> Legal Updates June 2018

Legal Updates June 2018

ENVIRONMENTAL UPDATES

 

Climate Change Bill, 2018

Date: 08/06/2018

Government Gazette No.: 41689

Notice No.: 580


The Minister of Environmental Affairs has published the Climate Change Bill, 2018 in the Schedule to the notice for public comment.
The objects of the Act will be to:

  1. Provide for the coordinated and integrated response to climate change and its impacts by all spheres of government in accordance with the principles of cooperative governance;

  2. Provide for the effective management of inevitable climate change impacts through enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change, with a view to building social, economic, and environmental resilience and an adequate national adaptation response in the context of the global climate change response;

  3. Make a fair contribution to the global effort to stabilise greenhouse gas concentrations in the atmosphere at a level that avoids dangerous anthropogenic interference with the climate system within a timeframe and in a manner that enables economic, employment, social and environmental development to proceed in a sustainable manner.
    Members of the public are invited to submit to the Minister, within 60 days from the date of publication of this Notice in the Government Gazette, written inputs or comment on the four Industry Waste Tyre Management Plans to the following addresses:


By post to:  The Director-General: Department of Environmental Affairs 


Attention:  Ms Dineo Ngobeni
Private Bag X447
Pretoria ,0001


By hand at: Environment House, 473 Steve Biko Street, Pretoria, Arcadia, 0082.


By email: Climate@environment.gov.za
Enquiries (012) 399 9160

 

Affected Parties


The act will apply to the whole of SA and be binding on all organs of state.
The essence of the Climate Change Act (hereafter referred to as the Act) is to provide framework legislation for the implementation of mechanisms, systems and procedures to ensure that the objectives of the Act is achieved, which is a duty of Government. Prior to such actions required to be taken by Government as explained below, there are no actual obligation placed on any individuals/organisations at this time.

 

Nevertheless, the Act will have an impact on sectors, viz. coal mining, production and/or refining of crude oil, production of natural gas, cement production, glass production, iron and steel production, pulp and paper production electricity production from fossil fuels (to name but a few), and accordingly the public must use this opportunity to comment on the proposed framework legislation for Climate change.


Applicability to Organisations


Functions of Government:


In accordance with the Act, Government will have to, within 2 years of the date on which section 6 of the Act takes effect, by notice in the Gazette, establish a national environmentally sustainable development framework for achieving the objects of the Act, which must include-

  1. Appropriate mechanisms, systems and procedures to achieve such objects;
  2. Mechanisms, systems and procedures to give effect to the Republic's obligations in terms of International climate change related agreements; and
  3. Any other matter which the Minister considers necessary for achieving the objects of the Act.


Note that in the event of any conflict between a section of the Act and other legislation specifically relating to climate change, the section of the Act will prevail.
The national environmentally sustainable development framework may assign and delineate responsibilities for the implementation of the Act amongst-

  1. the different spheres of government; and

  2. different organs of state.


An organ of state must give effect to the national environmentally sustainable development framework when exercising a power or performing a duty in terms of the Act, or any other legislation regulating climate change responses.


Every organ of state must coordinate and harmonise the policies, plans, programmes and decisions of the national, provincial and local spheres of government that exercise functions that effect or are affected by climate change or are entrusted with powers and duties aimed at the achievement, promotion, and protection of a sustainable environment, in order to-

  1.  ensure that the risks of climate change impacts and associated vulnerabilities are taken into consideration; and

  2. give effect to the national adaptation and mitigation objectives set out in the Act.

 

An MEC responsible for the environment or a Mayor of a municipality, as the case may be, must-

  1. within one year of the coming into operation of the Act, undertake a climate change needs and response assessment for the province or municipality, as the case may be, and such climate change needs and response assessment must be reviewed at least once every five years; and
  2. within two years of the coming into operation of the Act, develop and implement a climate change response implementation plan which must be informed by the climate change needs and response assessment as contemplated in paragraph (a) and review and publish the provincial or municipal climate change response implementation plans, as the case may be, every five years.

 


A provincial or municipal climate change response implementation plan, must-


a) include measures or programmes relating to both adaptation and mitigation;
b) take account of the risks and vulnerabilities associated with climate change;
c) include mechanisms for their effective implementation that align with national sector plans;
d) cover all priority sectors; and
e) comply with any requirements as may be prescribed by the Minister or MEC.

 

A Minister responsible for a sector department and any State Owned Entity for which a sector department is responsible must-

  1. identify and map, within the sphere of operations of the relevant Functional Area, risks and vulnerabilities, areas, ecosystems, communities and households that will arise and that are vulnerable to the impacts of climate change; and identification and establishment of measures and mechanisms to manage and implement the required response; and
  2.  within two years of the coming into operation of the Act, develop and implement a climate change response implementation plan which must be informed by the assessments undertaken pursuant to paragraph and be reviewed and published every five years.

 

A Minister responsible for a sector department must submit, every four years of the coming into operation of the Act, reports on the progress made in relation to the implementation of the climate change response implementation plan.

 

The Minister must, in consultation with the Ministerial Committee on Climate Change, by notice in the Gazette, determine a national greenhouse gas emissions trajectory for the Republic of South Africa, which must-

  1.  specify a national greenhouse gas emissions reduction objective through quantitative descriptions of volumes of greenhouse gas emissions expected to be emitted over a specified period in the Republic;

  2. be informed by relevant and up to date information regarding the total current and projected volumes of greenhouse gases emitted in the Republic; and

  3. be consistent with the objectives of the Act and the Republic's international obligations.

 


Sectoral Emission Targets:

 

The Minister must, in consultation with the Ministerial Committee on Climate Change, by notice in the Gazette, every five years, determine SETs for greenhouse gas emitting sectors and sub-sectors, which must-

  1. address, as a minimum, the following considerations-
    i. the cost and benefits;
    ii. be based on the best available science; and
    iii. the best available mitigation options; and
  2. be consistent with the national greenhouse gas emissions trajectory.

 

Carbon Budgets:

The Minister must, by notice in the Gazette, determine a greenhouse gas emissions threshold for the purpose of determining persons that will be allocated a carbon budget.
In accordance with the greenhouse gas emissions threshold the Minister must allocate a carbon budget that is applicable to a specified person for not less than three successive five-year periods.

 

The Minister must review a carbon budget allocated to a person every five years.

A person to whom a carbon budget has been allocated is obliged to comply with the carbon budget and to implement the approved greenhouse gas mitigation plan properly in accordance with the methodology contained in the approved greenhouse gas mitigation plan-

i. monitor its annual greenhouse gas emissions;
ii. evaluate its progress towards compliance with the carbon budget;
iii. annually report on the progress towards compliance with the carbon budget; and
iv. in the event that such reporting indicates that the person has failed, is failing or will fail to comply with the carbon budget, to provide an explanation of measures the person will implement in order to achieve compliance.

 

Under extreme circumstances, a person to whom a carbon budget has been allocated may make an application to the Minister for an extension of the compliance timeframes with a carbon budget allocated that person.

 

Regulations and Transitional Arrangements:

The Minister may make regulations:


that will promote the effective implementation of the national framework, including-

 

i. in relation to any matter necessary to give effect to the Republic's obligations in terms of an international agreement relating to climate change; and
ii. in relation to the management of emissions of greenhouse gases including-

(aa) the determination, review, amendment and cancellation of a carbon budget allocation and all matters related thereto;
(bb) the phasing down or phasing out of synthetic greenhouse gases, including the development of timeframes, inventories and mechanisms for reporting; and
(cc) incentives and disincentives to encourage a change in behaviour towards the generation of greenhouse gases amongst all sectors of society;
that will promote effective monitoring, evaluation and assessment of national progress in relation to climate change adaptation matters, including-


i. in relation to the progress made by Departments responsible for Functional Areas, Provinces and Municipalities with the development and implementation of climate change needs and response assessments and climate change response implementation plans;
ii. in relation to the performance of Departments responsible for Functional Areas, Provinces and Municipalities in respect of the national adaptation objectives and related target indicators, including the extent of any deviation in such progress; and
iii. in relation to the consequences for the failure of sector departments responsible for Functional Areas, Provinces and Municipalities to report in the prescribed manner; and that will promote the effective monitoring, evaluation and assessment of national progress in relation to climate change matters, including in relation to climate change data and information, including-

 

(i) information relating to direct and indirect greenhouse gas emissions, including for the purposes of planning, analysis and monitoring; and to inform how the Republic may comply with any international obligations;
(ii) information necessary to determine climate change vulnerability and to foster resilience; and
(iii) any matter that may or must be prescribed in terms of the Act.

 

The regulations and notice relating to the Declaration of Greenhouse Gases as Priority Air Pollutants, the National Pollution Prevention Plans Regulations and the National Greenhouse Gas Emission Reporting Regulations published in terms of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004) which exist when the Act takes effect, remain in force and effect until they are amended, replaced or repealed in terms of the Act.

 

Reference

Environmental Suite > Legal Library > C > Climate Change Act > Draft

 

 

 

Publication of the Draft Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 (Draft Mining Charter, 2018)

Date: 15/06/2018

Government Gazette No.: 41714

Notice No.: 611

 

The Minister of Mineral Resources has published the draft Broad-Based Socio-Economic Empowerment (BBSEE) Charter for the Mining and Minerals Industry for public Comment.
Interested and affected parties are invited to submit to the Minister, within 30 days of publication (i.e. 15 July 2018) of the notice, written comments or inputs to the following addresses:

By hand at: 70 Mentjies Street, Trevenna Campus, Sunnyside, 0007


By e-mail: Sibongile.Malie@dmr.gov.za

 

 

Affected Parties


The Mines and Minerals Industry.


Applicability to Organisations

In 2014, 10 years after the Mining Charter came into effect, the DMR conducted a second assessment of mining companies' compliance with agreed targets contained in the Mining Charter. This second assessment revealed amongst other things that:


Despite a noticeable improvement in levels of compliance, the mining industry is still unacceptably far from being fully transformed.

 

Notwithstanding a paucity of companies of all sizes that have fully embraced the spirit of the Mining Charter, extremely varied performance by most companies suggests a generally compliance-driven mode of implementation, primarily designed to protect (their) the latter's "social license to operate".

 

Limited progress has been made in embracing broad-based empowerment ownership to achieve meaningful economic participation of Black South Africans.
Government initiated another comprehensive review process in 2015 aimed at strengthening the efficacy of the Mining Charter as a tool for effecting broad based and meaningful transformation of the mining and minerals industry.

 

Following the above, the current review process considers the need to align and integrate Government policies to remove ambiguities in respect of interpretation and create regulatory certainty. Therefore, the reviewed Mining Charter is aligned to the provisions of the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003) (BBBEE Act) and the Codes of Good Practice ("DTI Codes"), Employment Equity Act, 1998 (Act No. 55 of 1998) and other relevant regulatory frameworks.

 

The charter’s intention is to facilitate sustainable transformation, growth and development of the mining industry and to give effect to section 100(2)(a) of the MRDA relating to required transformation policies.

 

Reference

SA Environmental Suite > Legal Library > M > Minerals and Petroleum Resources Development Act > Draft
_________________

 

 

Imposing of restrictions for prospecting or mining in terms of section 49(1) of the MPRDA


Date: 28/06/2018


Government Gazette No.: 41743


Notice No.: 657


The Minister of Mineral Resources has exercised his right to impose a restriction under section 49(1) of the MPRDA.

 

Affected Parties

 


Any person intending on applying for a technical co-operation permit, exploration rights and production rights in terms of sections 76, 79 and 83 of the MPRDA.

 

Applicability to Organisations

 


In term of the notice published the Minister, having regarded the interest and need to promote sustainable development of the nation’s petroleum resources imposed a restriction under section 49(1) of the MPRDA on the granting of applications for technical co-operation permit, exploration rights and production rights from 28 June 2018 until further notice.
Note that the restriction shall not affect the processing of applications for reconnaissance permits, technical co-operation permits, exploration and production rights received before the date of publication.

 


Reference


SA Environmental Suite > Legal Library > M > Minerals and Petroleum Resources Development Act > Regulations
__________________________

 

 

Notice extending the Public Commenting Period for the Draft Amendments to the Alien and Invasive Species Regulations and Draft Amendments to the Alien and Invasive Species List

Date: 22/06/2018

Government Gazette No.: 41722

Notice No.: 616

 

The Minister of Environmental Affairs extend the public commenting period to comment on both the draft amendments to the Alien and Invasive Species Regulations and the draft amendments to the Alien and Invasive Species Lists published in Government Notice 112 and Government Notice 115, respectively, in Government Gazette 41445 on 16 February 2018.

 

The information is available on the Department's website at www.environment.gov.za: risk assessments related to the draft amendments referred to above, the socio-economic impact assessment, and other relevant information. If you require any other specific information about the proposed amendments, please contact the Department by email on NembaRegs@environment.gov.za.

 

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.
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

 

The Draft Alien and Invasive Species 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.

 

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


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

 


HEALTH AND SAFETY UPDATES

Regulations Governing General Hygiene Requirements for Food Premises, the Transport of Food and related Matters


Date: 22/06/2018


Government Gazette No.: 41730


Notice No.: 638

 


The Minister of Health has, made regulations for the Regulations Governing General Hygiene Requirements for Food Premises, the Transport of Food and Related matters.
Affected Parties


Any person in charge, means in relation to food premises, a natural person who is responsible for the food premises or the owner of such food premises, as the case may be that includes the manufacture, process, produce, pack, prepare, keep, offer, store, transport or display for sale or for serving, of food.

 

Applicability to Organisations

 

These regulations will only come into effect on 22 June 2019. GGA will provides an update including all relevant details closer to date of enactment.
Note that the regulations published in Government Notice No. 962 of 23 November 2012, Government Notice No. 2064 of 2 November 1973 and Government Notice No. R. 180 of 10 February 1967 have been repealed.

 


Reference


SA Health and Safety Suite Updated > Legal Library > F > Foodstuffs, Cosmetics and Disinfectants Act > Regulations
_______________________________________