Environmental Legislation Update

Transcription

1 Environmental Legislation Update 1 st July st August 2017 Volume 14, Issue 6 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 Mine Water Management Policy Position: Draft for External Consultation and Discussion. (GN657, GG40965, 7 July 2017, pg 173) Correction notice to the Draft Mine Water Management Policy Position published under GN657 in GG40965 of 7 July (GN690, GG40987, 14 July 2017, pg 4) Plant Breeders' Rights Act 15 of 1976 Receipt of applications for plant breeders' rights. (GN665, GG40978, 14 July 2017, pg 16) Receipt of applications for plant breeders' rights. (GN747, GG41009, 28 July 2017, pg 17) 1 of 9 pages

2 National Environmental Management Act 107 of 1998 Section 24G Fine Regulations (GN698, GG40994, 20 July 2017, pg 4) National Environmental Management: Air Quality Act 39 of Declaration of greenhouse gases as priority air pollutants. (GN710, GG40996, 21 July 2017, pg 65) National Pollution Prevention Plans Regulations, (GN712, GG40996, 21 July 2017, pg 81) National Environmental Management: Integrated Coastal Management Act 24 of 2008 Dumping at Sea Regulations published and GN1135 in GG11348 of 17 June 1988 repealed. (GN711, GG40996, 21 July 2017, pg 70) 1.3 RULES, GUIDELINES & POLICIES Nothing to report for this period. 1.4 DRAFT LEGISLATION FOR COMMENT National Environmental Management: Biodiversity Act 10 of 2004 Notice of intention to declare an extension to the Kwelera National Botanical Garden published for comment. Deadline for comment: 18 August 2017 (GN636, GG40965, 7 July 2017, pg 67) National Environmental Management: Protected Areas Act 57 of 2003 Draft notices declaring the following Marine Protected Areas under Section 22A of the Act published for comment: o Robberg Marine Protected Area (GN704, GG40996, 21 July 2017, pg 37) o Betty's Bay Marine Protected Area (GN706, GG40996 of 21 July 2017, pg 46) o Goukamma Marine Protected Area (GN707, GG40996, 21 July 2017, pg 49) Deadline for comment: 17 October 2017 Draft Robberg Marine Protected Area Regulations published for comment. Deadline for comment: 17 October 2017 (GN705, GG40996, 21 July 2017, pg 40) 2 of 9 pages

3 Draft Goukamma Marine Protected Area Regulations published for comment. Deadline for comment: 17 October 2017 (GN708, GG40996, 21 July 2017, pg 52) Draft Betty's Bay Marine Protected Area Regulations published for comment. Deadline for comment: 17 October 2017 (GN709, GG40996, 21 July 2017, pg 59) National Forests Act 101 of 1997 Notice of intention to declare a portion of the Farm Kathu 465 as a Forest Nature Reserve under Section 8(1) of the Act published for comment. Deadline for comment: 13 November 2017 (GN594, GG41047, 18 August 2017, pg 91) National Environmental Management: Waste Act 59 of 2008 Proposed Waste Tyre Regulations, 2017 published for comment. Deadline for comment: 29.September 2017 (GN847, GG41049, 17 August 2017, pg 4) 2. PROVINCIAL LEGISLATION 2.1 KWAZULU-NATAL Spatial Planning and Land Use Management Act 16 of 2013 ethekwini Metropolitan Municipality: Notice of adoption of Municipal Spatial Development Framework 2017/2018. (MN75, PG1845, 3 July 2017, pg 3) emadlangeni Local Municipality: Appointment of members to the Municipal Planning Tribunal and commencement of the Tribunal published with effect from 1 June (MN90, PG1852, 13 July 2017, pg 187) ethekwini Metropolitan Municipality: Notice of adoption of Municipal Spatial Development Framework 2017/2018. (MN94, PG1855, 17 July 2017, pg 3) AbaQulusi Local Municipality: Appointment of members to the Municipal Planning Tribunal. (MN97, PG1857, 20 July 2017, pg 111) KwaDukuza Local Municipality: Revision of the adopted Spatial Development Framework published for comment. Deadline for comment: 29 September 2017 (MN102, PG1860, 27 July 2017, pg 198) 3 of 9 pages

4 Endumeni Local Municipality: Draft Spatial Development framework published for comment. Deadline for comment: 29 September 2017 (MN104, PG1860, 27 July 2017, pg 297) Ubuhlebezwe Local Municipality: Notice of establishment of the Ubuhlebezwe Municipal Planning Tribunal. (MN110, PG1868, 17 August 2017, pg 250) Local Government: Municipal Systems Act 32 of 2000 Mthonjaneni Local Municipality: Approval and adoption of tariffs for property sold waste services. (MN91, PG1852, 13 July 2017, pgs 188 & 189) 2.2 LIMPOPO National Environmental Management: Protected Areas Act 57 of 2003 Declaration of nature reserves: Turfloop; Swebeswebe; Mogol and Alkantrant Nature Reserves (PN68, PG2831, 7 July 2017, pg 47) Intention to declare Nature Reserves: Nwanedi and Thabina Nature Reserves and Struwig Private Nature reserve published for comment. Deadline for comment: 3 November 2017 (PN80, PG2844, 11 August 2017, pg 20) Spatial Planning and Land Use Management Act 16 of 2013 Capricorn District Municipality: Appointment of members to the Municipal Planning Tribunal. (LAN86, PG2831, 7 July 2017, pg 63) Municipal Systems Act 32 of 2000 Thulamela Local Municipality: Notice of intention to compile a Municipal Spatial Development Framework. (LAN103, PG2846, 18 August 2017, pg 134) Constitution of the Republic of South Africa, 1996 and Spatial Planning and Land Use Management Act 16 of 2013 Musina Local Municipality: Spatial Planning and Land Use By-law published with effect from the date that the Act comes into operation in the municipal area of the Municipality. (PN84, PG2847, 25 August 2017, pg 17) 4 of 9 pages

5 2.3 EASTERN CAPE Disaster Management Act 57 of 2002 Kouga Local Municipality: Notice of intention to declare a local state of drought disaster. (LAN102, PG3876, 13 July 2017, pg 5) Sarah Baartman District Municipality: Declaration of a Local State of Disaster due to drought and water shortages. (LAN118, PG3893, 11 August 2017, pg 3) Nelson Mandela Bay Metropolitan Municipality: Declaration of a Local State of Disaster due to drought and water shortages. (GEN19, PG3895, 14 August 2017, pg 11) 2.4 MPUMALANGA Spatial Planning and Land Use Management Act 16 of 2013 Agreement for the Establishment of a District Municipal Appeal tribunal Authority between Nkangala District Municipality and Victor Khanye, Dr JS Moroka, Emakhazeni and Thembisile Hani Local Municipalities. (LAN68, PG2830, 14 July 2017, pg 74) 2.5 WESTERN CAPE Disaster Management Act 57 of 2002 Stellenbosch Local Municipality: Declaration of a local state of drought disaster. (LAN54755, PG7789, 7 July 2017, pg 631) Swartland Local Municipality: Declaration of a local state of drought disaster. (LAN54771, PG7789, 7 July 2017, pg 637) Proposed Directions dealing with restrictions on the use of potable water for domestic and industrial purposes published for comment. Deadline for comment: 16 August 2017 (PN150, PG7801, 4 August 2017, pg698) Extension of the declaration of a provincial state of drought disaster in the Western Cape for one month from 24 August to 23 September (PN157, PG7811, 21 August 2017) Directions for the determination of bulk raw water availability and implementation of restrictions on the use of potable water for domestic and industrial purposes. (PN158, PG7811, 21 August 2017, pg 3) 5 of 9 pages

6 Spatial Planning and Land Use Management Act 16 of 2013 Cape Agulhas Local Municipality: Notice of adoption of the 2017/ /22 Spatial Development Framework. (LAN54772, PG7789, 7 July 2017, pg 640) George Local Municipality: Notice of re-adoption of the Spatial Development Framework, (LAN54809, PG7797, 21 July 2017, pg 673) Stellenbosch Local Municipality: Notice of adoption of the 2017/2018 Municipal Spatial Development Framework for WC024. (LAN54891, PG7809, 18 August 2017, pg 743) Notice of Municipal Spatial Development Framework published for comment. Deadline for comment: 26 September 2017 (LAN54806, PG7797, 21 July 2017, pg 677) 2.6 GAUTENG National Environmental Management: Waste Act 59 of 2008 and Gauteng Health Care Waste Management Regulations, 2004 List of transporters authorised in 2016 to transport health care risk waste and its treatment facilities authorised to treat health care risk waste. (PN646, PG186, 26 July 2017, pg 161) List of registered person on the Gauteng Waste Information System database from January 2015 to December 2015 and January 2016 to December (PNs 671 & 672, PG192, 2 August 2017, pgs 137 & 196) 2.7 NORTH WEST National Environmental Management Act 107 of 1998 Greater Taung Local Municipality and Dr Kenneth Kaunda District Municipality: Notice of intention to adopt the Environmental Management Framework published for comment. Deadline for comment: 07 September 2017 (PNs 149 & 150, PG7783, 25 July 2017, pgs 37 & 39) North West Biodiversity Management Act 4 of 2016 North West Biodiversity Amendment Bill, 2017 published for comment together with the memorandum on the objects of the Bill. Deadline for comment: 15 September 2017 (PN171, PG7801, 25 August 2017, pg 3) 6 of 9 pages

7 2.8 NORTHERN CAPE Spatial Planning and Land Use Management Act 16 of 2013 Khai-Ma Local Municipality: Notice of intention to revise the Spatial Planning Development Framework. (MN25, PG2119, 7 August 2017, pg16) 3. LOCAL LEGISLATION 3.1 GAUTENG City of Johannesburg Metropolitan Municipality Notice of proposed draft Dolomit Risk Management By-laws published for comment. Deadline for comment: 18 August 2017 (GN519, PG167, 7 July 2017, pg 3) 3.2 KWAZULU-NATAL Kwasani Local Municipality Planning and Land Use Management By-law, 2015 published under MN38 in PG1633 of 4.March 2016 amended. (MN95, PG1856, 18 July 2017, pg 3) City of umhlathuze Local Municipality Spatial Planning and Land Use Management By-law, 2017 published with effect from a date to be determined. (MN93, PG1853, 14 July 2017, pg3) Inkosi Langalibalele Local Municipality Spatial Planning and Land Use Management By-law, (MN103, PG1860, 27 July 2017, pg 200) ethekwini Metropolitan Municipality Planning and Land Use Management By-law, (MN114, PG1871, 31 August 2017, pg 170) 7 of 9 pages

8 3.3 MPUMALANGA Nkangala District Municipality Notice of officials appoint to, and commencement of Appeal Tribunal. (LAN81, PG2835, 28 July 2017, pg 279) City of Mbombela Local Municipality Wastewater and Industrial Effluent By-law. (GEN76, PG2835, 28 July 2017, pgs 42 & 127) Refuse (Solid Waste) and Sanitary Bylaws. (GEN76, PG2835, 28 July 2017, pg 87) Water Supply Services By-laws. (GEN76, PG2835, 28 July 2017, pg 205) 3.4 EASTERN CAPE Mnquma Local Municipality By-law on Spatial Planning and Land Use Management. (PN157, PG3891, 7 August 2017, pg 11) 3.5 FREE STATE Moqhaka Local Municipality Publication of Draft By-laws: Fire & Emergency Services By-law and Water Services Amendment By-law published for comment. (PN11, PG54, 11 August 2017, pgs 3 & 48) 3.6 LIMPOPO Giyani Local Municipality Spatial Planning and Land Use Management By-law and Greater Giyani Land Use Applications By-law repealed. (PN83, PG2846, 18 August 2017, pg 18) Blouberg Local Municipality By-law on Spatial Planning and Land Use Management. (PN85, PG2847, 25 August 2017, pg 147) 8 of 9 pages

9 Greater Tzaneen Local Municipality Spatial Planning and Land Use Management By-law (LAN110, PG2847, 25 August 2017, pg 276) 3.7 WESTERN CAPE Stellenbosch Local Municipality Water Services By-laws published and previous By-laws repealed. (LAN54875, PG7807, 11 August 2017, pg 2) Hessequa Local Municipality By-law on Land Use Planning, 2015 Approval of the Hessequa Spatial Development Framework. (LAN54906, PG7813, 25 August 2017, pg 769) 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 (Associate) Durban: Tel: Fax: Cell: Ayanda Msimang (Candidate Attorney) Durban Tel: Fax: Cell: of 9 pages