NEWSLETTER ENV 2 2023
1 February 2023 – 28 February 2023

REGULATIONS

NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT 10 OF 2004

REGULATIONS PERTAINING TO THREATENED OR PROTECTED TERRESTRIAL SPECIES AND FRESHWATER SPECIES

The Minister of Forestry, Fisheries and the Environment made the abovementioned Regulations.
Published under Government Notice 3009, Government Gazette 47984 of 3 February 2023

NOTICES:

SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013

NOTICE OF THE APPROVED NATIONAL SPATIAL DEVELOPMENT FRAMEWORK IN TERMS OF SECTION 13(5) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013

The Minister of Agriculture Land Reform and Rural gave notice in terms of Section 13(1) of SPLUMA of the approval of the National Spatial Development framework by Cabinet on the 23 March 2022 in terms of section 13(5) of SPLUMA.
Published under General Notice 1581, Government Gazette 47979 of 1 February 2023.

NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT 10 OF 2004

REPEAL OF THE NOTICE AMENDING THE ALIEN AND INVASIVE SPECIES LIST AND LIST OF CRITICALLY ENDANGERED, ENDANGERED, VULNERABLE AND PROTECTED SPECIES, AND AMENDMENT AND COMMENCEMENT OF THE NOTICE PROHIBITING THE CARRYING OUT OF CERTAIN RESTRICTED ACTIVITIES INVOLVING RHINOCEROS HORN, AND THE REGULATIONS PERTAINING TO TRADE IN RHINOCEROS HORN

The Minister of Forestry, Fisheries and the Environment-
• amended the Notice prohibiting the carrying out of certain restricted activities involving Rhinoceros Horn, published under GN R.625, GG 43386 of 3 June 2020;
• amended the Regulations relating to the trade in Rhinoceros Horn, published under GN R. 626, GG 43386 of 3 June 2020;
• repealed the Notice amending the Alien and Invasive Species list and the list of Critically Endangered, Endangered, Vulnerable and Protected Species, published under GN R.627 in GG 43386 of 3 June 2020; and
• further determined that the Notice prohibiting the carrying out of certain restricted activities involving Rhinoceros Horn, published under GN R.625, GG 43386 of 3 June 2020, and the Regulations relating to trade in Rhinoceros Horn, published under GnR.626, GG 43386 of 3 June 2020, come into effect on 1 April 2023.
Published under Government Notice 3013, Government Gazette 47984 of 3 February 2023.

NATIONAL FORESTS ACT 84 OF 1998

RELEASE OF LAND FROM BEING PART OF STATE FOREST LAND

The Minister of Forestry, Fisheries and the Environment gave notice of release of the land listed in the Notice, from being part of State Forest land so that it can be utilised for non-forestry purposes. The parcel of Lowveld plantations and associated indigenous forest areas will now be incorporated into the Blyderivierspoort Nature Reserve. The department of Forestry, Fisheries and the Environment no longer requires the land for forestry purposes.
Published under Government Notice 3016, Government Gazette 47997 of 6 February 2023.

NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1988

EXTENSION OF THE APPOINTMENT OF THE ENIVRONMENTAL ASSESSMENT PRACTITIONERS ASSOCIATION OF SOUTH AFRICA AS THE SINGLE REGISTERATION AUTHORITY IN TERMS OF SECTIN 24H(3) READ WITH 24H(6) OF THE ACT FOR A PERIOD OF TWELVE MONTHS

The Minister of Forestry, Fisheries and the Environment extended the appointment of the Environmental Assessment Practitioners Association of South Africa for a period of twelve months. The Environmental Assessment Practitioners Association of South Africa was appointed as the single registration authority for a period of five years, with effect from 8 February 2018 until 7 February 2023. The appointment was extended until 7 February 2024 to enable the Minister to adequately consider what the most sustainable way forward would be for the long-terms regulation of environmental assessment practitioners.
Published under Government Notice 3017, Government Gazette 47998 of 6 February 2023.

REGULATIONS TO DOMESTICATE THE REQUIREMENTS OF THE ROTTERDAM CONVENTION ON THE PRIOR INFORMED CONSENT PROCEDURE FOR CERTAIN HAZARDOUS CHEMICALS AND PESTICIDES IN INTERNATIONAL TRADE

The Ministry of Forestry, Fisheries and the Environment made the Regulations to domesticate the requirements of the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade.
Published under Government Notice 3072, Government Gazette 48098 of 21 February 2023.

NATIONAL WATER ACT 36 OF 1998

PROPOSAL FOR THE ESTABLISHMENT OF MAKHATHINI LOWER PONGOLA WATER USER ASSOCIATION, KWAZULU NATAL PROVINCE

The Minister of Water and Sanitation declared that the proposed name is the Makhathini Lower Pongola Water User Association (WUA) with the proposed areas set out in the Notice. Interested persons were invited to send their comments in writing on the proposed establishment of the Makhathini Lower Pongola WUA, to the Director-General, Department of water and Sanitation.
Published under Government Notice 3022, Government Gazette 48041 of 10 February 2023.

PROPOSAL FOR THE ESTABLISHMENT OF THE LIMPOPO-OLIFANTS CATCHMENT MANAGEMENT AGENCY THROUGH THE RECONFIGURATION AND REALIGNMENT OF LIMPOPO AND OLIFANTS WATER MANAGEMENT AREA IN TERMS OF THE NATIONAL WATER ACT, 1998

The Minister of Water and Sanitation proposed the Limpopo-Olifants Catchment Management Agency be established. All interested persons were invited to send their comments in writing on the proposed new area within 60 days of publication of the Notice in the Government Gazette.
Published under Government Notice 3029, Government Gazette 48017 of 10 February 2023.

DRAFT NATIONAL WATER RESOURCE INFRASTRUCTURE AGENCY BILL: EXTENSION FOR PERIOD OF INVITATION FOR PUBLIC COMMENT UNTIL 17 MARCH 2023

The Minister of Water and Sanitation published the extension of period for public comment on the draft Bill for the establishment of the National Water Resource Infrastructure Agency until 17 March 2023. until 17 March 2023. The draft Bill relates to the establishment of the National Water Resource Infrastructure Agency, which will be established as a Schedule 2 Public finance Management Act, 1999, Major state-owned entity. The agency envisages undertaking the design planning, financing, development and operation of the national water resource infrastructure. Interested persons and organisations were invited to submit written comments on the NWRIA draft Bill until 17 March 2023.
Published under Government Notice 3030, Government Gazette 48017 of 10 February 2023.

EXTENSION OF THE GAZETTE NOTICE FOR PUBLIC COMMENTS TO EXTEND THE BOUNDARY OF UMGENI WATER TO INCLUDE MHLATHUZE WATER TO FORM A SINGLE WATER BOARD IN KWAZULU-NATAL AND THE TRANSFER OF STAFF, ASSETS AND LIABILITIES TO UMGENI WATER

The Minister of Water and Sanitation published the extension for public comments to extend the boundary of Umgeni Water to include Mhlathuze water to form a single water board in Kwazulu-Natal and the transfer of staff, assets and liabilities to Umgeni water, until 15 March 2023. All interested persons and affected parties were invited to comment in writing on the extension of the boundary of Umgeni Water, to the Director-General, Department of Water and Sanitation. Published under Government Notice 3088, Government Gazette 48144 of 27 February 2023.

Sources

Our sincere gratitude to the following valuable sources:

  • SA Government Online Information Services
  • IOL
  • DMR
  • DWEA
  • DWA
  • Sabinet

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