WESTERN CAPE
National Environmental Management: Protected Areas Act 57 of 2003
• Declaration of Nature Reserves: Declaration of Witzands Nature Reserve; Uitkamp Wetland Nature Reserve and Tygerberg Nature Reserve. (PN1-3, PG7859, 12 January 2018, pgs 2, 8 and 14)
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 January 2018 to 23 February 2018. (PN8, PG7864, 19 January 2018, pg 38)
• Extension of declaration of a provincial state of disaster as a result of the magnitude and severity of the fires and storms in the Western Cape for one month from 1 February 2018 to 28 February 2018. (PN11, PG7866, 26 January 2018, pg 51)
National Heritage Resources Act 25 of 1999
• Heritage Western Cape: Draft Regulations relating to the Consultation Process for Listing Heritage Resources in the Heritage Register and for the Designation of Heritage Areas, 2018 published for comment. (PN4, PG7860, 12 January 2018, pg 2)
• Retraction of PN176 in PG7827 of 22 September 2017 and Declaration of a Provincial Heritage Site: The Auwal Masjied, Erf 2836 and 2839, 39 Dorp Street in Cape Town. (PN6, PG7862, 12 January 2018, pg 2)
2.3 EASTERN CAPE
National Environmental Management: Protected Areas Act 57 of 2003
• Intention to declare Nature Reserves and Protected Environments: Indalo and Buffalo Kloof Protected Environments; Kromensee and Collywobbles Nature Reserves and Sand River Private Nature Reserve published for comment. (PN7, PG3986, 22 January 2018, pg 3)
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3. LOCAL LEGISLATION
3.1 MPUMALANGA
Ehlanzeni District Municipality
• Municipal Health Services By-laws. (PN3, PG2887, 5 January 2018, pg 26)
3.2 WESTERN CAPE
Cederberg Local Municipality
• Adoption of the Spatial Development Framework, (2017 – 2022). (LAN55209, PF7864, 19 January 2018, pg 44
Mossel Bay Local Municipality
• Integrated Zoning Scheme By-law. (LAN55215, PG7865, 19 January 2018, pg 2)
City of Cape Town Metropolitan Municipality
• Notice of implementation of level 6B water restrictions published with effect from 1 February 2018. (LAN55218, PG7866, 26 January 2018, pg 53)
• Extension of the declaration of a local state of disaster as a result of devastating fires in the Imizamo-Yethu informal settlement situated in Hout Bay for a further one-month period from 25 January 2018 until 25 February 2018. (LAN55197, PG7859, 12 January 2018, pg 27)
• Extension of declaration of a local state of drought disaster from 17 January 2018 until 17 February 2018. (LAN55198, PG7859, 12 January 2018, pg 23)
Swartland Local Municipality
• Extension of declaration of a local state of disaster as a result of a devastating fire at the Swartland Hospital in Malmesbury. (LAN55199, PG7859, 12 January 2018, pg 24)
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Stellenbosch Local Municipality
• Extension of declaration of a local state of drought disaster from 20 January 2018 until 20 February 2018. (LAN55204, PG7589, 12 January 2018, pg 31)
Witzenberg Local Municipality
• Extension of declaration of a local state of drought disaster from 28 December 2017 until 28 January 2018. (LAN55207, PG7859, 12 January 2018, pg 31)
Drakenstein Local Municipality • Extension of the declaration of a local state of drought disaster (hydrological and agricultural). (LAN55211, PG7864, 19 January 2018, pg 45)
Swartland Local Municipality
• Extension of the declaration of a local state of disaster as a result of a devastating fire at the Swartland Hospital in Malmesbury for one month from 24 January 2018 to 23 February 2018. (LAN55212, PG7864, 19 January 2018, pg 45)
3.3 KWAZULU-NATAL
Okhahlamba Local Municipality
• Appointment of members to the Municipal Planning Tribunal. Spatial Planning and Land Use Management Act 16 of 2013. (MN1, PG1916, 18 January 2018, pg 186)
3.4 EASTERN CAPE
Joe Gqabi District Municipality
• Extension of declaration of a local state of disaster due to veld fires. (PN8, PG3987, 26 January 2018, pg 3)
3.5 GAUTENG
• Emfuleni Local Municipality Spatial Planning and Land Use Management By-Law. (Proc 4 in PG 15 of 31 January 2018) (p134)
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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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