> Legal Updates January 2018

Legal Updates January 2018

Restriction on the use of water for Domestic, Industrial and Agricultural purposes in the Mzimvubu-Tsitsikamma Water Management Area (WMA 7) in the Eastern Cape

 

Date: 19/01/2018

Government Gazette No.: 41386

Notice No.: 28

 

The Acting Director-General of the Department of Water and Sanitation published a notice, restricting the use of water due to a shortage of water in the Eastern Cape Supply System.

 

Affected Parties

Water users that fall within the Mzimvubu-Tsitsikamma Water Management Area, that either take surface or ground water for Domestic, Industrial and Agricultural purposes.

 

Applicability to Organisations

The following restrictions shall apply:

  • The taking of water from the water schemes/dams listed in Table 1 below for domestic, industrial and irrigation use be restricted by the percentages shown;
  • Taking of water from individual scheme dams in the Algoa Water Supply system be limited to the reduced allocations as specified in Table 2.
  • Taking of surface or ground water for domestic, industrial and irrigation water use within the catchments above the schemes/dams listed in Table 1 be restricted at the same percentage level as in Table 1 applicable to the scheme/dam in the corresponding catchment.

This provision shall be in place from the date of publication of the notice until the 31st of May 2018.

 

Reference in Digilex

 

SA Environmental Suite > Legal Library > N > National Water Act > Related

 

 

Breede-Gourtiz and Berg-Olifants Water Management Areas: Limiting the use of water in terms of item 6 of Schedule 3 of the Act for Urban, Irrigation and Industrial (including mining) purposes

 

Date: 12/01/2018

Government Gazette No.: 41381

Notice No.: 15

 

The Acting Director-General of the Department of Water and Sanitation published a notice, restricting the use of water due to a shortage of water in the Western Cape Supply System.

 

Affected Parties

Water users that abstract water from the Western Cape Supply System.

 

Applicability to Organisations

 This notice is supplementary and must be read together with Government Notice 1394 published on 12 December 2017.

 

The following restrictions shall apply:

  • Taking water from groundwater resources for domestic and industrial water use is curtailed by 45% in the Berg-Olifants and Breede-Gouritz water management areas;
  • Taking water from groundwater resources for agricultural water use is curtailed by 60% in the Berg-Olifants and Breede-Gouritz water management areas;
  • The curtailments in above areas are measured against the water demand of the users as per their five (5) year average for the period 2010/11-2014/15;

 

The limitation applies from the date of publication.

The Western Cape Provincial Head is delegated power to lift the water restrictions should the WCWSS recover to above 85% before the next decision date on 1 November 2018.

Ceasing any further releases from the system dams once an agricultural bulk water user association, irrigation board and/or individual water users have depleted their curtailed seasonal bulk volumes.

All water use sectors groups and individuals taking water from any water resource (surface or groundwater) regardless of authorisation type, in the Berg Olifants and Breede Gouritz Water Management Areas, shall install electronic water recording, monitoring or measuring devices to enable monitoring of abstractions, storage and use of water by existing lawful users and establish links with any monitoring or management system as well as keeping of records of the water used.

Records of metered volumes abstracted shall be provided with effect from the date of publication of this notice in a format specified by the Department and continue such recording, and reporting data weekly to the Department by Monday 12h00 to metering@dws.gov.za.

 

Reference in Digilex

SA Environmental Suite > Legal Library > N > National Water Act > Related

 

 

Proposed Regulations to exclude a waste stream or a portion of a waste stream from the definition of Waste

Date: 12/01/2018

Government Gazette No.: 41380

Notice No.: 14

The Minister of Environmental Affairs, has given notice of my intention to make regulations to exclude a waste stream or a portion of a waste stream from the definition of waste as set out in the Schedule to the Notice.

The purpose of this notice is to:

Prescribe the manner in which a person or a category of persons may apply to the Minister:

  • for the exclusion of a waste stream or a portion of a waste stream from the definition of waste;
  • exclude a waste stream or a portion of a waste stream from the definition of waste; and
  • promote diversion of waste from disposal through its beneficial use.

Members of the public are invited to submit to the Minister, within 30 days (i.e. 12 February 2018) after the publication of the notice in the Gazette, written representations on or objections to the following addresses:

By post to:  

The Director-General: Environmental Affairs

Attention: Mr Anben Pillay

Private Bag X447

PRETORIA

0001

By hand at: Reception, Environment House, 473 Steve Biko Road, Arcadia, Pretoria, 0083.

By e-mail : apillay@environment.gov.za

 

Affected Parties

Any person that generate waste or group of persons that generate waste, that currently falls under the definition of the NEMWA and would like to apply for said waste stream to be excluded from the definition of waste, meaning exclusion from the provisions of the NEMWA as they may apply.

 

Applicability to Organisations

This is the 3rd notice published regarding the proposal to exclude certain wastes from the definition of waste as per the NEMWA.

 

The criteria for considering the exclusion of waste is set out in regulation 7;

 

Applicants will be obliged to submit a risk assessment followed by a risk management plan along with its applications, details of which are included under regulations 8 and 9 of the notice;

 

Persons who have been granted an exclusion under this notice, must comply to the reporting provisions set out under regulation 11 of the notice.

A list of wastes has been identified that are automatically excluded from the definition is set out in Schedule 1. Transitional arrangements regarding the mentioned exclusion is set out in Chapter 4.

 

Health and Safety Updates

 

Proposed Incorporation of Code of Practice for Inspection and Testing of Lifts

Date: 26/01/2018

Government Gazette No.: 41400

Notice No.: 52

The Chief Inspector of Labour on recommendation of the Advisory Council for Occupational Health and Safety, published a notice of his intention to incorporate the code of practice for inspection and testing of lifts as referred to under the Lift, Escalator and Passenger Conveyor Regulations, 2010. 

Interested and affected parties are requested to submit any substantiated comments or representations within 90 days (i.e. 26 April 2018) to the following address:

For the attention of the Chief Inspector: Occupational Health and Safety

Director General, Department of Labour

Private Bag x 117,

Pretoria, 0001

 

Affected Parties

Persons that have lifts in any of their facilities, that is not a mining area. Persons rendering services for the inspection of lifts.

 

Applicability to Organisations

 If deemed appropriate, comments on the proposed Code of Practice should be submitted to the Department within the prescribed timeframe.

 

Reference in Digilex

 SA Health and Safety Suite > Legal Library > O > Occupational Health and Safety Act > Draft

 

Draft Asbestos Abatement Regulations

Date: 26/01/2018

Government Gazette No.: 41387

Notice No.: 29

The Minister of Labour published a notice of his intention to make regulations relating to Asbestos.

Interested parties are invited to comment on the proposed asbestos regulations by 19 April 2018. Representations must be sent to:

The Department of Labour - attention: E Lourens

Laboria House

215 Francis Baard Street

Pretoria CBD  

 

By Fax:             012 309 4763  

By email:    seapi.maloisane@labour.gov.za OR elize.lourens@labour.gov.za

NOTE: Comments, inputs and/or corrections on the Draft Asbestos Regulations should be made in the format as provided for on page 18 of the notice.

 

Affected Parties

Any person who has employees that may be exposed to asbestos, has any asbestos on its site or have any asbestos containing materials or conduct any asbestos work.

 

Applicability to Organisations

The draft regulations read similarly to the current Asbestos Regulations and makes provision for inter alia, identification of sources, assessment of sources and application of suitable controls in respect of any risk associated with said sources. It does however appear that the section relating to conducting of asbestos work has been elaborated, including provisions such as Duties of the Asbestos Client for Asbestos Work.

 

Reference in Digilex

SA Health and Safety Suite > Legal Library > O > Occupational Health and Safety Act > Draft Legislation