09/07/2013
NEW LEGISLATION:
Complying with the Good Manufacturing Practices (GMP) according to the ISO 22716:2007:
As of 11 July 2013, the European Union’s new Regulation (EC) No 1223/2009 will require cosmetic products to be manufactured according to Good Manufacturing Practices (GMP). Cosmetics manufacturers should prepare for this new requirement now in order to avoid any loss of market approval.
Notices of relevance published during April 2013:
The Minister of Energy has also published the license fees (“levy”) payable by generators of electricity according to Section 5(b) of the Electricity Act, 1987 (Act No. 41 of 1987) which in effect charges 0.0547c/kWh of electricity generated and is payable to the National Energy Regulator of South Africa, from 01 April 2013 to 31 March 2014 (Notice436 of 3 May 2013, GG #36418). The Minister of Transport has published the Penalty Fee Amendment Regulations, 2013 (Notice 208 of 20 March 2013, GG # 36270) which came into effect on 20 March 2013. The amendments list i) factors which can be taken into account by the CEO in determining the severity of penalties, ii) what needs to occur within 21 days of being served with a contravention notice, iii) hearing requirements and proceedings, and iv) the possibility to appeal contravention and penalty decisions. The Minister of Water and Environmental Affairs has published proposed amendments to Schedules 1 and 2 of the National Environmental Management Act, 1998 (Act No. 107 of 1998) which, in effect, aligns the names of government departments in the Act with the names currently used AND inserts the Department of Tourism, the Department of Public Enterprises and the Department of Public Works as National Departments which exercise functions which may affect the environment (Notice 412 of 26 April 2013, GG #36392). The Minister of Agriculture, Forestry and Fisheries has published the draft Marine Living Resources Amendment Bill for comment (Notice 434 of 25 April, 2013. GG #36413). The intention is to amend the Marine Living Resources Act, 1998 to provide for numerous amendments and additions.
Legislative News from Parliament:
The following Bills are under deliberation;
Basic Conditions of Employment Amendment Bill
Labour Relations Amendment Bill
Employment Services Bill
Employment Equity Amendment Bill
Broad-based Black Economic Empowerment Bill
Independent Systems Market Operator Bill
Co-operatives Amendment Bill
Protection of Personal Information Bill
National Environmental Management Laws Amendment Bill
Parliamentary Public Hearings;
Special Economic Zones
The Efficacy of South Africa’s
Environmental Impact Assessment Regime
Minimum Emission Standards in terms of Section 21 of the National Environmental Management: Air Quality Act.
Notice of relevance published during May 2013:
The Minster of Water and Environmental Affairs has published the National Estuarine Management Protocol in terms of Section 33(2) of the National Environmental Management Integrated Coastal Management Act (No. 24 of 2008) which provides guidance for the management of estuaries through the development and implementation of individual estuarine management plans (EMPs).
Developments:
Section 6 of the Competition Amendment Act, 1 of 2009 (the “Amendment Act”) was brought into effect during April 2013. This section allows the Competition Commission to conduct market inquiries without referring to particular firms, if it believes that competition in that market is being prevented, distorted or restricted. Section 6 of the Act therefore enables broader powers. The Minister of Water and Environmental Affairs has published the National Norms and Standards for the Remediation of Contaminated Land and Soil Quality in the Republic of South Africa (GG #36447 vol. 575, General Notice 467 of 2013), for comment, in terms of the National Environmental Management: Waste Act, 2008.
National Water Act: Revision of General Authorisations in terms of section 39 Date: 04/03/2013
Government Gazette No.: 36206 GN R No.: 169 The Director-General of the Department of Water Affairs gave notice of his intention to revise General Authorisations relating to sub-section 21(j) as published in section 3 in notice 389 and to sub-section 21(e), 21(f), 21(g) and 21(h) as published in notice 399 in Government Notice 26 March 2004 as set out in the schedule to the notice. Water uses as set out under section 21 of the National Water Act has to be licensed. However if a specific water use falls within the provision of a general authorisation the user of such a water need not apply for a water use licence. The regulations set out in the schedule to the notice will replace such general authorisations published under previous notices. General Authorisations set out in the regulation shall apply to the following water uses: 21(e) – engaging in a controlled activity set out in section 37 of the NWA or control activities declared by the Minister and published in the Gazette; 21(f) – discharging waste or water containing waste into a water resource through a pipe, canal, sewer, sea outfall or other conduit; 21(g) – disposing of waste in a manner which may detrimentally impact on a water resource; 21(h) – disposing in any manner of water which contains waste from, or which has been heated in, any industrial or power generation process; 21(j) – removing, discharging or disposing of water found underground if it is necessary for the efficient continuation of an activity or for the safety of people. Interested persons are hereby invited to submit written comments on the proposed Notice to the Director-General of the Department of Water Affairs within 60 days of the publication of this Notice (i.e. 3 May 2013).
National Environmental Management: Air Quality Act: Draft
Regulations prescribing the atmospheric emission licence processing fee calculator Date: 08/03/2013 Government Gazette No.: 36207 GN R No.: 171 The Minister of Water and Environmental Affairs give notice of her intention to make regulations regarding the atmospheric emission licence process fee calculator as set out in the schedule to the notice. The purpose of the regulations is to prescribe the atmospheric emission licence processing fee calculator to be used by the licensing authorities when determining the prescribed processing fees, and to regulate the administrative process of determining the prescribed processing fees and the prescribed processing fees bands, as contemplated in Chapter 5 of the NEM: AQA
COMMENCEMENT OF THE NATIONAL WASTE INFORMATION REGULATIONS, 2013:
During August 2012 the Minister of Environmental Affairs, published the National Waste Information Regulations in terms of section 69(1) (y), (aa) and (ee) of the National Environmental Waste Management Act “NEMWA”. In terms of the Regulations the above mentioned persons/ organisations must registered on the South African Waste Information System “SAWIS” at www.sawic.org.za on or before 2 April 2013. Submission of information to the SAWIS will commence 90 days after closing of the registration period. A registered person / organisation conducting an activity as set out above, must submit quarterly information as prescribed in2 of the Notice, within 60 days of the end of a reporting period. Such information must include:
· The month and year to which the information applies;
· Categories of waste as detailed in Annexures 3 and 4 of the Regulations;
· Source from which waste comes; and
· The quantity of waste reported in tons.
Draft Determination of Safety Permit Fees under Section 23
(2)(a) of the National Railway Safety Regulator Act, 2002:
Date: 19/03/2013 Government Gazette No.: 36268 GN R No.: 207. The Minister of Transport published a draft determination of Annual safety permit fees to be charged by Railway operators to the Railway Safety Regulator. The charges are intended to take effect from 1 April 2013 to 31 March 2014.
Occupational Health and Safety Act, 85 of 1993: Withdrawal of Government notice made in terms of regulation 18(11) of the Driven Machine Regulations Date: 22/03/2013 Government Gazette No.: 36258 GN R No.: 201 The Chief Inspector of the Department of Labour has withdrawn GNR 1075 of Gazette 34876 published on 21 December 2011. The above notice relates to organisations applying for approval from the Chief Inspector as Training Providers of Lifting Machine Operators as required by regulation 18(11) of the General Machine Regulations. In terms of the said notice applications for authorisation would have only been considered if such organisations also submit a valid certificate issued by Transport Seta. No further notices with regard to future applications have been published in this regard.
National Road Traffic Act, 93 of 1996: Approval of Dangerous Goods Training bodies in terms of the National Road Traffic Regulations, Date: 1/03/2013. Government Gazette No.: 36202 GN R No.: 152 The Minister of Transport has published a list of approved service providers as Dangerous Goods Training Bodies in terms of regulation 280(1) of the National Road Traffic Regulations, 2000. A list of the approved service providers can be viewed in the Schedule to the Notice.
(CHEMICAL & ALLIED INDUSTRIES’ ASSOCIATION News Letter abstract)
