NEWSLETTER ENV 8 2022
1 October 2022 – 15 December 2022

NOTICES

WATER SERVICES ACT 108 OF 1997

INTENTION TO EXTEND THE SERVICE AREA OF OVERBERG WATER TO COVER THE ENTIRE WESTERN CAPE PROVINCE

The Mister of Water and Sanitation intends to extend the geographic area of Overberg Water to cover the entire Western Cape Province. Interested persons were invited to comment in writing on the extension of the service area of Overberg Water, within 60 days from the date of publication of the notice in the Government Gazette. Published under Government Notice 2672, Government Gazette 47441 of 3 November 2022.

INTENTION TO EXTEND THE SERVICE AREA OF AMATOLA WATER TO COVER THE ENTIRE EASTERN CAPE PROVINCE

The Mister of Water and Sanitation intends to extend the geographic area of Amatola Water to cover the entire Eastern Cape Province. Interested persons were invited to comment in writing on the extension of the service area of Amatola Water, within 60 days from the date of publication of the notice in the Government Gazette. Published under Government Notice 2738, Government Gazette 47511 of 14 November 2022.

DRAFT WATER AND SANITATION SERVICES POLICY ON PRIVATELY OWNED LAND, 2022

The draft Water and Sanitation Services Policy on privately owned land was published under Government Notice 2761, Government Gazette 47555 of 22 November 2022.

INTENTION TO EXTEND THE SERVICE AREA OF RAND WATER TO PROVIDE BULK WATER SERVICES TO THE ENTIRE MPUMALANGA PROVINCE

The Mister of Water and Sanitation intends to extend the service area of Rand to provide bulk water services to the entire Mpumalanga Province. Water to cover the entire Eastern Cape Province. Interested persons were invited to comment in writing on the extension of the service area of Rand Water, within 60 days from the date of publication of the notice in the Government Gazette. Published under Government Notice 2798, Government Gazette 47579 of 28 November 2022.

INTENTION TO CHANGE THE NAME OF BLOEM WATER TO THE PROPOSED CENTRAL WATER BOARD OR Z.R. MAHABANE CENTRAL WATER BOARD

The Minister of Water and Sanitation intends to change the name of Bloem Water to Central Water Board or Z.R Mahabane Central Water Board so that the former Sedibeng Water’s service area in the Northern Cape is incorporated. Interested and affected persons were invited to comment in writing on the name change within sixty days from the date of publication of the Notice in the Government Gazette. Published under Government Notice 2797, Government Gazette 47578 of 28 November 2022.

NATIONAL WATER ACT 36 OF 1998

RESERVE DETERMINATION FOR WATER RESOURCES OF THE MZIMVUBU CATCHMENT

The Minister of Water and Sanitation published the Reserve determination for water resources of the Mzimvubu catchment under Government Notice 2751, Government Gazette 47526 of 18 November 2022.

ESTABLISHMENT OF THE VAAL ORANGE CATCHMENT MANAGEMENT AGENCY THROUGH EXTENSION OF THE BOUNDARIES AND AREA OPERATIONAL OF THE VAAL RIVER CATCHMENT MANAGEMENT AGENCY TO INCLUDE ORANGE WATER MANAGEMENT AREA IN TERMS OF SECTION 78(4) OF THE NATIONAL WATER ACT 36 of 1998

The Minister of Water and Sanitation declared that the Vaal-Orange Catchment Management Agency (CMA) is established through the extension of the boundaries and operational area of the Vaal River CMA to include the Orange Water Management Area. The CMA shall be named Vaal-Orange Catchment Management Agency. The area of operation of the Vaal Orange CMA includes the previous Orange Water Management Area and Vaal Water Management Areas as pronounced in the National Water Resource Strategy. The Water Management Areas fall within the Gauteng, Free State and Northern Cape province regions. Published under Government Notice 2792, Government Gazette 47559 of 25 November 2022.

ESTABLISHMENT OF THE BREEDE-OLIFANTS CATCHMENT MANAGEMENT AGENCY THROUGH EXTENDING THE BOUNDARY AND AREA OF OPERATION OF THE BREEDE-GOURITZ CATCHMENT MANAGEMENT AGENCY IN WESTERN CAPE PROVINCE

The Minister of Water and Sanitation declared that the Breede-Olifants Catchment Management Agency (CMA) is established through the extension of the boundaries and operational area of the Breede-Gouritz CMA. The CMA shall be named Breede-Olifants Catchment Management Agency. The area of operation of the Breede-Olifants CMA includes the previous Breede-Gouritz and Berg-Olifants Water Management Areas as pronounced in the National Water Resource Strategy second edition 2013. The Water Management Areas fall largely in the Western Cape Province, with the North-Eastern section failing within the Northern Cape province. Published under Government Notice 2795, Government Gazette 47559 of 25 November 2022.

DISESTABLISHMENT OF THE OLIFANTS-DOORN CATCHMENT MANAGEMENT AGENCY ESTABLISHED UNDER GOVERNMENT GAZETTE NOTICE NO 29205 IN SEPTEMBER 2006 IN WESTERN PROVINCE

The Minister of Water and Sanitation declared that the Olifants-Doorn Catchment Management Agency (CMA) is disestablished as a result of the combination of Breede-Gouriz and Berg-Olifants WMAs into one Water Management Area in mostly the Western Cape Province to align to the envisaged reduced number of WMAs from nine to six to move towards the institutional reconfiguration as outlined in the National Water and Sanitation Master plan. All interested persons were invited to comment in writing on the disestablishment of Olifants-Doorn CMA which is available for comment for a period of 60 days. Published under Government Notice 2794, Government Gazette 47559 of 25 November 2022.

NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998

AMENDMENT OF THE ENABLING PROVISION UNDER WHICH THE REGULATIONS LAYING DOWN THE PROCEDURE TO BE FOLLOWED FOR THE ADOPTION OF SPATIAL TOOLS OR ENVIRONMENTAL MANAGEMENT INSTRUMENTS HAS BEEN MADE

The Minister of Forestry, Fisheries and the Environment amended the enabling provision for the regulations laying down the procedure to be followed for the adoption of spatial tools or environmental management instruments, as published under GN 542, GG 42380 of 5 April 2019, by substitution for section 24(5)(Bb) of section 24(5)(Ba) of the National Environmental Management Act, 1998. The reason for the amendment is that section 24(5)(bB) of the Act will be repealed by the National Environmental Management Laws Amendment Act, 2002 when the Act comes into operation. Section 24(5)(bA) provides that the Minister or an MEC with the concurrence of the Minister may make regulations consistent with section 24(4), laying down the procedure to be following for the preparation, evaluation, adoption and review of prescribed environmental management instruments and is therefore an appropriate enabling provision. Section 24(5)(bB) is a duplication of section 24(5)(bA) and therefore will be repealed. Published under Government Notice 2688, Government Gazette 47377 of 28 October 2022.

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 ACT, 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 plant species, published under GN 1150, GG 43855 on 30 October 2020, by removing the reference to “terrestrial” where it occurs in the protocol. This amendment would allow the protocol to apply to aquatic and terrestrial plant species. Published under Government Notice 2717, Government Gazette 47448 of 4 November 2022.

AMENDMENT OF THE IDENTIFICATION IN TERMS OF SECTION 24(5)(a) AND (b) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, OF THE PROCEDURE TO BE FOLLOWED IN APPLYING FOR ENVIRONMENTAL AUTHORISATION FOR LARGE SCALE ELECTRICITY TRANSMISSION AND DISTRIBUTION DEVELOPMENT ACTIVITIES IDENTIFIED IN TERMS OF SECTION 24(2)(a) OF THE ACT, WHEN OCCURRING IN GEOGRAPHICAL AREAS OF STRATEGIC IMPORTANCE

The Minister of Forestry, Fisheries and the environment amended the procedures which were published under GN 113, GG41445 of 16 February 2018. Published under Government Notice 2716, GG 47448of 4 November 2022.

PROTOCOL FOR THE SPECIALIST ASSESSMENT AND MINIMUM REPORT CONTENT REQUIREMENTS FOR ENVIRONMENTAL IMPACTS ON CAPE VULTURES BY ONSHORE WIND ENERGY GENERATION FACILITIES

The protocol provides the criteria for the specialist assessment and minimum report content requirements for determining impacts on Cape Vultures associated with the development of onshore wind energy generation facilities, which require environmental authorisation. This protocol must be read with either the avifaunal or animal species protocol, whichever is applicable to the specific application under consideration. The assessment and reporting requirements of this protocol are associated with a collision risk potential identified by the national web based environmental screening tool (screening tool) for Cape Vultures. The relevant data in the screening tool has been provided by the FitzPatrick Institute of African Ornithology of the University of Cape Town. The protocol applies within and outside of the Renewable Energy Development Zones (REDZs). Published under Government Notice 2718, Government Gazette 47448 of 4 November 2022

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

The Minister of Forestry, Fisheries and the Environment intends to prescribe the protocol for assessment and minimum report content requirements for determining impacts on Cape Vultures associated with the development of onshore wind energy generation facilities, which require environmental authorisation. This protocol must be read with either the avifaunal or animal species protocol, whichever is applicable to the specific application under consideration. Members of the public were invited to submit written comments or inputs within 30 days from the date of the publication of the Notice in the Gazette, to dfischer@dffe.gov.za. Published under Government Notice 2734, Government Gazette 47489 of 11 November 2022.

CONSULTATION ON THE INTENTION TO EXTEND THE APPOINTMENT OF THE ENVIR0NMENTAL ASSESSMENT PRACTITIONERS ASSOCIATION OF SOUTH AFRICA AS THE SINGLE REGISTRATION AUTHORITY IN TERMS OF SECTION 24(H)(3) READ WITH 24(H)(6) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, FOR A PERIOD OF 12 MONTHS

The Minister of forestry, Fisheries and the Environment intends to extend the appointment of the Environmental Assessment Practitioners Association of South Africa for a period of 12 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 intention is to extend the appointment until 7 February 2024. Members of the public were invited to submit written comments within 40 days after publication of the Notice in the Government Gazette, to agabriel@dffe.gov.za. Published under Government Notice 2830, Government Gazette 47636 of 2 December 2022.

THE NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT 59 OF 2008

CONSULTATION ON THE DRAFT SECTION 29 INDUSTRY WASTE MANAGEMENT PLAN FOR TYRES

The Minister of Forestry, Fisheries and the Environment intends to consider the approval of the draft Industry Waste Management Plan for tyres, which was prepared by the Council for Scientific and Industrial Research. Members of the public were invited to submit within 60 days of publication of the Notice in the Government Gazette, written comments to dbuthelezi@dffe.gov.za. Published under Government Notice 2852, Government Gazette 47670 of 7 December 2022.

EXTENSION OF THE SUSPENSION NOTICE ON THE IMPLEMENTATION OF THE REGULATIONS TO DOMESTICATE THE REQUIREMENTS OF THE ROTTERDAM CONVENTION ON THE PRIOR INFORMED CONSENT PROCEDURE FOR CERTAIN HAZARDOUS CHEMICALS AND PESTICIDES IN INTERNAL TRADE, BY A FURTHER 120 DAYS

The Minister of Forestry, Fisheries, and Environment further suspended the commencement of 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, as set out in GN R.1513, GG 45502 of 18 November 2021, for a further 120 days from the date of publication of this Notice in the Government Gazette. The Regulations apply to importers and exporters of the chemicals listed in Annex III of the Rotterdam Convention to pesticides and industrial chemicals controlled under South African legislation. Published under Government Notice 2757, Government Gazette 47535 of 18 November 2022.

NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT 10 OF 2004

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

The Minister of Forestry, Fisheries and the environment published the revised draft White Paper on Conservation and Sustainable use of South Africa’s Biodiversity, 2022. Published under Government Notice 2689, Government Gazette 47378 of 28 October 2022.

THE REVISED NATIONAL LIST OF ECOSYSTEMS THAT ARE THREATENED AND IN NEED OF PROTECTION

The Minister of Forestry, Fisheries and the Environment published the Revised National list of Ecosystems that are Threatened or in need of Protection. The primary implication of the aforementioned list is that it is linked to Listing Notice 3, published under the National Environmental Management Act, 1998. Some of the activities in Listing Notice 3 require environmental authorisation when they are carried out in a threatened ecosystem as identified in the list. The List of Ecosystems has also been used throughout South Africa as a decision-making support tool, especially in environmental authorisation application processes and to inform bioregional planning. Published under Government Gazette 2474 of 18 November 2022.

CONSULTATION ON THE DRAFT MULTI-SPECIES BIODIVERSITY MANAGEMENT PLAN FOR VULTURES IN SOUTH AFRICA

The Minister of Forestry, Fisheries and the Environment published the draft Multi-Species Biodiversity Management Plan (BMP) for Vultures in South Africa. Members of the public were invited to submit written comments on the Draft BMP within 30 days from the date of publication of the notice in the Gazette or in the newspaper, whichever date is the last date. Published under Government Notice 2817, Government Gazette 47632 of 2 December 2022.

INCLUSION OF SEVENTEEN SUCCULENT PLANT SPECIES AND ONE SUCCULENT PLANT GENUS IN APPENDIX III OF THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

THE Minister of Forestry, Fisheries and the Environment informed the public of the submission of a notice for the inclusion or listing of seventeen succulent plant species and one succulent plant genus in Appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) to the Secretarial of CITES. Published under Government Notice 2825, Government Gazette 47633 of December 2022.

BY-LAWS

MATJHABENG LOCAL MUNICIPALITY
• Dumping and Littering By-Law, 2022 was published under PN 109, PG 77 of 2 December 2022 and
• Electricity Supply By-Law, 2022 was published under PN 105, PG 77 of 2 December 2022
• Water Restrictions By-law, 2022 was published under PN 106, PG 77 of 2 December 2022
• Water Services By-Law, 2022 was published under PN 104, PG 77 and repealed the

The following By-Laws were repealed:
• Dumping and Littering By-Law, 2008
• Water Services By-Law of 2010

SALDANHA BAY LOCAL MUNICIPALITY
The following By-Laws were published in PG 8679 of 11 November 2022:
• By-Law relating to the prevention of Public Nuisances and the keeping of Animals, 2022
• Outdoor Advertising and Signage By-law, 2022
• Storm Water Management By-law, 2022
• Integrated Waste Management By-law, 2022
• Water and Sanitation Services By-law, 2022
• Fire Safety By-law, 2022
• Electricity Supply By-law, 2022
• By-law Relating to Boundary Walls and Fences, 2022
• Air Quality By-law, 2022

The following By-Laws were repealed:
• By-Law relating to Public Nuisances, 2018
• Outdoor Advertising and Signage By-law, 2018
• Storm Water Management By-law of 2018
• Integrated Waste Management By-law of 2018
• Water and Sanitation Services By-law of 2018
• Fire Safety By-law, 2018
• Electricity Supply By-law, 2018
• By-law Relating to Boundary Walls and Fences, 2018
• Air Quality By-law, 2018

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