Environmental Legislation Update

Transcription

1 Environmental Legislation Update 01 May May 2018 Volume 15, Issue 5 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 Agricultural Product Standards Act 119 of 1990 Importation of controlled goods without a permit amended. (GN49, GG32916, 5 May 2018, pg 10) Nejahmogul Technologies and Agric Services: Inspection Fees published with effect from 28 May (GN267, GG41650, 25 May 2018, pg 506) National Environmental Management: Air Quality Act 39 of 2004 National Pollution Prevention Plans Regulations, amended. (GN513, GG 41642, 22 May 2018, p4) Plant Improvement Bill, 2018 [B8C-2015] and [B8D-2018] 1 of 7 pages

2 Plant Breeders' Rights Bill [B11C-2015] & [B11D-2015] 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 Notice of publication for comment of the public hearings on proposed Industry Waste Tyre Management Plans. Deadline for comment: 18 June 2018 (GN472, GG41612, 07 May 2018, pg 4) Draft Aquaculture Development Bill Publication of the explanatory summary of the Aquaculture Development Bill. (GN248, GG41632, 18 May 2018, pg 241) National Environmental Management: Air Quality Act 39 of 2004 Notice of intention to amend the list of activities which result in atmospheric emission which have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage published for comment. Deadline for comment: 06 July 2018 (GN516, GG41650, 25 May 2018, pg 39) Draft National Dust Control Regulations, 2018 published for comment. Deadline for comment: 06 July 2018 (GN517, GG41650, 25 May 2018, pg 54) Draft 2017 National Framework for Air Quality Management in the Republic of South Africa published for comment. Deadline for comment: 06 July 2018 (GN518, GG41650, 25 May 2018, pg 61) 2 of 7 pages

3 2. PROVINCIAL LEGISLATION 2.1 LIMPOPO Spatial Planning and Land Use Management Act 16 of 2003 Agreement for the establishment of a Joint District Municipal Planning Tribunal between Sekhukhune District Municipality and Fetakgomo Tubatse, Makhuduthamaga, Ephraim Mogale and Elias Motsoaledi Local Municipalities. (LAN51, PG2902, 4 May 2018, pg 17) 2.2 NORTH WEST Bophuthatswana Nature Conservation act 3 of 1973, Cape Nature and Environment Conservation Ordinance 19 of 1974 and Nature Conservation Ordinance 12 of 1983 North West Province Biodiversity Permit Administrations Fees and Tariffs, (GN59, PG7889, 30 May 2018, pg 3) 2.3 KWAZULU-NATAL National Environmental Management: Protected Areas Act 57 of 2003 Correction notice to Bill Barnes Crane and Oribi Blue Crane, Fort Nottingham, James Wakelin Grassland, Karkloof, umngeni Plateau and Zululand Rhino Nature Reserves, Dalton and Mbona Private Nature Reserves, Mduna, Somkhanda and Thanda Game Reserves. (PN42, PG1951, 10 May 2018, pg 35) National Environmental Management: Integrated Coastal Management Amendment Act 36 of 2014 Draft KwaZulu-Natal Coastal Management Programme (KZN CMP) and draft list of public launch sites published for comment. (PN18, PG1951, 10 May 2018, pg 280) 2.4 WESTERN CAPE Sea-Shore Act 21 of 1935 Proposal to enter into a lease with the Oransay Trust for the constructions of a jetty below the high-water mark of the Berg River published for comment. (PN76, PG7932, 25 May 2018, pg 378) National Environmental Management: Protected Areas Act 57 of 2003 Erratum to the Declaration of Moutonshoek Protected Environment published under PN56 in PG7916 of 20 April (PN74, PG7932, 25 May 2018, pg 379) 3 of 7 pages

4 3. LOCAL LEGISLATION 3.1 GAUTENG Lesedi Local Municipality Public Health By-laws and Water Supply By-laws. (PN416, 418 and 420, PG123, 2 May 2018, pgs 85, 193 and 238) Solid Waste By-laws published and the Refuse (Solid Waste) and Sanitary By-laws repealed. (PN419, PG123, 2 May 2018, pg 221) City of Johannesburg Metropolitan Municipality Extension of the declaration of a local state of disaster due to severe weather conditions including a tornado that occurred in parts of the jurisdictional area for a further month. (LAN761, PG141, 21 May 2018, pg 3) Extension of the declaration of a local state of disaster due to severe weather conditions including a tornado that occurred in parts of the jurisdictional area for a further month. (LAN516, PG144, 25 May 2018, pg 3) City of Ekurhuleni Metropolitan Municipality Notice of adoption of Municipal Spatial Development Framework (2015) published with effect from 29 October (LAN792, PG142, 23 May 2018, pg 279) Mogale City Local Municipality Spatial Planning and Land Use Management By-law, 2018 published and previous by-law repealed. (PN529, PG146, 30 May 2018, pg 164) 3.2 KWAZULU-NATAL Newcastle Local Municipality Waste Management By-law published, and previous by-laws repealed. (MN32, PG1949, 03 May 2018, pg 12) Refuse Removal and Disposal By-laws repealed. (MN42, PG1957, 21 May 2018, pg 102) Pound By-laws published, and existing Pound By-laws repealed. (MN43, PG1957, 31 May 2018, pg 133) 4 of 7 pages

5 umkhanyakude District Municipality Appointment of members to the Joint Municipal Planning Tribunal. (MN45, PG1957, 31 May 2018, pg 161) 3.3 WESTERN CAPE City of Cape Town Metropolitan Municipality Notice of adoption of the 2017/18 Cape Town Municipal Spatial Development Framework (MSDF). (LAN55827, PG7925, 09 May 2018, pg 2) Swellandam Local Municipality By-law relating to the Prevention of Public Nuisances and Nuisances Arising from the Keeping of Animals published and By-law relating to the keeping of Dogs Swellendam Municipal Area as published under PN6319 of 20 December 2005, By-law relating to the prevention of public nuisances as published in PG7338 of 5 December 2014 and any other by-law that is inconsistent with the provisions of the by-law revoked. (LAN55828, PG7326, 09 May 2018, pg 2) Swartland Local Municipality Extension of declaration of a local state of drought disaster from 11 May 2018 to 10 June (LAN55822, PG7927, 11 May 2018, pg 345) Langeberg Local Municipality Integrated Zoning Scheme By-law. (PN71, PG7929, 18 May 2018, pg 2) Breede Valley Local Municipality Notice of adoption of the Spatial Development Framework (SDF) (LAN55835, PG7930, 18 May 2018, pg 358) City of Cape Town Metropolitan Municipality 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 29 May 2018 to 29 June2018. (LAN55839, PG7930, 18 May 2018, pg 363) 5 of 7 pages

6 Extension of declaration of a local state of drought disaster from 21 May to 21 June (LAN55840, PG7930, 18 May 2018, pg 363) 3.4 LIMPOPO Collins Chabane Local Municipality Notice to comment on the Draft Municipal Spatial Development Framework. (PN79, PG2905, 18 May 2018, pg 26) Capricorn District Municipality Air Quality Management By-law. (PN80, PG2905, 18 May 2018, pg 27) Municipal Health Services By-law. (LAN62, PG2905, 18 May 2018, pg 263) Polokwane Local Municipality Municipal Planning By-law, 2017 published with effect from 2 July (LAN58, PG2905, 18 May 2018, pg 86) Thulamela Local Municipality Notice of repeal of the Conditions Likely to Cause or Further the Spread of Fires, Water Supply, Keeping of bees By-laws of the disestablished Mutale Local Municipality published under PG1070 of 14 January 2015 and PG2181 of 27 March (LAN65, PG2906, 18 May 2018, pg 3) 3.5 MPUMALANGA Mkhondo, Chief Albert Luthuli, Lekwa and Emalahleni Local Municipalities Publication of the municipal by-laws: Lekwa Local Municipality - Contaminated Waste and Open Space, Chief Albert Luthuli Local Municipality - Fire Brigade Services, Sanitation, Waste Management and Water Supply. (PN54, PG2926, 18 May 2018, pg 28) 3.6 NORTH WEST Rustenburg Local Municipality Notice of the removal and appointed municipal planning tribunal members. (Proc22, PG7883, 15 May 2018, pg 19) 6 of 7 pages

7 Mahikeng Local Municipality Appointment of members to the Municipal Planning Tribunal. (LAN45, PG7886, 22 May 2018, pg 52) By-law on Spatial Planning and Land Use Management, (LAN46, PG7886, 22 May 2018, pg 53) 3.7 NORTHERN CAPE Kgatelopele Local Municipality Revision of the Spatial Development Framework (SDF) published for comment. (GN59, PG2182, 21 May 2018, pg 12) 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: Fax: Durban: Tel: Fax: Cell: Siya Mkhize (Partner) Durban: Tel: Fax: Cell: Ayanda Msimang (Candidate Attorney) Durban Tel: Fax: Cell: of 7 pages