> Legal Updates May 2018

Legal Updates May 2018

Incorporation of Safety Standards into Lift, Escalator and Passengers Conveyor Regulations, 2010

Date: 11/05/2018

Government Gazette No.: 41622

Notice No.: 484

The Chief Inspector published a notice to amend standards to the schedule in the Lift, Escalator and Passenger Conveyor Regulations, 2010 as incorporated under section 44 of the OHSA the by replacing SANS 50081-1 and SANS 50081-2 with SANS 50081-20 and SANS 50081-50.

Affected Parties

Any organisation that has or makes of a passenger or goods lift on its premise.

Applicability to Organisations

SANS 50081-1 and SANS 50081-2 are hereby repealed and replaced with SANS 50081-20 and SANS 50081-50.

In the interim units sold and installed are expected to comply with either SANS 50081-1 and SANS 50081-2 or SANS 50081-20 and SANS 50081-50.

Units sold after 29 November 2019 will have to comply with requirements of SANS 50081-20 and SANS 50081-50 only.

Reference

Health and Safety Updated Suite > Legal Library > O > Occupational Health and Safety Act > Lifts, Escalators, Passenger Conveyors Regulations

Health and Safety Updated Suite > 25. Lifts, Escalators, Passenger Conveyors and Travelways > 25.1 Lifts in the Workplace

Health and Safety > Legal Library > O > Occupational Health and Safety Act > Related Documents

 

 

Incorporation of Safety Standards into Driven Machinery Regulations, 2015

Date: 11/05/2018

Government Gazette No.: 41622

Notice No.: 483

The Chief Inspector published a notice to amend standards to the schedule in the Driven Machine Regulations as incorporated under section 44 of the OHSA the by removing SANS 2972.

Affected Parties

Any organisation that has or makes of lifting tackle.

Applicability to Organisations

SANS 2972 - Lifting tackle inspection has been removed from the list of standards incorporated under Section 44 first published under GNR 541 on 24 June 2015.

Reference

Health and Safety Updated Suite > Legal Library > O > Occupational Health and Safety Act > Driven Machinery Regulations

Health and Safety Updated Suite > 26. Machine Safety > 26.6 Lifting Equipment Used in the Workplace

Health and Safety > Legal Library > O > Occupational Health and Safety Act > Related Documents

 

 

Invitation to comment on the draft control of Tobacco Products and Electronic Delivery Systems Bill, 2018

Date: 09/05/2018

Government Gazette No.: 41617

Notice No.: 475

The Minister of Health, published the draft Control of Tobacco Products and Electronic Delivery Systems Bill, 2018 for public comment.

The purpose of the Bill is to provide, inter alia, for control over smoking; to regulate the sale and advertising of tobacco products and electronic delivery systems; to prohibit the sale of tobacco products and electronic delivery systems to and by persons under the age of 18 years; to prohibit the free distribution of tobacco products and electronic delivery systems; to prohibit the sale of tobacco products and electronic delivery systems by means of vending machines; and to provide for matters connected therewith.

Interested persons are invited to submit any substantiated comments or representation on the proposed Bill to the Director-General of Health, Private Bag X 828, Pretoria, 0001 (for the attention of Chief Director Health Promotion, Nutrition, Oral Health and Food Control Ms Lynn Moen-Mahlangu or e-mail: lynn.moeng@health.gov.za, within 3 (three) months of publication of this Notice.

Affected Parties

All persons that smoke any tobacco product and/or product using an electronic delivery system (meaning an electronically operated product designed to deliver an aerosol to users by heating a solution of substances that does or does not contain nicotine and any other solution intended for use with or in the product.

Organisations/persons in control of a public place (meaning any place accessible to the public or place for collective use. regardless of the ownership or right to access thereof, and include but not limited to restaurants and hotels) Employers.

Applicability to Organisations

The Bill proposes, inter alia, the following provisions regarding smoking:

General:

No person may smoke in-

  • an enclosed public place, meaning any place accessible to the public or place for collective use. regardless of the ownership or right to access thereof, or in or on a public conveyance means any aircraft, ship, boat, train, bus, mini-bus, taxi or other vehicle which is used for the transport, for profit or otherwise, of members of the public.
  • any enclosed space, meaning any place or space that has a ceiling or a roof or any other cover that functions, whether temporary or permanently, as a ceiling or a roof; or that has a curved wall and that, if the wall is extended at both ends, is in the shape of a circle; if the walls or enclosures are extended, is in the shape of a square: that is not a public place or workplace and that is within a prescribed distance from an operable window of, ventilation inlet of or entrance and exit out of a place where smoking is prohibited.
  • any motor vehicle when a child under the age of 18 years is present and there is more than one person present in that vehicle,
  • enclosed common areas of a multi-units residence;
  • a private dwelling, if that private dwelling is used for any commercial childcare activity, domestic employment or for schooling or tutoring.

Person in control of a public places/ conveying services:

  • The owner of or person in control of a public place, public conveyance, workplace or multi-unit residence may designate the whole or part of any outdoor space as an area where smoking is prohibited.
  • The owner or person in control of a place or an area must display the prescribed signs and must make the prescribed public announcements in order to inform any person who enters or who is on the premises of the prohibition on smoking.

Employer:

An employer must ensure that-

  • employees may object to smoking in the workplace in contravention of this Products Control Act without retaliation of any kind;
  • employees who do not want to be exposed to tobacco smoke at the workplace are not so exposed;
  • it is not a condition of employment, expressly or implied, that any employee is required to work in any portion of the workplace where smoking is permitted by law; and
  • employees are not required to sign any indemnity for working in any portion of the workplace where smoking is permitted by law.

Interested and/or affected parties should submit their comments on or before the end of the comment period.

Reference

Health and Safety Updated Suite > Legal Library > T > Tobacco Products Control Act > Draft

Health and Safety > Legal Library > T > Tobacco Products Control Act > Draft

 

 

Notice of intention to amend the 2012 National Framework for Air Quality Management in the Republic of South Africa

Date: 25/05/2018

Government Gazette No.: 41650

Notice No.: 518

 

The Minister of Environmental Affairs gave notice of her intention amend the 2012 National Framework for Air quality Management in the Republic of South Africa, as set out in the Schedule to Notice.

The purpose of the National Framework is to achieve the objectives of the NEMAQA, and as such the National Framework provides a medium- to long- term plan of the practical implementation of the NEMAQA.

Members of the public are invited to submit to the Minister, within 30 days from the date of publication of this Notice in the Government Gazette, written inputs or comment is to be sent to the following address:   

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

Attention:        Ms Mamogala Musekene

                        Private Bag X447

                        Pretoria ,0001

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

By email:          amunyai@environment.gov.za.

Enquiries:       Elizabeth Masekoameng at 012 399 9202 or Mr Olebogeng Matshediso at 012 399 8216

Affected Parties

General Notice.

Applicability to Organisations

The Framework provides mechanisms, systems and procedures to promote holistic and integrated air quality management through pollution prevention and minimisation at source, and through impact management with respect to the receiving environment from local scale to international issues. The National Framework provides norms and standards for all technical aspects of air quality management, such as:

  • the control of emissions from point and non-point sources;
  • air quality monitoring;
  • air quality management planning;
  • air quality information management

As such it is prudent for organisations to align their own air quality management strategies, where possible, in accordance with the National Framework.

Reference

Environmental Suite > Legal Library > N > National Environmental Management Air Quality Act > Draft

 

 

 

Notice of Intention to amend the List of Activities which result in Atmospheric Emission which have or may have a significant detrimental effect on the Environment, including Health, Social Conditions, Economic Conditions, Ecological Conditions or Cultural Heritage

 

Date: 25/05/2018

Government Gazette No.: 41650

Notice No.: 516

The Minister of Environmental Affairs gave notice of her intention to amend the list of activities which result in atmospheric emissions which have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or culture; homage, set out in the Schedule to the Notice.

Members of the public are invited to submit to the Minister, within 30 days from the date of publication of this Notice in the Government Gazette, written inputs or comment is to be sent to the following address:   

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

Attention:        Ms Mamogala Musekene

                        Private Bag X447

                        Pretoria ,0001

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

By email:          omatshediso@environment.gov.za

Enquiries:       Elizabeth Masekoameng at 012 399 9202 or Mr Olebogeng Matshediso at 012 399 8216

Affected Parties

Any organisation that conducts any activity that may require an Atmospheric Emissions Licence in terms of section 21 of the NEMAQA.

Applicability to Organisations

The following amendments are proposed in the notice:

  • Postponement or Suspension of compliance time frames;
  • Subcategory 2.4: Storage and Handling of Petroleum Products;
  • Subcategory 5.4: Cement Production
  • Subcategory 9.2: Chemical Recovery Furnaces;
  • Subcategory 9.5: Wood Drying and the Production of Manufactured Wood Products
  • Annexure A - Methods for Sampling and Analysis

Reference

Environmental Suite > Legal Library > N > National Environmental Management Air Quality Act > Draft

 

 

 

Notice of Draft National Dust Control Regulations, 2018        

Date: 25/05/2018

Government Gazette No.: 41650

Notice No.: 517

The Minister of Environmental Affairs gave notice of her intention to repeal and replace the National Dust Control Regulations, 2013, with the regulations to the Schedule to the Notice.

Members of the public are invited to submit to the Minister, within 30 days from the date of publication of this Notice in the Government Gazette, written inputs or comment is to be sent to the following address:   

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

Attention:        Ms Mamogala Musekene

                        Private Bag X447

                        Pretoria ,0001

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

By email:          omatshediso@environment.gov.za

Enquiries:       Elizabeth Masekoameng at 012 399 9202 or Mr Olebogeng Matshediso at 012 399 8216

Affected Parties

Any organisation that conducts any activity that may cause dust emissions that will exceed the limits set out in the proposed National Dust Control Regulations.

Applicability to Organisations

The limits have not been adjusted, however a number of other amendments have been made in the proposed regulations. These amendments include, but are not limited to:

  • Provision that where exceedances in dustfall rate is due to naturally occurring, non-anthropogenic source and extreme weather or geological event, such exceedances will be exempted.
  • Some changes have been made to persons who are required to implement a dustfall monitoring programme (i.e. persons who conducts a mining operation and/or engage in a listed activity requiring licensing under section 21 of the NEMAQA).
  • Provisions regarding the implementation of a dust management plan.

Reference

Environmental Suite > Legal Library > N > National Environmental Management Air Quality Act > Draft

 

 

 

Amendment to the National Pollution Prevention Plans Regulations, 2017    

Date: 22/05/2018

Government Gazette No.: 41642

Notice No.: 513

The Minister of Environmental Affairs published a notice to amend the National Pollution Prevention Plans Regulations, 2017, as set out in the Schedule to Notice.

Affected Parties

Persons required to submit a first pollution prevention plan (I.e. A person or company conducting any of the production processes listed out below, which involves emission of greenhouse gases in excess of 0.1 Megatonnes (Mt) annually, reported as carbon dioxide equivalents (CO2-eq), and/or if so directed by the Minister.

  • Coal mining;
  • Production and/or refining of crude oil;
  • Production and/or processing of natural gas;
  • Production of liquid fuels from coal or gas;
  • Cement production
  • Glass production;
  • Ammonia production;
  • Nitric acid production;
  • Carbon black production;
  • Iron and steel production;
  • Ferro-alloys production;
  • Aluminium production, excluding foundries;
  • Polymers production;
  • Pulp and paper production;
  • Electricity production from fossil fuels; excluding the use of back-up generators.)

Applicability to Organisations

Prevention pollution plans must be submitted on or before 21 June 2018.

Reference

Environmental Suite > Legal Register > 1. Air Quality Management > 1.1 Ambient Air Quality and Management of Greenhouse Gases > 1.1.3 > Greenhouse Gases > 1.1.3.3 Pollution Prevention Plans

 

 

 

Consultation on the Proposed Industry Waste Tyre Management Plans

 

Date: 07/05/2018

Government Gazette No.: 41612

Notice No.: 472

The Minister of Environmental Affairs gave notice of my intention to consider four Industry Waste Tyre Management Plans received, namely:

  • TWAMISA Tyre Waste Abatement & Minimisation Initiative of South Africa;
  • Evergreen Energy (Pty) Ltd;
  • JPC Energy Systems;
  • SATRUCO South African Tyre Reuse Company.

The Industry Waste Tyre Management Plans were received for consideration in response to Government Notice No. 1148, published on 30 October 2017, which called upon the tyre industry to prepare and submit an industry waste tyre management plan for approval.

Members of the public are invited to submit to the Minister, within 30 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 Mamogala Musekene

                        Private Bag X447

                        Pretoria ,0001

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

By email:          MJMusekene@environment.gov.za.

Enquiries:       (012) 399 9407

Copies of the four Industry Waste Tyre Management Plans can be obtained from Mr Anben Pillay, Tel (012) 399-9827 at the following address: Environment House, 473 Steve Biko Street, Arcadia, Pretoria, or downloaded at the following website: http://sawic.environment.gov.za/?menu=348.

Comments provided on the Industry Waste Tyre Management Plans must be guided by the content in the Schedule hereto.

Affected Parties

All tyre producers meaning any person or institution engaged in the commercial manufacture or import of tyres and retreadable casings, and the import of vehicles fitted with tyres for distribution in South Africa;

Any person, category of persons or industry that has selected to prepare and submit an industry waste tyre management plan.

Applicability to Organisations

Waste Industry Tyre Management Plans should be considered by tyre producers, and comments given in the interest of managing used tyres going forward.

Public Hearings will be held on the following dates:   

  • KwaZulu-Natal-18 May 2018
  • Gauteng - 21 May 2018
  • Western Cape - 23 May 2018
  • Free State - 24 May 2018
  • North West - 30 May 2018
  • Limpopo - 31 May 2018
  • Eastern Cape - 4 June 2018

The venues and the time of the Public Hearings will be communicated on the following website address: http://sawic.environment.gov.za/?menu=348

Reference

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