> Legal Updates February 2018

Legal Updates February 2018

Draft Alien and Invasive Species Regulations

Date: 16/02/2018

Government Gazette No.: 41445

Notice No.: 112

The Minister of Environmental Affairs, published for comment the Draft Alien and Invasive Species Regulations as set out in the schedule to the Notice.

Any person who wishes to submit representations or comments in connection with the draft regulations are invited to do so within 30 days from the date of publication of this notice in the Government Gazette (i.e.16 April 2018).

All representations and comments must be submitted in writing to the Deputy Director-General of the Department of Environmental Affairs, Branch: Environmental Programmes:

By hand: The Deputy Director-General

Attention: Dr. Guy Preston

National Department of Environmental Affairs

Branch: Environmental Programmes

14 Loop Street

CAPE TOWN

By Post: The Deputy Director-General

Attention: Dr. Guy Preston

National Department of Environmental Affairs

P O Box/Private Bag X4390

CAPE TOWN

8000

By e-mail to NembaRegs@environment.gov.za

Telephonic enquiries: Ms. Nomahlubi Geja at 021 441 2791 / 2707

Affected Parties

Any person/organisation that has any Category of listed alien or invasive species (Fauna and/or Flora) present on his/her/its premises or wish to engage in a restricted activity, such as import or export, spread, release or transferring of any specimen, involving any Category of listed alien or invasive species.

Applicability to Organisations

 

The regulations include provision for matter relating to, amongst others:

 Categories of Listed Invasive Species;

  • Restricted Activities;
  • National Framework Documents;
  • Keeping of registers and Sending notifications;
  • Application for permits;
  • Emergency Situations.

 

Reference in Digilex

SA Environmental Suite > Legal Library > N > National Environmental Management Biodiversity Act > Draft

 

 

Notice of Identification of the procedure to be followed in applying for Environmental Authorisation for Large Scale Electricity Transmission and Distribution Development Activities when occurring in geographical areas of Strategic Importance

Date: 16/02/2018

Government Gazette No.: 41445

Notice No.: 113

The Minister of Environmental Affairs, published a notice for the Identification of procedure to be followed in applying for Environmental Authorisation for Large Scale Electricity Transmission and Distribution Development Activities when occurring in geographical areas of Strategic Importance.

The Strategic Environmental Assessment for Electricity Grid Infrastructure (EGI) in South Africa has identified five Strategic Transmission Corridors that are of strategic importance for the rollout of the supporting large-scale electricity transmission and distribution infrastructure in terms of Strategic Integrated Project 10: Electricity Transmission and Distribution.

On 17 February 2016, Cabinet approved the Strategic Transmission Corridors contained in this Notice, which support areas where long term electricity grid infrastructure will be developed and where an integrated decision-making process for applications for environmental authorisation in terms of the NEMA, will be followed.

 Affected Parties

Any person that wish to apply for environmental authorisation for large scale electricity transmission and distribution facilities, when such facilities occur in one or more of the following Strategic Transmission corridors.

The Strategic Transmission Corridors compiled in terms of section 24(3) of NEMA are:

8.1 Central corridor;

8.2 Eastern corridor;

8.3 International corridor;

8.4 Northern corridor; and

8.5 Western corridor.

Applicability to Organisations

Applications for an environmental authorisation for large scale electricity transmission and distribution facilities, when such facilities trigger activity 9 of the EIA Regulations Listing Notice 2 of 2014 and any other listed and specified activities necessary for the realisation of such facilities, and where the greater part of the proposed facility is to occur in one or more such Strategic Transmission Corridors, must follow the basic assessment procedure contemplated in Regulation 19 and 20 of the EIA Regulations, 2014 in order to obtain environmental authorisation, as required in terms of the Act.

The timeframe for decision making as contained in the EIA Regulations, 2014 for purposes of the applications for environmental authorisation contemplated in the Notice is 57 days.

For applications for environmental authorisation for large scale electricity transmission and distribution facilities contemplated in paragraph 3, routes that have been pre-negotiated with landowners must be submitted as part of such application for environmental authorisation.

Applications for environmental authorisation for large scale electricity transmission and distribution facilities, where the greater part of the facility falls outside a Strategic Transmission Corridor, will be considered in line with the requirements prescribed in terms of the EIA Regulations, 2014.

If the greater part of the facilities contemplated in this Notice falls outside a Strategic Transmission Corridor contemplated in this Notice, the requirements as prescribed in the EIA Regulations, 2014, apply.

The boundaries of the Strategic Transmission Corridors referred to in this Notice are as indicated on the map, available from the Department of Environmental Affairs at https://egis.environment.gov.za – Geographic Areas.

The information relating to the Strategic Transmission Corridors contained in this Notice can also be obtained from: GazetteMapping@environment.gov.za or requested form DEA Contact Person: Ms Marlanie Moodley or Ms Lisa Pretorius (Direct Line 012 399 8916/ 9301.

 

Reference in Digilex

SA Environmental Suite > Legal Register > 11. Development Activities > 11.1 Environmental Impact Assessment > 11.1.4 Environmental Authorisation Process > 11.1.4.4 Large Scale Electricity Transmission and Distribution Development Activities

 

 

 

Draft Amendments to the Alien and Invasive Species List

Date: 16/02/2018

Government Gazette No.: 41445

Notice No.: 115

The Minister of Environmental Affairs, published an amendment to the Alien and Invasive Species list invites members of the public to comment on the proposed amendments as set out in schedule to the notice.

Any person who wishes to submit representations or comments in connection with the draft lists are invited to do so within 30 days from the date of the publication of the notice in the Government Gazette and by no later than 16h00 on the last day of comment (i.e 16 April 2018).

All representations and comments must be submitted in writing to the Deputy Director-General of the Department of Environmental Affairs, Branch Environmental Programmes:

By hand to: The Deputy Director-General

                   Environmental Programmes

                   Attention: Dr Guy Preston

                   14 Loop Street, Cape Town

By post to:  Private Bag X4390.

                   CAPE TOWN

                   8001

By email to:  NembaRegs@environment.gov.za

Enquiries: Ms. Nomahlubi Geja at Tel: 021 441-2791 / 2707

 

Affected Parties

Any person that has alien and invasive species (Flora) listed under Notice 1 in respect of Categories 1a; 1b, 2 and 3 located on its site;

Any person that has alien and invasive species (Fauna) listed under Notice 3 located on its site.

 

Applicability to Organisations

 Affected parties as indicated above should consider proposed amendments and submit their comments within the prescribed time frame.

 Also take note that draft repeals Notice 4 which relate to the Prohibited Species published GNR 864/2016.

 

Reference in Digilex

 SA Environmental Suite > Legal Library > N > National Environmental Management Biodiversity Act > Draft

 

 

 

Irrigation Boards and Water Users Associations Instruction to install Water Measuring Devices for Water Taken for Irrigation Purposes and to Monitor Compliance to Regulations Requiring that the taking of water for irrigation purposes be measured, recorded and reported

 

Date: 23/02/2018

Government Gazette No.: 41456

Notice No.: 141

The Acting Director-General of the Department of Water and Sanitation, on reasonable grounds believe that a water shortage may exists on/in most catchments around the country, and that there is poor compliance to the Regulations requiring that the taking of water for irrigation purposes be measured, recorded and reported published under GNR 131/2017  in exercising water use and therefore instruct all Irrigation Boards and Water Users Associations in the country to install water measuring devices for water taken for irrigation purposes and to monitor compliance to GNR131/2017.

Irrigation Boards and Water Users Associations that have water use authorizations to abstract are required to install water measuring devices one month from the date of publication of this notice.

The measuring devices must be selected, installed, operated and maintained according to GNR 131/2017. This requirement supersedes any other requirement to measure that may have issued, including conditions attached to the water use authorisation.

Affected Parties

Any person or water management institution who takes water from a water resource for the purpose of irrigation. (I.e. Holders of authorisations to abstract water from a water resource (in-stream or a dam for irrigation.)

Applicability to Organisations

Irrigations Boards and Water Users Associations are to instruct their water user members to install water measuring devices in line with GNR 131/2017.

Requirements for water measuring device in accordance with GNR 131/2017:

  1. Installation of a self-registering water measuring device that is suitable for the water to be measured;
  2. Installation the water measuring device according to the specifications of the supplier of the device;
  3. installation the water measuring device in such a manner that the measuring and recording mechanisms thereof are sealed and secured so as to be reasonably free from damage or vulnerability to tampering or sabotage;
  4. operating and maintain the water measuring device in accordance with the requirements and specifications of the supplier thereof and the requirements and conditions required by the authority and keep a record of such operation and maintenance;
  5. recording the volumes measured for each calendar month at the end of the month, or at the frequency and times stipulated in the water use authorisation, instruction to measure or other requirement to measure;
  6. keeping a record of all the data obtained from the water measuring device, including the volumes recorded in terms of sub-paragraph
  7. (e), for at least five years; and
  8. ensuring the accuracy of the water measuring device by having its accuracy verified at least once every five years or for such period as required by the manufacturer, whichever is the shortest period, by a person or an institution accredited to verify the accuracy of the device and furnish proof of such verification and the accuracy of the water measuring device to the authority within thirty days after the verification.

Water users are required to submit water measuring records on a monthly basis directly or through the Water Users Association or Irrigations Board depending on their location, to one of the following emails:

Limpopo: metering.limpopo@dws.gov.za

Olifants: metering.olifants@dws.gov.za

Inkomali-Usuthu: metering.inksuthu@dws.gov.za

Vaal: metering.vaal@dws.gov.za

Orange: metering.orange@dws.gov.za

Pongola-Mzimkulu: metering.pongonzi@dws.gov.za

Mzimvubu-Tsitsikama: metering.mizitsi@dws.gov.za

Breede-Gouritz: metering.breego@dws.gov.za

Berg-Olifants: metering.bergoli@dws.gov.za

 

Requirements for recordkeeping and reporting in respect of data acquired from water measuring device in accordance with GNR 131/2017:

 

A water user must-

(a) keep and store the records safely and securely;

(b) within seven days from the last day of each month, use the records to provide the authority with-

       (i)     the measured monthly volume, or

       (ii)    the volume for the period and at the times stipulated in

               the-

               (aa) water use authorisation;

               (bb) instruction to measure;

               (cc) other requirement to measure; and

       (iii)   any other information required by the authority, in a way and a format required by the   

              authority;

(c) on demand, make the record of the monthly volumes and information provided available to the authority or an authorised person appointed in terms of section 124 of the Act for inspection.

 

 

Reference in Digilex

 

SA Environmental Suite > Legal Register > 2. Water Management > 2.3 Water Uses > 2.3.1 Licensing of Water Uses > 2.3.1.2 Abstracting Water from a Surface or Groundwater Resource

 

 

 

National Guideline on Minimum Information Requirements for preparing Environmental Impact Assessments for Mining Activities that Require Environmental Authorisation

Date: 08/02/2018

Government Gazette No.: 41432

Notice No.: 86

The Minister of Environmental Affairs, gave notice of her intention to publish the National Guideline on Minimum Information Requirements for Preparing Environmental Impact Assessments for Mining Activities that Require Environmental Authorisation, in terms of section 24J of the NEMA, as set out in the Schedule to the Notice.

The Environmental Impact Assessment (EIA) Regulations make it clear that an Environmental Assessment Practitioner (EAP) appointed to manage an EIA process must, amongst other requirements, have knowledge of all guidelines that have relevance to the proposed activity and the EIA process, and must throughout the EIA process consider all relevant guidelines.

The guideline contains information that provide guidance in terms of best practice in terms of EIA aspects that is related to mining and specifically mineral processing. While the best practice guidance must to be considered.

Members of the public are invited to submit to the Minister, within 30 days after the publication of this Notice in the Gazette (i.e. 9 March 2018), written comments or inputs to the following addresses:

By hand at:

The Director-General: Department of Environmental Affairs

Attention: Mr Alfred Mocheko

Reception, Environment House, 473 Steve Biko Road, Arcadia,

Pretoria, 0083.

By e-mail: amocheko@environment.gov.za or scarlyie@environment.gov.za

Any inquiries can be directed to Mr Alfred Mocheko on (012) 399 9315 or Ms Sujata Carlyle at 012 399 9314.

The National Guideline can also be accessed on the departmental website: www.environment.gov.za

NOTE: Any Errors or omissions found in this guideline will be corrected will be available as an online version at www.environment.gov.za. Any additions to the guideline in the form of appendices will also be made available online.

Affected Parties

Any person/organisation that wish to undertake any activity within a mining area, that require and EIA/ Environmental Authorisation as well as EAPs.

 

Applicability to Organisations

The purpose of the document is to allow for a more standardised and robust approach during the compilation of EIAs by considering best practice scenarios.

The aim of the Minimum Information Requirements (MIR) guideline is to equip EAPs to undertake comprehensive and detailed EIAs that will ultimately encourage the submission of high quality information which will ensure that the DMR during the processing of applications, has the best quality information available for decision making.

At its core the MIR guideline aims to identify key aspects that need to be considered and assessed during the EIA process and most importantly, also highlight environmental outcomes to be achieved.

Note that the guideline must be read together with all relevant legislation including the NEMA and the EIA Regulations and is not intended to be a substitute for the provisions of any legislation in any way.

Note that this document does not take the place of legal advice in a specific situation governed by legislation.

Comments on the proposed MIR Guideline must be submitted within the prescribed timeframe.

 

Reference in Digilex

 

SA Environmental Suite > Legal Library > N > National Environmental Management Act > Draft

 

 

 

 

Appointment of the Environmental Assessment Practitioners Association of South Africa as the Single Registration Authority in terms of Section 24H of the NEMA

 

Date: 08/02/2018

Government Gazette No.: 41434

Notice No.: 104

The Minister of Environmental Affairs, published a notice regarding the appointment of the Environmental Assessment Practitioners Association of South Africa as the single registration authority for environmental assessment practitioners, as set out in the Schedule to the Notice.

This appointment is valid for a period of 5 (five) years, from the date of publication of this Notice in the Gazette (i.e. 8 February 2023).

Affected Parties

All Environmental Assessment Practitioners.

 

All persons/organisations that is required to conduct an EIA to obtain environmental authorisation or licensing under any of the Section Environmental Laws.

 

Applicability to Organisations

In terms of Regulation 22(2) of the Section 24H Registration Authority Regulations, 2016, the requirement to register as an environmental assessment practitioner takes effect 24 months from the date of the appointment of the first registration authority (i.e. 8 February 2020).

These Regulations came into effect on the date of the appointment of the first registration authority i.e. 8 February 2018.

Therefore, any person/organisation that wish to make use of an EAP to undertake and EIA for the company in respect of any development requiring environmental authorisation/ waste management licence, etc. must ensure that said EAP is registered with EAPASA.

 

The Environmental Assessment Practitioners Association of South Africa can be accessed at https://eapasa.org.

 

Reference in Digilex

 

SA Environmental Suite > Legal Register > 11. Development Activities > 11.1 Environmental Impact Assessment > 11.1.2 Duties of Role Players > 11.1.2.3 Environmental Assessment Practitioner