Environmental Legislation Update

Transcription

1 Environmental Legislation Update 01 April April 2018 Volume 15, Issue 4 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 1.2 NOTICES / REGULATIONS Subdivision of Agricultural Land Act 70 of 1970 Revised tariffs for services rendered in terms of the Act and the Conservation of Agricultural Resources Act 43 of 1083 published with effect from 1 April (GN417, GG41561, 06 April 2018, pg 44) Marine Spatial Planning Bill, 2017 (B9B-2017 and B9D-2017) Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947 Proposed prohibition notice regarding the use of Colistin as a farm feed or stock remedy published for comment. Deadline for comment: 13 July 2018 (GN433, GG41581, 20 April 2018, pg 20) 1 of 5 pages

2 Agricultural Product Standards Act 119 Of 1990 Standards and requirements regarding control of the export of avocados amended with effect from seven days after publication. (GN 186, GG 41581, 20 April 2018, p41) National Environmental Management Act 107 of 1998 Financial Provisioning Regulations, 2015 amended. (GN452, GG41584, 20 April 2018, pg 4) Department of Tourism First Edition Environmental Implementation Plan (EIP) (GN197, GG41581, 20 April 2018, pg 57) 1.3 RULES, GUIDELINES & POLICIES 1.4 DRAFT LEGISLATION FOR COMMENT 2.1 Eastern Cape 2. PROVINCIAL LEGISLATION Notice of intention to declare nature reserves; assign names to the nature reserves; assign the management of the nature reserves to suitable organisations; declare protected environments; assign names to the protected environments and assign the management of the protected environments to suitable organizations. (PN70, PG4030, 13 April 2018, pg 3) Sea-shore Act 21 of 1935 Proposed lease and permitting of a site below the high-water mark of sea of the Mzimvubu Estuary, adjacent to the Spotted Grunter Resort for the purpose of erecting a boat launching site slipway and the associated removal of sediment and or mud from the site published for comment. Deadline for comment: 16 May 2018 (PN62, PG4021, 2 April 2018, pg 11) 2 of 5 pages

3 Local Government Laws Bill, 2018 Repeal of Local Government Laws Bill, 2018 together with the memorandum on the objects of the bill published for comment. Deadline for comment: 16 April 2018 (PN65, PG4026, 09 April 2018, pg 11) 2.2 NORTHERN CAPE Verklaring van Natuurreservate: Bredenkamp; Brooks; Glen Lyon; Karoo Gariep; Oranjeriviermond; Rockwood en Sandhoog Natuurreservate. (AK48, PK2175, 09 April 2018, pg 12) 2.3 WESTERN CAPE Declaration of Protected Environment: Mountonshoek Protected Environment. (PN56, PG7916, 20 April 2018, pg 272) National Heritage Resources Act 25 of 1999 Provisional protection of Heritage Resources as Provincial Heritage Site: Erf , The River Club, Corner Liesbeeck Parkway and Observatory Road, Observatory, Cape Town. (LAN55768, PG7916, 20 April 2018, pg 287) Provisional protection of Heritage Resources as Provisional Heritage Site: Cape Farm 738 and 767 Jobs Vlei and Ohlhoff Farm, Philippi, Cape Town. (LAN55769, PG7916, 20 April 2018, pg 290) 2.4 GAUTENG Nature Conservation Ordinance 12 of 1983 Open Season: Ordinary Game. (GN612, PG113, 23 April 2018, pg 3) 2.5 FREE STATE Declaration of various properties in the Free State to be part of the Ingula Nature Reserve. (PN9, PG9, 26 April 2018, pg 2) 3 of 5 pages

4 3. LOCAL LEGISLATION 3.1 Eastern Cape OR Tambo District Municipality Notice of review of the Draft Spatial Development Framework (SDF), 2017/2018 published for comment. Deadline for comment: 6 July 2018 (PN74, PG4031, 16 April 2018, pg 13) 3.2 GAUTENG Emfuleni Local Municipality Establishment of the Emfuleni Municipal Planning Tribunal and notice of commencement of consideration of applications by the Emfuleni Municipal Planning Tribunal (EMPT). (PN394, PG107, 18 April 2018, pg 3) 3.3 WESTERN CAPE Bergrivier Local Municipality By-law on Municipal Land Use Planning published and PN209 in PG7418 of 2 July 2015 repealed. (LAN55396, PG7910, 06 April 2018, pg 2) Swartland Local Municipality Extension of declaration of a local state of drought disaster from 10 April 2018 to 10 May (LAN55388, PG7906, 06 April 2018, pg 227) Saldanha Bay Local Municipality Air Quality By-law; Fire Safety By-law; Integrated Waste Management By-law; Pounds By-law; Public Amenities By-law; By-law relating to Public Nuisances; Storm Water Management By-laws; and By-law relating to Water Supply, Sanitation Services and Industrial Effluent published and PNs and in PG7077 of 24 December 2012 repealed. (LAN , PG7912, 9 April 2018, pg 2, 18, 24, 42, 62, 67, 89, 96, 149, 153, 166, 192, 199, 229, 238, 248, 252, 254, 261, 271, 279, 291, 297 and 299) Drakenstein Local Municipality Extension of the declaration of a local state of drought disaster (hydrological and agricultural). (LAN55732, PG7913, 13 April 2018, p263) 4 of 5 pages

5 City of Cape Town Metropolitan Municipality Extension of the declaration of a local state of disaster as a result f devastating fires in the Imizamo-Yethu informal settlement situated in Hout Bay for a further one-month period from 28 April 2018 until 28 May (LAN55754, PG7916, 20 April 2018, pg 295) Extension of declaration of a local state of drought disaster from 20 April 2018 to 20 May (LAN55755, PG7916, 20 April 2018, pg 295) Mossel Bal Local Municipality Amendment to By-law relating to Public Nuisances as published in PG6688 of 18 January (LAN55767, PG7916, 20 April 2018, pg 302) 3.4 NORTHERN CAPE Khai-Ma Local Municipality Notice of intention to compile a Land Use Management System (Zoning Scheme, Land Development Procedures and Regulations LUMS) published for comment. (GN49, PG2176, 16 April 2018, pg 12) Dawid Kruiper Local Municipality By-law on Land Use Management. (GN51, PG2177, 23 April 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: sampson@wylie.co.za Siya Mkhize (Partner) Durban: Tel: Fax: Cell: smkhize@wylie.co.za Ayanda Msimang (Candidate Attorney) Durban Tel: Fax: Cell: amsimang@wylie.co.za 5 of 5 pages