Legal Updates November 2017

Environmental Updates

 

Proposed Regulations pertaining to the Financial Provision for Prospecting, Exploration, Mining or Production Operations

 

Date: 10/11/2017

Government Gazette No.: 41236

Notice No.: 1228

 

The Minister of Environmental Affairs published a notice of her intention to make regulations pertaining to the financial provision for prospecting, exploration, mining or production operations under respective sections of the NEMA as set out in the schedule to the Notice.

 

The purpose of these Regulations is to regulate the determination and making of financial provision as contemplated in the NEMA for the costs associated with the undertaking of management, rehabilitation and remediation of environmental impacts from prospecting, exploration, mining or production operations through the lifespan of such operations and residual environmental impacts that may become known in the future.

 

Members of the public are invited to submit to the Minister, within 30 days (by 10 December 2017), written representations on or objections to the following addresses:

   

By post to:
The Director General: Department of Environmental Affairs
Attention: Ms Chantal Engelbrecht
Private Bag X447
Pretoria
0001

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

By email:
cengelbrecht@environment.gov.za..

   

Affected Parties

These Regulations apply to an applicant, a holder and a holder of a right or permit notwithstanding the applicability of section 52(1) of the MPRDA.

 

Applicability to Organisations

These regulations once passed will repeal the Financial Provisioning Regulations, 2015.

 

Regulations 4 -10 of Chapter 2 set out provisions for Financial Provision for Mines in respect of the scope, method of determining financial provision, availability of provision and general requirements for such provision.

 

Regulations 11 – 13 of Chapter 2 deals with the Review, assessment and adjustment of financial provision by the holder of the mining right or permit; submission of financial plans and reports and responsibilities of such holders.

 

Regulations 14 – 15 of Chapter 2 sets out duties, responsibilities and powers of the Minister regarding financial related matters governed under the regulations.

 

A list of transitional provisions is included under regulation 16 in Chapter 3 of the notice, including actions taken under regulations 53 and 54 of the MPRDA or Financial Provisioning Regulations, 2015.

 

Reference in Digilex

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

 


 

Limiting the use of water in the Caledon-Modder Subsystem

 

Date: 03/11/2017

Government Gazette No.: 41224

Notice No.: 1221

The Acting Director-General of the Department of Water and Sanitation, published a notice to inform the public of restrictions being applied regarding the use of water from the Caledon-Modder Sub-system.

This restriction is due to insufficient rains and infrastructural constraint that is limiting transfer capacity from the Caledon to the Modder sub-system.

 

Affected Parties

All persons abstracting water from the Caledon-Modder Sub-system for Domestic and industrial supply to the Manguang Metropolitan Supply area, including other small towns as well as water used for irrigation purposes in the following areas:

  • Modder River sub-catchment upstream of Maselspoort Dam;
  • Caledon and Little Caledon River Sub-catchment upstream of Weibedacht Dam.

 

Applicability to Organisations

Restrictions apply as follows:

 

  1. 20% restriction on water use for Domestic and Industrial supply to the Mangaung Metropolitan Supply area (including other small towns supplied from Caledon-Modder subsystem), and the towns of Ladybrand within the Mantsopa Municipality and Ficksburg within the Setsoto Municipality as well as Fouriesburg within the Dihlabeng Municipality.
  2. 35% restrictions on the use of water for Irrigation purposes in the Modder River sub-catchment upstream of Maselspoort Dam.
  3. 35% restrictions on the use of water for Irrigation purposes in the Caledon and Little Caledon River sub-catchment upstream of Weibedacht Dam.
  4. 100% restriction on the use of water for Irrigation purposes in the Caiedon and Little Caledon River sub-catchment upstream of Weibedacht Dam when water is released from the Lesotho Highlands Water Project.

   

The limitations apply from the date of this notice until further notice.

 

Reference in Digilex

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

 


 

NOTE: Following our previous notice (dated 2017-10-11) on the List of Waste Management Activities that have or are likely to have a detrimental effect on the Environment

 

Date: 11/10/2017

Government Gazette No.: 41175

Notice No.: 1094

The Minister of Environmental Affairs, made amendments to the List of Waste Management Activities that have or are likely to have a detrimental effect on the Environment.

 

Affected Parties

Any organisation that does Sorting, Shredding, Grinding, Crushing, Screening, Chipping or Bailing of General Waste at a waste facility.

 

Applicability to Organisations

The purpose of the amendment is to make provision for the waste management activity relating to the Sorting, Shredding, Grinding, Crushing, Screening or Bailing of General Waste to be omitted from Category A listed activities and included under Category C, which do not require licensing under section 20 of the NEMWA but must conform to the provisions of the applicable Norms and Standards published.

An organisation that, lawfully conducts the Sorting, Shredding, Grinding, Crushing, Screening, Cutting or Bailing of General Waste on the date of the commencement of the Notice, must register in terms paragraph 4(2) of the National Norms and Standards for the Sorting, Shredding, Grinding, Crushing, Screening, Chipping or Baling of General Waste, 2017, and must comply with the National Norms and Standards for the Sorting, Shredding, Grinding, Crushing, Screening, Chipping or Baling of General Waste, 2017 within 90 days from the date of such registration.

An organisation that applied for a waste management licence for the Sorting, Shredding, Grinding, Crushing, Screening, Chipping or Baling of General Waste prior to this notice and a decision is still pending on the date of the commencement of the notice, must consider such an application withdrawn and such a person must comply with the National Norms and Standards for Sorting, Shredding, Grinding, Crushing, Screening, Chipping or Baling of General Waste, 2017.

 

Also note that waste facilities that have an operational area less than 1000m2 where Sorting, Shredding, Grinding, Crushing, Screening, Chipping or Bailing of General Waste does not have to comply with all of the provisions under the Norms and Standards but must register said facility in accordance with regulation 4(4) of the Norms and Standards.

.

Reference in Digilex

SA Environmental Suite > Legal Register > 4. Waste > 4.2 General Waste Management Obligations > 4.2.3 Licensing of Waste Management Activities > 4.2.3.2 Listed Waste Management Activities

 


 

 Health and Safety Related Updates

 

Guidance Notes to the Pressure Equipment Regulations, 2009 – Revision 2

Date: 17/11/2017

Government Gazette No.: 41256

Notice No.: 1265

 

The Department of Labour published guidance notes to the Pressure Equipment Regulations, 2009.

 

The notes are meant to help and guide users, manufacturers, importers and approved inspection authorities in the application of the Pressure Equipment Regulations.

   

These guidance notes are intended to help, users, manufactures, approved inspection authorities and importers of Pressure Equipment to understand the content as well as to assist with the interpretation and

implementation of the Pressure Equipment Regulations but cannot substitute the Regulations.

 

Affected Parties

Non-mining industries that use pressure equipment in its operations.

 

Applicability to Organisations

The notes must be read with the Pressure Equipment Regulations, 2009.

 

Reference in Digilex

SA Health and Safety Suite Updated > Legal Library > O > Occupational Health and Safety Act > Pressure Equipment Regulations

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

 


 

Diving Regulations – Inclusion of Code of Practice Inshore Diving

 

Date: 10/11/2017

Government Gazette No.: 41237

Notice No.: 1235

 

The Department of Labour published a notice containing a Code of Practice for Inshore Diving to be incorporated under the Diving Regulations.

 

The inshore commercial diving industry, while providing services to inland / inshore industry, can be the subject of various regulations and standards imposed by the Government, Clients who require the diving work being carried out, Insurers of the Diving Contractor and other outside bodies.  This Code of Practice is intended to provide information and guidance on acceptable industry practice for inland and inshore commercial diving work.

 

Affected Parties

The Inshore Code of Practice is intended to assist the following, groups:

   

  • Personnel involved in inshore diving operations
  • Client's staff involved in the preparation of bid documents and contracts
  • Client and contractor representatives
  • Vessel owners and marine crews involved with diving operations
  • Various installations and managers using divers.
  • Personnel involved in quality assurance and occupational health and safety.

 

Applicability to Organisations

The Code is issued in terms of Regulation 24(b) of the Diving Regulations, 2009 and is based on the principles of providing a workplace that is acceptably safe and without undue risks to health.

 

If there is conflict between this Code and the Diving Regulations, the Diving Regulations take precedence.

 

Failure to observe the Code shall render a person liable in any proceedings. When courts interpret and apply the Diving Regulations with respect to the type of diving procedures covered by this code, they should consider this code to be an accepted standard of good practice.

 

Employers, employees and their organisations shall use this Code to develop, implement and refine their diving practices to address the health and safety issues in their own workplaces. The code shall specifically be consulted when preparing operations manuals.

 

The Code is intentionally general, because every person and situation is unique and departures from the guidelines in this code may be justified in appropriate circumstances.

   

The Code is not a substitute for company operation manuals and procedures, although it provides some guidance in aspects that should be covered in those manuals.

 

Reference in Digilex

SA Health and Safety Suite Updated > Legal Library > O > Occupational Health and Safety Act > Diving Regulations

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