REGULATIONS

National Environmental Management Act 107 of 1998

AMENDMENT OF SECTION 24H REGISTRATION AUTHORITY REGULATIONS, 2016

The Minister of Forestry, Fisheries and the Environment amended the Section 245 H Registration Authority Regulations, 2016. Published under Government Notice 2320, Government Gazette 47113 of 29 July 2022.

Animal Diseases Act 35 of 1984

AMENDMENT OF THE ANIMAL DISEASES REGULATIONS

The Minister of Agriculture, Land Reform and Rural Development amended the Regulations under the Animal Diseases Act 35 of 1984, by amending the following:
• Definitions;
• Table 1 regarding controlled areas relating to particular controlled animal diseases;
• Table 2 regarding control measures relating to controlled animal diseases
Published under Government Notice 2318, Government Gazette 47133 of 29 July 2022.

Plant Improvement Act 53 of 1976

REGULATIONS RELATING TO ESTABLISHMENTS, VARIETIES, PLANTS AND PROPAGATING MATERIAL: AMENDMENT OF TABLE 8

The Minister of Agriculture, Land Reform and Rural Development amended the Regulations which was published under GN R. 1064 of 23 May 1980. Published under Government Notice R. 2411, Government gazette 46789 of 26 August 2022.

NOTICES:

National Environmental Management: Waste Act 59 of 2008

NOTICE OF EXTENSION OF REPORTING PERIOD BY IDENTIFIED PRODUCER RESPONSIBILITY ORGANISATIONS AND PRODUCERS TO THE EXTENDED PRODUCER RESPONSIBILITY ONLINE SYSTEM UNTIL 31 AUGUST 2022

The Minister of Forestry, Fisheries and the Environment, published the Extended Producer Responsibility Regulations, 2020 and Notices regarding the establishment and implementation of extended producer responsibility schemes for the electrical and electronic equipment sector, the lighting sector and the paper, packaging and some single-use products on 5 November 2020 under Notice 1184, GG 43879.
The implementation of the EPR schemes was deferred for a period of 6 months to 5 May 2021 in order to enable the affected sectors some time to prepare for implementation. From 5 May to 5 November 2021, the registration of the producers and producer responsibility organisations took place.
Regulation 8 of the Extended Producer Regulations, 2020 requires Producer Responsibility Organisations and Producers that implement their own Extended Producer Responsibility schemes to submit their interim performance reports on or before 31 July 2022.
The online system experienced technical challenges and delays which have since been resolved. The online report system went live on Wednesday, 20 July 2022. The reporting period in terms of Regulations 8 of the Extended Producer Regulations, 2020 was extended until 31 August 2022. The EPR online reports can be uploaded on http://sawic.environment.gov.za/EPR. Published under Government Notice 2328, Government Gazette 47134 of 29 July 2022.

National Environmental Management Act 107 of 1998

ADOPTION OF THE STANDARD FOR THE DEVELOPMENT AND EXPANSION OF POWER LINES AND SUBSTATIONS WITHIN IDENTIFIED GEOGRAPHICAL AREAS AND THE EXCLUSION OF THIS INFRASTRUCTURE FROM THE REQUIREMENT TO OBTAIN AN ENVIRONMENTAL AUTHORISATION

The Minister of Forestry, Fisheries and the Environment adopted the Standard for the Development and Expansion of Power Lines and Substations within Identified Geographical Areas, Revision 2, June 2022, and based on compliance with this Standard, excluded the activities set out in the said notice, including listed or specified activities necessary for the realisation of the development or expansion of power line and substation infrastructure, from the requirement to obtain environmental authorisation. Published under Government Notice 2313, Government Gazette 47095 of 27 July 2022.

CONSULTATION ON THE DRAFT NATIONAL REGULATIONS FOR THE MANAGEMENT OF MERCURY IN SOUTH AFRICA

The Minister of Forestry, Fisheries and the Environment intends to publish the draft Regulations for the Management of Mercury in South Africa. The draft Regulations are intended to domesticate the Minamata Convention on Mercury, of which South Africa is a party and ratified in 2019. The objectives of the draft Regulations are in line with the objectives of the Convention. The purpose of the draft Regulations is to eliminate the anthropogenic emissions and releases of mercury, to limit processes emitting and releasing mercury into the environment, to phase out mercury added products, to phase down dental amalgam and to regulate mercury storage facilities and trade. Members of the public were invited to submit, within thirty days of publication of the Notice in the Government Gazette written representations or objections to the proposed draft Regulations to tsebego@dffe.gov.za. Published under Government Notice 2244, Government Gazette 46654 of 6 July 2022.

CONSULTATION ON THE NOTICE OF INTENTION TO REPEAL AND REPLACE 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

The Minister of Forestry, Fisheries and the Environment intends to repeal and replace 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 2239, Government Gazette 46665 of 5 July 2022.

CONSULTATION ON THE INTENTION TO PRESCRIBE MINIMUM REQUIREMENTS FOR THE SUBMISSION OF APPLICATIONS FOR AN AUTHORISATION, RIGHT, PERMIT OR LICENCE FOR THE ONSHORE EXPLORATION OF OIL AND GAS INTENDING TO UTILISE HYDRAULIC FRACTURING

The Minister of Forestry, Fisheries and the Environment intends to prescribe the Minimum requirements for the submission of applications for an Authorisation, Right, Permit or Licence for the Onshore Exploration of Oil and Gas intending to utilise Hydraulic Fracturing, Revision 0 May 2022. Members of the public were invited to submit written comments or inputs, within 45 days after the publication of this Notice in the Government Gazette, to dfischer@dffe.gov.za. Published under Government Notice 2265, Government Gazette 46688 of 8 July 2022.

PROPOSED REGULATIONS PERTAINING TO THE EXPLORATION AND PRODUCTION OF ONSHORE OIL AND GAS REQUIRING HYDRAULIC FRACTURING

The Minister of Forestry, Fisheries and the environment intends to make regulations pertaining to the exploration and production of onshore oil and gas requiring hydraulic fracturing. Members of the public were invited to submit written comments within 45 days after the publication of the Notice in the Government Gazette, to dfischer@dffe.gov.za. Published under Government Notice 2273, Government Gazette 47112 of 11 July 2012.

CONSULTATION ON THE INTENTION TO AMEND THE PROCEDURES FOR THE ASSESSMENT AND MINIMUM CRITERIA FOR REPORTING ON IDENTIFIED ENVIRONMENTAL THEMES IN TERMS OF SECTIONS 24(5)(a) AND (h) AND 44 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, WHEN APPLYING FOR ENVIRONMENTAL AUTHORISATION

The Minister of Forestry, Fisheries and the Environment intends to amend the protocol for the specialist assessment and minimum report content requirements for environmental impacts on terrestrial animal species, published under Gov. N 1150, GG 43855 of 30 October 2020, by removing the reference to “terrestrial” where it occurs in the protocol. This amendment would allow the protocol to apply to freshwater and terrestrial animal species. Members of the public were invited to submit written comments within 30 days after the publication of the Notice in the Government Gazette, to dfischer@dffe.gov.za. Published under Government Notice 2274, Government Gazette 47112 of 11 July 2022.

PROPOSED REGULATIONS PERTAINING TO FINANCIAL PROVISIONING FOR THE MITIGATION AND REHABILITATION OF ENVIRONMENTAL DAMAGE CAUSED BY RECONNAISSANCE, PROSPECTING, EXPLORATION, MINING OR PRODUCTION OPERATIONS

The Minister of Forestry, Fisheries and the Environment intents to repeal the Financial Provisioning Regulations, 2015, which was published under Gov. N 1147, GG 39428 of 20 November 2015 and to make Regulations pertaining to the financial provisioning for reconnaissance, prospecting, exploration, mining or production operations under sections 44(1)(Ae), (aF), (aG), (aH) read with sections 24(5)(b)(d), 24N, 24P and 24R of the National Environmental Management Act, 1998. Members of the public were invited to submit written comments within 45 days from the date of the publication of the Notice in the Government Gazette, to dfischer@environment.gov.za . Published under Government Notice 2272, Government Gazette 47112 of 11 July 2022.

ESTABLISHMENT OF THE NATIONAL ENVIRONMENTAL CONSULTATIVE AND ADVISORY FORUM IN TERMS OF SECTION 3A OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, TO ADVISE THE MINISTER DON MATTERS ARISING FROM APPLICATIONS FOR THE SUSPENSION AND POSTPONEMENT OF COMPLIANCE WITH MINIMUM EMISSION STANDARDS AND ISSUANCE OF PROVISIONAL ATMOSPHERIC EMISSION LICENSES

The Minister of Forestry, Fisheries and the Environment established the National Environmental Consultative and Advisory Forum under section 3A of the Act. Published under Government Notice 2394, Government Gazette 46746 of 18 August 2022.

Draft White Paper on the Conservation and Sustainable use of South Africa’s Biodiversity

CONSULTATION ON THE DRAFT WHITE PAPER ON CONSERVATION AND SUSTAINABLE USE OF SOUTH AFRICA’S BIODIVERSITY, 2022

The Minister of Forestry, Fisheries and the Environment published the draft White Paper on the Conservation and Sustainable use of South Africa’s Biodiversity, 2022, for public comment. Members of the public were invited to submit, within 60 days from the date of the publication of the notice in the Gazette or in the newspaper, whichever date is the last date, written comments to the draft White Paper on the Conservation and Sustainable use of South Africa’s Biodiversity, 2022, to whitepaper@dffe.gov.za. Published under Government Notice 2252, Government Gazette 46687 of 8 July 2022.

National Environmental Management: Integrated Coastal Management Act 24 of 2008

GENERAL DISCHARGE AUTHORISATION IN TERMS OF SECTION 69(2)

The Minister of Forestry, Fisheries and the Environment published a General Discharge Authorisation in terms of section 69(2) of the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008), under Government Notice 2290, Government Gazette 2290 of 15 July 2022.

Draft 8th National Greenhouse Gas Inventory Report for the Republic of South Africa

CONSULTATION ON THE DRAFT 8th NATIONAL GREENHOUSE GAS INVENTORY REPORT FOR THE REPUBLIC OF SOUTH AFRICA

The Minister of Forestry, Fisheries and the Environment published the draft 8th National Greenhouse Gas Inventory Report, for public comment. eto. The National Greenhouse Gas Inventory Report will eventually form part of the Fifth Biennial Update Report to the United Nations Framework Convention on Climate Change (UNFCCC). South Africa is required by the UNFCCC to provide in its national inventory, on gas-by-gas basis, and its units’ mass, estimates of anthropogenic emissions of carbon dioxide (CO2), methane (CH4) and nitrous oxide (N2O), by sources and removals by sinks. An accurate, complete and updated greenhouse gas emissions inventory is a good foundation for effective mitigation responses. Members of the public were invited to submit to the Minister, within 30 days from the date of the publication of the Notice in the Government Gazette, written inputs or comments to GHGreporting@environment.gov.za. Published under Government Notice 2321, Government Gazette 47133 of 29 July 2022.

National Water Act 36 of 1998

REVIEW OF THE NATIONAL WATER RESOURCES STRATEGY

The Minister of Water and Sanitation published the draft National Water Resources Strategy for public comment. People were invited to submit written representations or comments on the revised National Water Resources Strategy within 90 days of publication of the Notice in the Government Gazette, to MofokengM2@dws.gov.za. Published under Government Notice 2327, Government Gazette 47133 of 29 July 2022.

REVISION OF THE NATIONAL PRICING STRATEGY FOR WATER USE CHARGES OF SECTION 56(1) OF THE NATIONAL WATER ACT, 1998

The Minister of Water and Sanitation published the revision of the National Pricing Strategy for Water Use Charges, for public comments and consultation with interested and affected parties. Members of the public were invited to submit written comments on the proposed notice to the Minister of Water and Sanitation within ninety (90) days of publication of the notice in the Government Gazette, to mishidis@dws.gov.za. Published under Government Notice 2350, Government Gazette 47197of 5 August 2022.

National Environmental Management: Biodiversity Act 10 of 2004

PUBLICATION OF THE REVISED NATIONAL BIODIVERSITY FRAMEWORK 2019 – 2024 FOR IMPLEMENTATION

The Minister of Forestry, Fisheries and the Environment published the revised National Biodiversity Framework in terms of section 38 of the National Environmental Management: Biodiversity Act, 2004, for implementation. Published under Government Notice 2423, Government Gazette 46798 of 26 August 2022.

National Environmental Management: Air Quality Act 39 of 2004

CONSULTATION ON PROPOSED REGULATIONS FOR IMPLEMENTING AND ENFORCING PRIORITY AREA AIR QUALITY MANAGEMENT PLANS

The Minister of Forestry, Fisheries and the Environment consulted on the proposed Regulations for implementing and enforcing priority area air quality management plans. Published under Government Notice R. 2353, Government Gazette 47199 of 5 August 2022.

BY-LAWS:

Rand West City Local Municipality – Integrated Waste Management By-Laws were published under LAN 1148, PG 263 of 6 July 2022