IMPLEX LEGAL UPDATE BULLETIN 58 CONTENTS ENVIRONMENTAL LEGISLATION Regulations: National Environmental Management: Air Quality Act 39 of 2004 Notices: National Environmental Management: Protected Areas Act, 2003 National Environmental Management Act 107 of 1998 Water Services Act 108 of 1997 LABOUR LEGISLATION Notice: Broad –Based Black Economic Empowerment Act 53 of 2003 HEALTH LEGISLATION Regulations: Health Professions Act 56 of 1974 Notices: Health Professions Act 56 of 1974 Nursing Act 33 of 2005 GENERAL LEGISLATION REGULATIONS: The South African National Roads Agency Limited and National Roads Act 7 of 1998 Notices: Consumer Protection Act 68 of 2008 Road National Traffic Act 93 of 1996 PROVINCIAL AND LOCAL LEGISLATION NEWSWORTHY ENVIRONMENTAL LEGISLATION Regulations: National Environmental Management: Air Quality Act 39 of 2004 REGULATIONS PRESCRIBING THE FORMAT OF THE ATMOSPHERIC IMPACT REPORT The Minister of Water and Environmental Affairs published the Regulations prescribing the format of the Atmospheric Impact Report, as set out in the schedule to the said notice. Published under Government Notice R 747, Government Gazette 36904, dated 11 October 2013. DECLARATION OF A SMALL BOILER AS A CONTROLLED EMITTER AND ESTABLISHMENT OF EMISSION STANDARDS The Minister of Water and Environmental Affairs declared a small boiler as a controlled emitter and established emission standards for the small boiler, as set out in the schedule to the said notice. Published under Government Notice 831, Government Gazette 36973, dated 1 November 2013. NATIONAL DUST CONTROL REGULATIONS The Minister of Water and Environmental Affairs made the National Dust Control Regulations, as set out in the schedule to the said notice. Published under Government Notice 827, Government Gazette 36974, dated 1 November 2013. Notices: National Environmental Management: Protected Areas Act, 2003 PROPER ADMINISTRATION OF SPECIAL NATURE RESERVES, NATIONAL PARKS AND WORLD HERITAGE SITES AMENDMENT REGULATIONS, 2013 The Minister of Water and Environmental Affairs gave notice of her intention to amend the abovementioned regulations. Written comments may be submitted within 30 days after the publication of the draft regulations in the Gazette, to the Director-General: Department of Environmental Affairs, Attention: Dr Geoff Cowan, Private Bag X447, PRETORIA, 0001. Published under General Notice 1052, Government Gazette 36969, dated 25 October 2013. DECLARATION OF LAND TO BE PART OF TABLE MOUNTAIN NATIONAL PARK The Minister of Water and Environmental Affairs declared the properties listed in schedules to the said notice as part of Table Mountain National Park. Published under Government Notice 804, Government Gazette 36951, dated 25 October 2013. The Minister of Water and Environmental Affairs declared the land in the schedule to the said notice as part of Camdeboo National Park. Published under Government Notice 805, Government Gazette 36951, dated 25 October 2013. The Minister of Water and Environmental Affairs declared the land in the schedule to the said notice as part of West Coast National Park. Published under Government Notice 806, Government Gazette 36951, dated 25 October 2013. The Minister of Water and Environmental Affairs declared the land in the schedule to the said notice as part of Tankwa Karoo National Park. Published under Government Notice 807, Government Gazette 36951, dated 25 October 2013. The Minister of Water and Environmental Affairs declared the land in the schedule to the said notice as part of Namaqua National Park. Published under Government Notice 808, Government Gazette 36951, dated 25 October 2013. The Minister of Water and Environmental Affairs declared the land in the schedule to the said notice as part of Mountain Zebra National Park. Published under Government Notice 809, Government Gazette 36951, dated 25 October 2013. The Minister of Water and Environmental Affairs declared the land in the schedule to the said notice as part of Mountain Karoo National Park. Published under Government Notice 810, Government Gazette 36951, dated 25 October 2013. The Minister of Water and Environmental Affairs declared the land in the schedule to the said notice as part of Addo Elephant National Park. Published under Government Notice 810, Government Gazette 36951, dated 25 October 2013 National Environmental Management Act 107 of 1998 NOTICE OF INTENTION TO ESTABLISH GUIDELINES FOR PREPARATION OF ENVIRONMENTAL IMPLEMENTATION PLANS AND ENVIRONMENTAL MANAGEMENT PLANS The Minister of Water and Environmental Affairs gave notice of the intention to establish the Guidelines for the preparation of Environmental Implementation Plans and Environmental Management Plans as set out in the schedule to the said notice. Written comments may be submitted within 30 days of publication of the notice in the Gazette, to the Director-General: Department of Environmental Affairs, attention: Mr Ntsizi November, Private Bag X447, Pretoria, 0001. Published under General Notice 1043, Government Gazette 36951, dated 25 October 2013. PUBLICATION OF THE ENVIRONMENTAL IMPACT ASSESSMENT GUIDELINE FOR AQUACULTURE IN SOUTH AFRICA The Minister of Water and Environmental Affairs published the Environmental Impact Assessment Guideline for Aquaculture in South Africa for implementation, as set out in the schedule hereto. Published under General Notice 994, Government Gazette 36894, dated 3 October 2013. Water Services Act 108 of 1997 REGULATIONS RELATING TO COMPULSORY NATIONAL STANDARDS FOR PROCESS CONTROLLERS AND WATER SERVICES WORKS The Minister of Water and Environmental Affairs published for public comment the draft Regulations relating to Compulsory National Standards for Process Controllers and Water Services Works. Written comments may be submitted within 60 days from date of publication of the notice to the Director-General, Department of Water Affairs, Private Bag X313, Pretoria 0001. Published under Government Notice R 813, Government Gazette 36958, dated 23 October 2013. REGULATIONS RELATING TO COMPULSORY NATIONAL STANDARDS FOR PROCESS CONTROLLERS AND WATER SERVICES WORKS Government Notice R 813, published in Government Gazette 36958 of 23 October 2013, were amended as set out in the schedule. Published under Government Notice R 826, Government Gazette 36978, dated 25 October 2013. LABOUR LEGISLATION Notice: Broad –Based Black Empowerment Act 53 of 2003 ISSUE OF CODES OF GOOD PRACTICE The Minister of Trade and Industry issued the following Codes of Good Practice and determined that these codes will come into operation within twelve months from date of this publication: Statement 000: General principles and the generic scorecard Statement 100: The general principles for measuring ownership Statement 200: The general principles for measuring management control Statement 300: The general principles for measuring skills development Statement 400: The general principles for measuring enterprise and supplier development Statement 500: The general principles for measuring the socio-economic development element Published under General Notice 1019, Government Gazette 36928, dated 11 October 2013. HEALTH LEGISLATION Regulations: Health Professions Act 56 of 1974 REGULATIONS DEFINING THE SCOPE OF THE PROFESSION OF ORAL HYGIENE The Minister of Health has made the regulations as set out in the schedule to the said notice. Published under Government Gazette R 800, Government Gazette 36944, dated 17 October 2013. Notices: Health Professions Act 56 of 1974 LIST OF APPROVED FACILITIES FOR THE PURPOSES OF PERFORMING COMMUNITY SERVICE BY CLINICAL PSYCHOLOGISTS IN THE YEAR 2014 The Minister of Health has listed the approved facilities in the said notice, for purposes of the profession of clinical psychology. Published under General Notice 787, Government Gazette 36936, dated 16 October 2013. Approved facilities for the following professions were also listed in Government Gazette 36936: 788 - Dentists in the year 2014 789 - Dieticians in the year 2014 790 - Health Practitioners in the year 2014 791 - Medical practitioners in the year 2014 793 - Occupational therapists in the year 2014 794 - Pharmacists in the year 2014 795 - Physiotherapists in the year 2014 796 - Radiographers in the year 2014 797 - Speech language and hearing therapists in the year 2014 Nursing Act 33 of 2005 LIST OF APPROVED FACILITIES FOR THE PURPOSES OF PERFORMING COMMUNITY SERVICE The Minister of Health has listed the approved facilities for purposes of performing community service. Published under Government Notice 792, Government Gazette 36936, dated 16 October 2013. GENERAL LEGISLATION Regulations: REGULATIONS ON EXEMPTIONS FROM THE PAYMENT OF TOLLS The South African National Roads Agency Limited and National Roads Act 7 of 1998 The Minister of Transport made the regulations as set out in the schedule to the said notice. Published under Government Notice R 741, Government Gazette 36911, dated 8 October 2013. SPECIFICATION REGULATIONS The Minister of Transport made the regulations as set out in the schedule to the said notice. Published under Government Notice R 740, Government Gazette 36911, dated 8 October 2013. E-ROAD REGULATIONS The Minister of Transport made the regulations as set out in the schedule to the said notice. Published under Government Notice R 739, Government Gazette 36911, dated 8 October 2013. Notices: Consumer Protection Act 68 of 2008 CATEGORIES OF GOODS THAT ARE REQUIRED TO HAVE A TRADE DESCRIPTION APPLIED TO THEM IN TERMS OF THE CONSUMER PROTECTION ACT 68 of 2008 The Minister of Trade and Industry published a final notice prescribing certain categories of goods that are required to have a trade description applied to them and prescribing the information that is required to be included in such trade description. Published under Government Notice 825, Government Gazette 36968, dated 25 October 2013. Road National Traffic Act 93 of 1996 REGULATIONS IN TERMS OF THE NATIONAL ROAD TRAFFIC ACT, 1996 The Minister of Transport made the regulations as set out in the schedule to the said notice. Published under Government Notice R 758, Government Gazette 36911, dated 8 October 2013. PROVINCIAL AND LOCAL LEGISLATION FREE STATE Mangaung Metropolitan Municipality – the following bylaws were published in Provincial Gazette 60 of 25 October 2013: Environmental Health Services bylaws – Fire-fighting services bylaws Waste Management bylaws Water Services bylaws WESTERN CAPE Drakenstein Local Municipality – Integrated Waste Management bylaws were published in Provincial Gazette 7184, dated 4 October 2013 Mosselbay Local Municipality – Air Quality Control bylaws were published in Provincial Gazette 7184, dated 4 October 2013 NEWSWORTHY Investigation into Eskom accident gets under way TEAMS of technical experts from Department of Mineral Resources, Eskom and the National Union of Mineworkers (NUM) began an investigation on Tuesday morning into the cause of an accident that killed six workers. On Thursday last week an underground tunnel collapsed at the Ingula pumped storage construction site at the Bramhoek Dam outside Ladysmith. Eskom said the accident happened in a high-pressure shaft connecting the top dam to the station’s power house. The six people who died were Daniel Mthiyane from Richards Bay; Sinethemba Ndzoyiya from the Eastern Cape; Majara Lesaona of Lesotho; and three Filipinos, Maurice Antonio, Dennis Casale and Federico Caasi. Seven other workers were admitted to hospital after the accident. The Ingula electricity project, which is under construction and expected to go live next year, involves pumping water up the Drakensberg mountains from the Bramhoek Dam to the Bedford Dam. Eskom CEO Brian Dames announced the halting of the project pending the investigation and promised that the company would take action against anyone found guilty of negligence. The site investigation that started on Tuesday is conducted under the auspices of the Department of Mineral Resources, which has sent in senior inspectors to be part of the probe. The NUM team will be led by its national chairman of health and safety, Peter Bailey, and Eskom would also have a technical team of five people. Bongani Manyoni, provincial secretary of NUM, said: We hope that this investigation will shed light onto what really caused the accident. We maintain that this accident could have been avoided if all precautionary measures were taken. Eskom spokesman Andrew Etzinger said the bodies of the four foreign contractors who died in the accident had not yet been repatriated. But we are hopeful that this will be done by the end of the week. Meanwhile, Mineral Resources Minister Susan Shabangu said the mining industry needed to do more to improve safety and skills development in the sector. She told the Chamber of Mines annual general meeting in Johannesburg on Tuesday morning that although there had been improvement in terms of the health and safety of mineworkers, it was regrettable that six workers had died in Ingula last week. It is of great concern that workers still continue to lose their lives, Ms Shabangu said. She said the industry would not move forward without improving the safety and health of workers in the sector or embarking on appropriate skills development programmes. Useful links gov.za: SA Government info.gov.za/index.html: SA Government Information info.gov.za/documents/index.htm: Gazettes and Notices info.gov.za/speeches/index.htm: Government Speeches and Statements dwaf.gov.za: Department of Water Affairs and Forestry deat.gov.za: Department of Environmental Affairs dme.gov.za: Department of Minerals Resources labour.gov.za: Department of Labour doh.gov.za: Department of Health Sources Our sincere gratitude to the following valuable sources: SA Government Online Information Services SA News IOL DOL DOH DMR DWEA DOA DWA DEA Miningweekly PMG Business Report Business Day Miningmx IWMSA Engineering News Mineweb
Posted on: Mon, 11 Nov 2013 06:39:48 +0000
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