> Legal Updates March 2018

Legal Updates March 2018

ENVIRONMENTAL RELATED UPDATES:

Notice of Intention to adopt the Integrated Environmental Management Plan of The Square Kilometre Array (Phase 1) As Environmental Management Instrument and to exclude, activities identified in terms of Section 24(2)(a) or (b) of the NEMA from the requirement to obtain Environmental Authorisation

Date: 16/03/2018

Government Gazette No.: 41498

Notice No.: 213

The Minister of Environmental Affairs, has given a notice of her intention to adopt the Integrated Environmental Management Plan (IEMP) for the Square Kilometre Array (Phase 1) as an environmental management instrument and based on compliance to Chapter 4 of the IEMP, I intend to exclude, in terms of section 24(2)(e) of the NEMA all activities, identified in terms of section 24(2)(a) and (b) of the Act, which are associated with the development of phase 1 of the SKA and which are described in Chapter 2 of the IEMP from the requirement to obtain environmental authorisation.

A Strategic Environmental Assessment has been undertaken for the South African mid-frequency array of the Square Kilometre Array (SKA1_MID) project (Phase 1) in order to identify site environmental sensitivities and to prepare an Integrated Environmental Management Plan (IEMP) for adoption by the Minister as an environmental management instrument. This schedule proposes to adopt the IEMP and exclude all activities associated with the development, as identified in the Environmental Impact Assessment Regulations, 2014, from the requirement to obtain environmental authorisation.

Members of the public are invited to submit to the Minister, within 30 days of publication (i.e. 16 April 2018) of the notice, written comments or inputs to the following addresses:

By post to:  

The Director-General

Department of Environmental Affairs

Attention: Mr A Mocheko

Private Bag X447

PRETORIA

0001

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

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

Any inquiries in connection with the Notice can be directed to 012 399 9315. Comments received after the closing date may not be considered.

 

Affected Parties

General notice.

 

Applicability to Organisations

General notice for public comment.

 

Reference

SA Environmental Suite > Legal Library > N > National Environmental Management Act > Related documents

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Reclamation of Land from Coastal Waters Regulations

Date: 09/03/2018

Government Gazette No.: 41489

Notice No.: 206

The Minister of Environmental Affairs, published a notice to make the Regulations for the Reclamation of Land from Coastal Waters Regulations as set out in the Schedule to the Notice.

 

Affected Parties

Any person intending to undertake reclamation in terms of sections 7B and 7C of the NEMICA, meaning an organ of state that intends to reclaim land for the development of state infrastructure or an application for reclamation for purposes other than the development of state infrastructure if such development is not contrary to the purpose of coastal public property.

 

Applicability to Organisations

 The regulations provide for inter alia:

 Application for Minister’s pre-approval

  • Minimum information and assessment of application for Minister’s pre-approval in terms of section 7B
  • Minimum information and assessment of application for Minister’s pre-approval in terms of section 7C
  • Application for final reclamation decision.

Reference in Digilex

SA Environmental Library > National Legislation > N > National Environmental Management: Integrated Coastal Management Act > Related

 

 

 

Approval of Fees for Application for Registration, Lodging of Appeals and Annual Fees for Registered Candidate Environmental Assessment Practitioners and Registered Environmental Assessment Practitioners in terms of Section 24H of the NEMA and Regulation 9 of the Section 24H Registration Authority Regulations, 2016

Date: 07/03/2018

Government Gazette No.: 41485

Notice No.: 196

The Minister of Environmental Affairs, published a notice approving the levying of fees for application for registration, lodging of appeals and annual fees for registered candidate environmental assessment practitioners and registered environmental assessment practitioners, as set out in the Schedule to the Notice.

 

Affected Parties

Candidate Environmental Assessment Practitioners and Registered Environmental Assessment Practitioners.

 

Applicability to Organisations

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

 

Reference in Digilex

SA Environmental Library > National Legislation > N > National Environmental Management Act > Related

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Reserve determination of Water Resources for the Olifants-Doorn Catchments

Date: 02/03/2018

Government Gazette No.: 41473

Notice No.: 189

 

The Acting Director-General of the Department of Water and Sanitation, has publish the Reserve Determination of water resources for the Olifants-Doorn catchments.

The notice contains amongst other things:

A summary of the quantity component for the Rivers which include the EWR and the BHN in terms of section 16(1) of the NWA for the Olifants-Doorn catchments as per Table 4.1.

A summary of the quality component for the Rivers at EWR sites in terms of section 16(1) of the NWA for the Olifants-Doorn catchments as per Table 5.1 - 5.6.

A summary of the EWR based on the natural flow contribution of the catchments upstream Olifants River Estuary in terms of section 16(1) of the NWA for the Olifants-Doorn catchments as per Table 6.1 – 6.3.

A summary of the groundwater contribution to the Reserve for Water Quantity & Quality in terms of section 16(1) of the NWA for the Olifants-Doorn as per Table 7.1 - 8.3.

 

Affected Parties

All water users conducting relevant activities under section 21 of the NWA that may or could impact the Olifants-Doorn Catchments:

Water Management Area:      Berg-Olifants

Catchment:                             Olifants-Doorn

Drainage Regions:                  E Primary Drainage Region

Rivers:                                    Olifants-Doorn River System

Estuary:                                  Olifants

Catchments excluded:            Entire Berg catchment and parts of Olifants catchment

(i.e. G30 catchment and F60 catchment)

 

 

Applicability to Organisations

 

The objectives for determination of the reserve may relate to -

 

(a)     the Reserve;

 

(b)     the instream flow;

 

(c)     the water level;

 

(d)     the presence and concentration of particular substances in the water;

 

(e)     the characteristics and quality of the water resource and the instream and riparian habitat;

 

(f)     the characteristics and distribution of aquatic biota;

 

(g)     the regulation or prohibition of instream or landbased activities which may affect the quantity of water in or quality of the water resource; and

 

(h)     any other characteristic,

 

of the water resource in question and as such would be applicable to be considered by water users that fall within the relevant catchment area.

 

The Reserve will apply from the date signed off as determined in terms of section 16(1) of the NWA, unless otherwise specified by the Minister.

 

Reference in Digilex

This document is too large to upload onto Digilex. Should you require a copy please send request to support@digilex.co.za

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Consultation on the Generic Environmental Management Programme Applicable to an Application for Overhead Electricity Transmission and Distribution Infrastructure for which an Environmental Authorisation is required

Date: 02/03/2018

Government Gazette No.: 41473

Notice No.: 162

The Minister of Environmental Affairs, publish for public comments, the draft Generic Environmental Management Programme applicable to an application for environmental authorisation for overhead electricity transmission and distribution infrastructure for which an environmental authorisation is required for activity 11 or activity 47 of Environmental Impact Assessment Regulations Listing Notice 1 or for activity 9 of Environmental Impact Assessment Regulations Listing Notice 2, or for any other listed and specified activity necessary for the realisation of such infrastructure, as set out in the Schedule to the notice.

The objective of this generic EMPr is to prescribe and pre-approve generally accepted impact management outcomes and actions which can commonly and repeatedly be used for the avoidance, management and mitigation of impacts and risks associated with the development or expansion for o overhead electricity transmission and distribution infrastructure. The use of a generic EMPr is intended to reduce the need to prepare and review individual EMPrs for applications of a similar nature.

Any person who wishes to submit representations or comments are invited to do so within 45 days from the date of publication of this notice in the Government Gazette (i.e.30 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: Mr Alfred Mocheko

National Department of Environmental Affairs

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

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

Any inquiries in connection with the Notice can be directed to Mr Alfred Mocheko at 012 399 9315.

 

Affected Parties

The scope of this generic EMPr applies to any organisation that wishes to development or expand overhead electricity transmission and distribution infrastructure requiring EA in terms of the NEMA, i.e. with a capacity of 33 kilovolts or more.

 

Applicability to Organisations

 

The document constitutes a generic EMPr relevant to applications for the development or expansion for overhead electricity transmission and distribution infrastructure, and all listed and specified activities necessary for the realisation of such infrastructure.

A person applying for an environmental authorisation for overhead electricity transmission and distribution infrastructure, when such facilities trigger-

  • Activity 11 or 47 of Environmental Impact Assessment Regulations Listing Notice 1 of 2014 and any other listed and specified activities necessary for the realisation of such facilities;
  • Activity 9 of Environmental Impact Assessment Regulations Listing Notice 2 of 2014; or
  • Any other listed or specified activity necessary for the realisation of such facilities,

must use the generic Environmental Management Programme, contemplated in regulations 19(4), 23(4) and Appendix 4 to the Environmental Impact Assessment Regulations, 2014.

 

Reference in Digilex

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

 

 

 

Adoption of the Gauteng Provincial Environmental Management Framework Standard and Exclusion of Associated Activities from the Requirement to obtain an Environmental Authorisation Sections 24 of the NEMA, for the Implementation of the Gauteng Provincial Environmental Management Framework

Date: 02/03/2018

Government Gazette No.: 41473

Notice No.: 164

The Minister of Environmental Affairs, published a notice for the adoption of Gauteng Provincial Environmental Management Framework Standard and exclude associated activities from the requirement to obtain environmental authorisation, in terms of sections 24 of the NEMA as set out In the Schedule to the Notice.

 

Affected Parties

Any person or organisation that wish to undertake an activity within Zone 1 or Zone 5 of the Gauteng Province, as contemplated in Appendix 1.

 

Applicability to Organisations

This Standard is called the GPEMF Standard, 2018 and takes effect 60 days from date of publication in the Gazette.

The provisions of the Standard are applicable to activities excluded from acquiring an environmental authorisation, when undertaken within Zone 1 or Zone 5 of the Gauteng Province, as contemplated in Appendix 1.

The provisions of the Standard are not applicable if-   

(a)        any part of the footprint of an excluded activity extends outside the boundary of Zone 1 or            Zone 5, as contemplated in Appendix 1; or

(b)        such excluded activity is directly related to prospecting, exploration, including primary      processing, of a mineral or petroleum resource.

Where the Standard applies, the proponent must ensure compliance with the environmental management specifications as contemplated in Appendix 2 for an excluded activity.

The provisions of the Standard are not applicable if the development requires environmental authorisation for any activity not excluded in terms of the Standard, in which case environmental authorisation must be obtained for all applicable identified activities.

Compliance with the Standard does not negate the need for the proponent to comply with all other applicable legislation.   

An application for environmental authorisation submitted in terms of the Environmental Impact Assessment Regulations, for an activity falling within the scope of the Standard contemplated in this Notice, which application is pending at the time of the publication of this Standard in the Government Gazette or at the coming into effect of this Standard may be withdrawn at any time prior to a decision being made on such application.

If any part of a facility contemplated in the Schedule hereto, falls outside the scope of the Standard contemplated in this Notice, the requirements of the Environmental Impact Assessment Regulations, promulgated in terms of the NEMA apply.

The provisions of the National Appeal Regulations, 2014 are applicable to an appeal against any decision taken in terms of the Standard contemplated in this Notice.

Transitional provisions are provided for under Chapter 5 of the notice.

The Gauteng Provincial Environmental Management Framework Standard is also available from the Department of Environmental Affairs at https://egis.environment.gov.za and from the Gauteng Department of Agriculture and Rural Development at http://www. gauteng.gov.za/government/ departments/agriculture-and- rural-development/pages/Documents.ascx.

 

Reference in Digilex

SA Environmental Legal Register > 15. Provincial Specific Legislation > 15.5 Gauteng > 15.5.6 Environmental Management Framework Standard and Exclusion of Associated Activities from the Requirement to obtain an Environmental Authorisation

 

 

Consultation on the Generic Environmental Management Programme Relevant to an Application for an Environmental Authorisation for Substation Infrastructure for the Transmission and Distribution of Electricity

Date: 02/03/2018

Government Gazette No.: 41473

Notice No.: 163

The Minister of Environmental Affairs, publish for public comments, the draft Generic Environmental Management Programme relevant to an application for substation infrastructure for the transmission and distribution of electricity, which require an environmental authorisation for activity 11 or 47 of Environmental Impact Assessment Regulations Listing Notice 1 or for activity 9 of Environmental Impact Assessment Regulations Listing Notice 2, or any other listed and specified activity necessary for the realisation of such infrastructure, as set out in the Schedule to the notice.

The objective of this generic EMPr is to prescribe and pre-approve generally accepted impact management outcomes and actions which can commonly and repeatedly be used for the avoidance, management and mitigation of impacts and risks associated with the development and expansion of substation Infrastructure for the transmission and distribution of electricity. The use of a generic EMPr is intended to reduce the need to prepare and review individual EMPrs for applications of a similar nature.

Any person who wishes to submit representations or comments are invited to do so within 45 days from the date of publication of this notice in the Government Gazette (i.e.30 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: Mr Alfred Mocheko

National Department of Environmental Affairs

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

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

Any inquiries in connection with the Notice can be directed to Mr Alfred Mocheko at 012 399 9315.

 

 Affected Parties

The scope of this generic EMPr applies to any organisation that wish to development or expand of substation infrastructure for the transmission and distribution of electricity requiring EA in terms of the NEMA, i.e. with a capacity of 33 kilovolts or more.

 

Applicability to Organisations

This document constitutes a generic EMPr relevant to applications for EA for the development or expansion of substation infrastructure for the transmission and distribution of electricity and all listed and specified activities necessary for the realisation of such infrastructure.

An applicant for an environmental authorisation for substation infrastructure for the transmission and distribution of electricity, when such facilities trigger-    

  • Activity 11 or 47 of Environmental Impact Assessment Regulations Listing Notice 1 of 2014 and any other listed and specified activities necessary for the realisation of such facilities; or
  • Activity 9 of Environmental Impact Assessment Regulations Listing Notice 2 of 2014; or
  • Any other listed or specified activities necessary for the realisation of such facilities;

must use the generic Environmental Management Programme, contemplated in regulations 19(4), 23(4) and Appendix 4 to the Environmental Impact Assessment Regulations, 2014. The draft Generic Environmental Management Programme is set out in Appendix 1 of the Notice.

 

Reference in Digilex

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

 

 

 

KwaZulu Natal

Greater Kokstad Local Municipality

Spatial Planning and Land Use Management By-Law, 2015

Published in Provincial Gazette 1931 of 1 March 2018.

 

Affected Parties

Organisations located within the jurisdiction of the Greater Kokstad Local Municipality

 

Applicability to Organisations

 All municipalities are subject to:

  1. Development principles and norms and standards applicable to spatial planning
  2. National and provincial land development and land use management legislation. 

Municipalities may adopt policies (such as spatial development frameworks) and by-laws to guide land development and land use application. Since the promulgation of the Spatial Planning and Land Use Management Act 16 of 2013, municipalities have adopted spatial planning and land use management by-laws.

These spatial planning and land use management by-laws provide for the regulation and control of activities on and in respect of spatial planning and land use management, and to provide for matters in connection therewith.

The legal obligation for organisations is that applications for land use and development must be lodged with municipality.

 

Reference in Digilex

SA Environmental Suite > Legal Register > 17. Local Municipality > 17.29 Greater Kokstad Local Municipality > 17.29.2 Land Use and Development

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HEALTH AND SAFETY UPDATES

KwaZulu Natal

Ray Nkonyeni Local Municipality

Electrical Supply By-Law 

Published in Provincial Gazette 1935 of 15 March 2018.

 

Affected Parties

Organisations located within the jurisdiction of the Ray Nkonyeni Local Municipality

 

Applicability to Organisations

 

The by-law governs matters relating to, inter alia: 

  • Installation, connection and supply of electricity; and
  • Electrical Contractor requirements.

 

Reference in Digilex

SA H&S Suite Updated > Legal Register > 42. Local Municipality > 42.74 Ray Nkonyeni Local Municipality > 42.74.2 Electrical Installations and Supply

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Invitation for comments on the Draft Railways Safety Bill

Date: 09/03/2018

Government Gazette No.: 41488

Notice No.: 123

The Department of Transport published a notice to call upon all stakeholders and interested parties to submit their comments on the Draft Railway Safety Bill on or before the April 2018.

The Railway Safety Bill is aligned to the Draft White Paper on National Rail Policy and Government objective to move passengers and freight from road-to-rail. Once promulgated and implemented, the Act will ensure improvement in general safety within the railway environment thereby making rail an attractive mode of transport and that will contribute economy of the country.

The objective of the Bill is to provide for, amongst other things:

  • the regulation of railway safety in the Republic;
  • the continued existence of the Railway Safety Regulator;
  • issuing of railway safety permits;
  • railway safety critical grades and safety management systems;
  • a national railway safety information and monitoring system;
  • a legal framework to enforce compliance with the Act and to deal with railway occurrences;
  • transitional arrangements and the repeal of the National Railway Safety Regulator Act, 2002;

Written comments and inputs can be submitted to:

Acting Director General: Department of Transport

Private Bag X193

Pretoria

0001   

Email: shivambr@dot.gov.za    

For further enquiries: Mr Rhulani Shivambu (012) 309 3872

 

Affected Parties

Any organisation currently operating a rail that falls within the scope of and/or are regulated by the National Railway Safety Regulator Act, 2002

 

Applicability to Organisations

General notice for public comment.

 

Reference

SA Health and Safety > Legal Library > N > National Railway Safety Regulator Act > Related documents

SA Health and Safety - Updated > Legal Library > N > National Railway Safety Regulator Act > Related Documents

The Draft Railway Safety Bill can be downloaded from the Department of Transport website: www.transport.gov.za under rail documents.

 

 

 

Adjustment of Levies Paid by Controlled Mines and Works

Date: 09/03/2018

Government Gazette No.: 41491

Notice No.: 209

The Minister of Health, has published ad notice for the adjustment of the levies payable by controlled mines and works to the Compensation Fund as set out in the schedule to the notice.

 

Affected Parties

Mines liable to pay levies to the Compensation Fund in terms of section 62 of the Mines and Works Act (subsequently replaced in part by Mines Health and Safety Act and others).

 

Applicability to Organisations

Said adjustment of levies must be paid.

 

Reference in Digilex

SA Health and Safety Suite Updated > Legal Library > M > Mines Health and Safety Act > Resources

SA Health and Safety Suite > Legal Library > M > Mines Health and Safety Act > Resources