NATIONAL LEGISLATION

ENVIRONMENTAL AND MINING

NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT (10/2004): DETERMINATION OF BIOREGIONS AND PUBLICATION OF BIOREGIONAL PLANS
Published under PN 1 of 4 January 2019

The Member of the Executive Council for Economic Development, Environment and Tourism, has, by notice in the Gazette, determined bioregions for the Waterberg District Municipality and the Mopani District Municipality and published bioregional plans in respect of those bioregions in terms of section 40(1) of the NEM:BA.

The borders of the Waterberg District Municipality Bioregion and Mopani District Municipality Bioregion are aligned with the borders of the Waterberg District Municipality and the Mopani District Municipality respectively.

NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT (59/2008): REGULATIONS REGARDING THE CONTROL OF THE IMPORT OR EXPORT OF WASTE
Published under GN 22 of 21 January 2019

The Minister of Environmental Affairs, has in terms of section 69(1)(j) read with section 73 of the NEM:WA published regulations regarding the control of the import or export of waste. The purpose of these Regulations is to, inter alia, establish procedures and control measures for the import, export and transit of waste; and ensure cradle-to-cradle management in the transboundary movement of waste and as further set out in the Schedule to the abovementioned notice.

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF LAND TO BE PART OF TABLE MOUNTAIN NATIONAL PARK
Published under GN 3 on 25 January 2019

The Minister of Environmental Affairs (Acting), has, in terms of section 20(1)(a)(ii) of the NEM:PAA declared “the remainder of the farm Kleinplaats No.976, Cape Division, Western Cape Province, measuring 327.8075 (Three Two Seven Comma Eight Zero Seven Five) hectares and held by the Deed of Transfer NO.T20983/1985” to be part of the Table Mountain National Park.

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003) (AS AMENDED): NOTICE TO WITHDRAW INTENTION TO EXCLUDE AN AREA AS PART OF AN EXISTING MABOLA PROTECTED ENVIRONMENT
Published under PN 11 of 25 January 2019

The Provincial MEC for Agriculture, Rural Development, Land and Environmental Affairs, Mpumalanga, has given notice to withdraw PN 127 of 2018 published on 12 October 2018 for intention to exclude an area as part of the existing Mabola Protected Environment in terms of section 29(b) of the NEM:PAA located within the jurisdiction of Pixley Ka Seme Local Municipality, within the Mpumalanga Province.

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF THE ATTACHED LAND PARCELS AS PROTECTED ENVIRONMENT
Published under PN 4 of 25 January 2019

The Member of the Executive Council for Economic Development Environment and Tourism, has under section 28(1) of the NEM:PAA declared the following properties as Nungu Protected Environment in Waterberg District In Limpopo Province:

• Smitsfontein 633LQ in extent of 897,5508 ha
• Koedoesfontein 631LQ in extent 1007,6935 ha

NATIONAL WATER ACT (36/1998): LIMITING THE USE OF WATER FOR IRRIGATION, URBAN, INDUSTRIAL AND MINING PURPOSES FROM THE POLOKWANE WATER SUPPLY SYSTEM, MUTSHEDZI, NZHELELE, NWANEDI AND LUPHEPHE, ALBASINI, MIDDLE LETABA, NSAMI, MIDJADJI, TZANEEN, DOORNBRAAI AND GLEN ALPINE SUB-SYSTEM/DAM
Published under GN 96 of 1 February 2019

The Acting Director General of the Department of Water and Sanitation, has by notice in the Gazette declared that on reasonable grounds she believe that a water shortage exists in the Polokwane Water Supply System. Nznetele River system upstream of the Mutshedzi and Nzheele dams catchment the Nwaneds catchment, Luvuvtiu catchment, Klein Letaba catchment and Tzaneen Dam catchment due to insufficient rains and over allocation of water, and that it is necessary to limit the taking of water from Mutshedzi. Nzhelele. Nwanedl and Luphephe, Albasini, Middle Letaba, Nsami and Modjad|i and Tzaneen, Doorndraai and Glen Alpine sub system/dams.

Accordingly, acting under delegated authority in terms of item 6 (1) of Schedule 3 to the NWA the Acting DDG has limited the taking of water from the Polokwane Water Supply System, Mutshedzi, Nzhelele Nwanedi and Luphephe, ALbasini, Middle Letaba. Nsami, Modjadi and Tzaneen, Doorndraai and Glen Alpine Sub system/dams by all users in the affected areas as further detailed in the schedule to the abovementioned notice.

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT (39/2004): NATIONAL GREENHOUSE GAS EMISSION REPORTING REGULATIONS: NOTICE OF PROCEDURE TO BE FOLLOWED BY CATEGORY A DATA PROVIDERS FOR REGISTRATION AND REPORTING AS A CATEGORY A DATA PROVIDER
Published under GN 71 on 1 February 2019

The Minister of Environmental Affairs, has published an important notice regarding the procedure to be followed for the registration and reporting by Category A data providers and the associated timeframes within which they must do so. This being, in terms of Regulations 5 and 7 of the Greenhouse Gas Emission Reporting Regulations, published under Government Notice No. 275 in Gazette No. 40762 of 03 April 2017. Details regarding the exact procedure to be followed and the timelines associated therewith, are contained in the Schedule to the abovementioned notice.

NATIONAL ENVIRONMENTAL MANAGEMENT ACT (107/1998), AS AMENDED: 3RD EDITION ENVIRONMENTAL IMPLEMENTATION PLAN (EIP) 2015-2020
Published under GN 71 on 1 February 2019

CORRECTION NOTICE:
General Notice 728 of 2018, published in Government Gazette 42053 on 23 November 2018, was erroneously published with missing pages and information, and is hereby replaced with the following notice:
 
I, Christopher Hlabisa, Acting Director-General of the Department of Transport, hereby approve for adoption, this 3rd Edition Environmental Implementation Plan: 2015-2020.

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): INTENTION TO DE-PROCLAIM ATTACHED RESPECTIVE LAND PARCELS AS NATURE RESERVE
Published under GN 70 of 1 February 2019

The Member of the Executive Council for Economic Development, Environment and Tourism, has under section 24(1)(a)(i) given notice in terms of section 33(1)(a) NEM:PA, to de-proclaim Nyl Valley Nature Reserve in Limpopo Province.
 
Members of the public were invited to submit written representations to the proposed notice to The Head of Department of Economic Development, Environment and Tourism Limpopo Province.

LEGISLATION: CARBON TAX BILL READY FOR SECOND READING
Published under GN 60 of 5 February 2019

The National Treasury has in terms of Rule 276(1)(b) of the Rules of the National Assembly given notice that a revised ‘B’ version of the 2018 Carbon Tax Bill will soon be tabled in the National Assembly for a second reading debate, having been adopted by the Standing Committee on Finance. Once endorsed by the NCOP, it will be tabled with the 2019/20 Budget and related draft legislation. The new Bill will seek to provide for the administration and limitation of carbon-tax-related allowances, the licensing of certain premises prescribed by rule and the regulation of actions pertaining to the submission and verification of accounts. It will also allow the SARS commissioner to make rules regulating duties, powers and rights affecting carbon tax collection and payment.

CUSTOMS AND EXCISE AMENDMENT BILL
Published under Bill number: B3-2019 first published on 6 February 2019

On 6 February 2019 the Minister of Finance published the first version of the Customs and Excise Amendment Bill. The said Bill seeks to inter alia amend the Customs and Excise Act, 1964, so as to make provision for the administration and collection of carbon tax revenues; and to provide for matters connected therewith. Since first publication, the following chronological events have ensued pursuant to the adoption of the Bill:

On 03 March 2019, the Select Committee invited comments on the Bill to be submitted by 8 March 2019 and was scheduled to meet on 6 March 2019 for briefings by the National Treasury and SARS. The Bill which is to be known the Customs and Excise Amendment Act, 2019 has been provisionally scheduled for consideration by the NCOP on 28 March 2019. The proposed date for the coming into effect of the Act being: 1 June 2019.

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF ATTACHED RESPECTIVE LAND PARCELS AS PROTECTED ENVIRONMENT IN TERMS OF SECTION (28) (I) OF THE ACT
Published under PN 22 of 22 February 2019

The Member of the Executive Council for Economic Development Environment and Tourism, Limpopo, has in terms of section 28(i) of the NEM:PAA declared respective land parcels of the portions of as listed in the schedules attached to said notice, as declared Protected Environment in Sekhukhune District in Limpopo Province.

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): INTENTION TO DECLARE ATTACHED RESPECTIVE LAND PARCELS AS NATURE RESERVES
Published under PN 21 of 22 February 2019

The Member of the Executive Council for Economic Development Environment and Tourism, has in terms of section 23(1) (a)(i) read with section 33 (1) (a) of NEM:PAA given notice of intention to declare Nungu as Nature Reserve in Limpopo Province, as detailed in the farm schedules attached to said notice.

Members of the public may submit written representations regarding the proposed notice to The Head of Department, and must do so within 60 days from the date of publication thereof i.e. by 23 April 2019.

NATIONAL ENVIRONMENTAL MANAGEMENT ACT (107/1998): NOTICE OF INTENTION TO APPOINT A HIGH-LEVEL PANEL FOR REVIEW OF POLICIES ON MATTERS RELATED TO MANAGEMENT OF ELEPHANT, LION, LEOPARD, ETC
Published under GN 243 of 25 February 2019

The Minister of Environmental Affairs has under section 3A of the NEMA, read with section 50(2) of the NEMBA given notice of intention to appoint a high-level Panel of Experts that will function as an Advisory Committee, to review the existing policies, legislation and practices related to the management, breeding, hunting, trade and handling of elephant lion, leopard and rhinoceros. The Panel of Experts will also review the implementation of the recommendations of the Committee of Inquiry into the feasibility, or not, of a legal rhinoceros horn trade, and any future decision affecting trade-related proposals to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

PROVISIONAL LEGISLATION

KWA-ZULU NATAL
 
NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): CLARIFICATION OF NATURE RESERVE BOUNDARIES AND CONFIRMATION OF EZEMVELO KZN WILDLIFE AS THE MANAGEMENT AUTHORITY
Published under GN 1 of 17 January 2019

The office of the MEC for Economic Development, Tourism And Environmental Affairs in Kwazulu-Natal has in terms of section 23(1) and section 38(2) of the NEM:PAA, and pursuant to undertaking surveys of the boundaries of existing Nature Reserves; published the details of the most recent survey diagrams applicable to the proclaimed Nature Reserves listed in the schedule to the above Notice, which have recently been re-surveyed. Further, the MEC has confirmed that the Ezemvelo KZN Wildlife shall continue to be the duly assigned management authority for the listed Nature Reserves. Henceforth, such re-surveyed boundaries shall constitute the boundary and define the extent of the respective Nature Reserves.

In addition to the above assignments, the name 'Mngeni Vlei Nature Reserve' declared in Provincial Notice KZN PG 799-83 of 30 August 2012 and KZN PG 1157-42 of 12 June 2014 shall be substituted with the name 'uMngeni Vlei Nature Reserve'.

KWAZULU-NATAL PLANNING AND DEVELOPMENT ACT (6/2008): CLIMATE CHANGE AND ENERGY EFFICIENCY IN LAND USE MANAGEMENT
Published under PN 29 on 28 February 2019

The Kwazulu-Natal Planning Norms and Standards Committee has published the Draft 2 consultation paper on Climate Change and Energy Efficiency in Land Use Management.
The draft Norms and Standards have been published in terms of Chapter 11 of the KwaZulu-Natal Planning and Development Act, 6 of 2008 (PDA) which requires that the Province of KwaZulu-Natal draft Planning and Development Norms and Standards on various themes. They also represent Provincial Norms and Standards as contemplated within Section 10(4) of the Spatial Planning and Land Use Management Act, 16 of 2013 [SPLUMA] and thereby have effect on planning activities undertaken in terms of said Act. The Norms and Standards must also align with the requirements of Section 8 of SPLUMA. Section 7(d).
 
Whilst Climate Change and Energy Efficiency are in many ways interlinked for the purposes of presenting these as Norms and Standards they have been split into two discrete sections (namely Climate Change and Energy Efficiency).
 
The Norms and Standards for Climate Change and Energy Efficiency will come into effect on adoption and promulgation by the MEC of Cooperative Governance and Traditional Affairs, KwaZulu-Natal.

EASTERN CAPE
 
NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT (24/2008): OR TAMBO DISTRICT COASTAL MANAGEMENT PROGRAMME
Published under Official Notice 1 of 11 February 2019

The Member of Executive Council of Economic Development, Environmental Affairs and Tourism Eastern Cape, has published the OR Tambo District Coastal Management Programme for public comment in terms of Section 48 of the NEMICMA.

The Programme is published on the Departmental website being www.dedea.gov.za alternatively a hard copy can be viewed at the Department or the OR Tambo District Municipality Office (Mthatha).

Any person who wishes to comment on the said Programme must submit such comments in writing within 30 days of publication hereof to the Head of Department, Economic Development, Environmental Affairs and Tourism.

NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT (24/2008): SEEKOEI ESTUARINE MANAGEMENT PLAN
Published under Official Notice 2 of 11 February 2019

The Member of Executive Council of Economic Development, Environmental Affairs and Tourism Eastern Cape, has published the Seekoei Estuarine Management Plan for public comment in terms of Section 53 of the NEMICMA.

The Estuarine Management Plan is published on the Departmental website being www.dedea.gov.za alternatively a hard copy can be collected from the Department or may be viewed at the Jeffrey's Bay Public Library- Kouga Local Municipality.
 
Any person who wishes to comment on the said Programme must submit such comments in writing within 30 days of publication hereof to the Head of Department, Economic Development, Environmental Affairs and Tourism.

NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT (24/2008): AMATHOLE DISTRICT COASTAL MANAGEMENT PROGRAMME
Published under Official Notice 3 of 11 February 2019

The Member of Executive Council of Economic Development, Environmental Affairs and Tourism Eastern Cape, do hereby publish the Amathole District Coastal Management Programme for public comment in terms of Section 48 of the NEMICMA.

The Programme has been published on the Departmental website being www.dedea.gov.za alternatively a hard copy can be collected from the Department.
 
Any person who wishes to comment on the said Programme must submit such comments in writing within 30 days of publication hereof to the Head of Department, Economic Development, Environmental Affairs and Tourism.

WESTERN CAPE
 
DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003)
Published under PN 15 on 22 February 2019

The Provincial Minister of Local Government, Environmental Affairs and Development Planning in the Western Cape, has under section 23(1)(a)(i) of the NEM:PAA , declared a nature reserve on the following property:

The Remainder of Farm Annex Welbedacht No. 21, situated in the Garden Route District Municipality (formerly known as the Eden District Municipality), Division George, Western Cape Province; In extent: 866,0624 (Eight Hundred and Sixty-Six comma Zero Six Two Four) hectares; Held by Deed of Transfer No. T63415/1988.

Further the Minister has assigned the name ''Witkliprug Nature Reserve'' to the reserve, of which the boundaries are reflected on the Surveyor-General Diagram number 117/2017, as set out in the Schedule which is attached to the abovementioned notice.

LOCAL LEGISLATION

NALEDI LOCAL MUNICIPALITY
 
WASTE MANAGEMENT BY-LAW
Published under LAN 4 of 22 January 2019

The Dr. Ruth Segomotsi District Municipality has under the provision conferred by Section 156(2) of the Constitution of the Republic of South Africa and Section 9(5)(a) of the NEM:WA, enacted a Waste Management By-law to deal with matters related to Waste Management and Disposal within the Municipal District and to provide for matters incidental thereto.

RAY NKONYENI LOCAL MUNICIPALITY
 
CEMETERIES AND CREMATORIA BY-LAW
Published under MN 3 of 24 January 2019

The Municipal Council of the Ray Nkonyeni Municipality, acting in terms of Section 156 read with Schedule 5 (Part B) of the Constitution of the Republic of South Africa, and read with Section 11 of the Local Government: Municipal Systems Act, 32 of 2000, has enacted a By-Law which regulates inter alia, the Cemeteries and Crematoria within its Municipal region and provides for matters incidental thereto.

STELLENBOSCH LOCAL MUNICIPALITY
 
AIR QUALITY BY-LAW
Published in the Province of the Western Cape: Provincial Gazette Extraordinary 8038 of 8 February 2019

The Stellenbosch Local Municipality has under the provisions of Section 156 of the Constitution of the Republic of South Africa, 1996, and Section 11 of the Municipal Systems Act 32 of 2000,  enacted as follows Air Quality By-Laws as follows:-

To give effect to the right contained in Section 24 of the Constitution of the Republic of South Africa, 1996 by controlling air pollution within the area of the Municipality’s jurisdiction; and to ensure that air pollution is avoided, or where it cannot be altogether avoided, minimized and remedied.

BEAUFORT WEST MUNICIPALITY
 
BY-LAW ON MUNICIPAL LAND USE PLANNING: TO REGULATE AND CONTROL MUNICIPAL LAND USE PLANNING
Published under LAN 21 of 22 February 2019

The Council of the Municipality of Beaufort West duly vested with legislative authority in terms of the Constitution of the Republic of South Africa, 1996, has published the sub-joined By-law relating to the Municipal Land Use Planning for Beaufort West Municipality for general notice.

The By Law regulates: spatial planning; application procedures; the criteria for decision-making in spatial planning and land-use applications. Further it sets out the circumstances under which extension of the validity period of approvals by the Municipality may be allowed; the composition and functions of municipal planning decision-making structures and the provision of engineering services within the magisterial district and matters ancillary thereto.

RAYMOND MHLABA LOCAL MUNICIPALITY
 
SOLID WASTE DISPOSAL BY-LAW
Published under PN 31 of 11 February 2019

The Raymond Mhlaba Municipality has enacted a Solid Waste Disposal By-Law in terms of Section 156 of the Constitution of the Republic of South Africa, 1996.

The purpose of the By-Law is to promote the achievement of a safe and healthy environment for the benefit of residents within the area of jurisdiction of the Municipality, and to provide for procedures, methods and practices to promote waste management activities such as, but not limited to, the dumping of waste and the management of solid waste disposal sites and provide for matters incidental thereto.

RAY NKONYENI LOCAL MUNICIPALITY
 
WASTE MANAGEMENT BY-LAW
Published under MN 8 of 21 February 2019

The Ray Nkonyeni Municipality, has in terms of Section 156(2) of the Constitution of the Republic of South Africa, 1996, read with Section11 (3)(m) of the Local Government Municipal Systems Act,. 32 of 2000, enacted the Waste Management By-law as follows:-.

To provide the underlying principle of an effective and environmentally friendly waste management by focusing of the principles of avoidance, waste minimisation and waste reduction, re-use, recycling, reprocessing and treatment; and appropriate disposal.

Further, to provide measures that promote health and safety; to create offences and penalties; to provide for the repeal of by law that maybe in conflict with the applicable legislation; and to provide for matters incidental thereto.

BY-LAW RELATING TO STORMWATER
Published under MN 12 of 28 February 2019

The Ray Nkonyeni Municipality, has enacted a By-Law relating to stormwater, in terms of the provisions of Section 156 of the Constitution. The abovementioned By-Law provides for inter alia the Protection of Stormwater System and Prevention of Flood Risk within the Municipal District and matters incidental thereto.