> Legal Updates July 2018

Legal Updates July 2018

ENVIRONMENTAL UPDATES

 


Regulations regarding the exclusion of a waste stream or a portion of a waste stream from the Definition of Waste

Date: 18/07/2018

Government Gazette No.: 41777

Notice No.: 715

 

The Minister of Environmental Affairs made regulations regarding the exclusion of a waste stream or a portion of a waste stream from the definition of waste as set out in the schedule to the notice.

 


Affected Parties

 

Any person that generate waste or a category of persons that generate the same waste, that wish to apply to the Minister for the exclusion of a waste stream or a portion of a waste stream for beneficial use from the definition of waste. However, excludes, a generator of domestic waste that falls within the jurisdiction of a municipality.

 

Applicability to Organisations

 

An application for exclusion of a waste stream or portion of a waste stream must be lodged with the Minister using the correct form.
The criteria for exclusion of a waste stream or portion of a waste stream from the definition of waste is set out in regulation 7 of the notice. In this regard the applicant must demonstrate that the waste is being or has been or will be used for a beneficial purpose either locally or internationally and undertake a risk assessment together with a risk management plan demonstrating the intended beneficial use of the excluded waste to be managed in such a way to ensure the intended beneficial use will not result in significant adverse impacts on the environment.

 


The elements of the Risk Assessment mentioned above is set out in regulation 8 and the Content of the Risk Management Plan in regulation 9.
The applicant must submit the report(s) arising from the risk management plan to the DEA on an annual basis.
The regulations refer to a register published on SAWIC that include waste streams to be excluded form the definition, however, GGA was unable to local such a register on the mentioned website.

 


Transitional provisions are in place for organisations that have received exemptions in respect of section 74 of the NEMWA.

 

Reference


SA Environmental Suite > 4. Waste > 4.1 Defining Waste Streams > 4.1.1 Exclusions of certain waste streams
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Corrections to the Environmental Impact Assessment Regulations and Listing Notice, 2014

 

Date: 13/07/2018


Government Gazette No.: 41766


Notice No.: 706


The Minister of Environmental Affairs published a notice to make corrections to the EIA Regulations and Listing Notices, 2014.

 

Affected Parties


Any person or organisation that plan on engaging in any activity that may require environmental authorisation.
Applicability to Organisations

 

Corrections have been made in respect of:

• Regulation 14; 23; 33 and 49 of the EIA Regulations;
• Listing Notice 1 (activity 48) and 3 (definitions).

 

Reference


SA Environmental Suite > 11. Development Activities > 11.1 Environmental Impact Assessments
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Proposed amendments to the National Waste Information Regulations, 2012

Date: 06/07/2018

Government Gazette No.: 41760

Notice No.: 701

 

The Minister of Environmental Affairs published a notice of her intention to make amendments to the National Waste information Regulations, 2012 as set out in the schedule to the notice.


Interested parties are requested to submit written representation to the department on the proposed amendments within 30 days (i.e on or by 6 August 2018) after the publication of the Notice.


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

By email: apillay@environment.gov.za

Any enquiries can be directed to Mr Anben Pillay at Tel: 012 399 9827

 

Affected Parties


Any person or organisation that is required to register as a waste generator, transporter or manager in terms of the National Waste Information Regulations, 2012.

 

Applicability to Organisations

 

Note that the list of persons conducting activities that must register in terms of SAWIC, was amended, as such, it is recommended that all generators, transporter and waste managers peruse the proposed amendments and make comments thereon if required.

 

Reference

SA Environmental Suite > Legal Library > N > National Environmental Management Waste Act > Draft
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Draft Regulations for the Mandatory Display and Submission of Energy Performance Certificates for Buildings

Date: 06/07/2018

Government Gazette No.: 41754

Notice No.: 369

 

The Minister of energy published Draft Regulations for the Mandatory Display and Submission of Energy Performance Certificates for Buildings, for public comment.
Interested parties are requested to submit written representation to the department on the proposed amendments within 60 days (i.e on or by 6 September 2018) after the publication of the Notice, for the Attention of Xolile Mabusela Department of Energy:

By Post: Private Bag x 96, Pretoria, 0001

 

By hand at: Matimba House, 192 Visagie Street, Pretoria, 0083


By email: Lebogang.nkhwashu@energy.gov.za.

 


Affected Parties

 


Organs of State including National and Provincial Departments and Municipalities and/or any owners of a buildings that; are used for entertainment and Public Assembly; Theatrical and Indoor Sport; Places of Instruction or Offices in excess of 2000m2 floor area and is in operation to meet a particular need associated with the use of the building for more than 2 years and not been subject to major renovations within the last 2 years.

 

Applicability to Organisations

 

Persons mentioned above (i.e. accounting officers of an organ of state and or owner of a building) will be required to publicly display an energy performance certificate at the entrance of a building and submit a certified copy of the energy performance certificate to SANEDI in respect of every building within 2 years of publication of the notice.
Energy Performance Certificate shall only be valid for 5 years.

 

Reference
SA Environmental Suite > Legal Library > N > National Energy Act > Draft