Recent Developments in Environmental Law

Posted on 25 Jun 2018

1.       Amendment to the National Pollution Prevention Plan Regulations 2017

 

On the 22nd of May 2018 the Minster of Environmental Affairs amended the National Pollution Prevention Plan Regulations (published in Notice 712 on 21 July 2017), which is noted in Notice 513 in the Government Gazette 41642. In terms of this amendment, the first pollution prevention plan is now due (21 June 2018); Therefore the following is required:

 

A person must submit a first pollution prevention plan to the Minister [within five months from the date of promulgation of these Regulations] before or on 21 June 2018 and the subsequent pollution prevention plans must be submitted within five months of existing plans being reconciled.

 

A number of industries will now have to have a first pollution presentation plan submitted to Bomo Edna Edith Molewa, Minister of Environmental Affairs. Consequently, this plan can either be put together by the industries / mine’s own environmental division, however, it’s more likely that the sub-contracting environmental division be approached for ethical reasons.

 

Companies that undertake activities or production processes which exceed the generation of 0.1 Mt CO2 equivalent of greenhouse gasses annually must submit Pollution Prevention Plans if associated with:

  • Production of: Cement, Glass, Ammonia, Nitric acid, Carbon, Iron and steel, Ferro-Alloys, Aluminium, Polymers, Pulp and Paper, Electricity (combustion excluding back-up generators);
  • Mining of Coal; or
  • Production and/or refining of crude oil or natural gas.

For a copy of the gazette please go to: https://www.gov.za/documents/national-environmental-management-air-quality-act-regulations-national-pollution-1

 

  1. Notice of intention to amend the List of Activities which result in atmospheric emissions which have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or culture.

 

On the 25th of May 2018 the Minster of Environmental Affairs gave notice of her intention to amend the list of activities which result in atmospheric emissions, which is noted in Notice 516 in Government Gazette 41650. The Minister invites all members of the public to participate in amending the notice by submit written comments within 30 days from the date of publication.

 

In short, the following: an amended list of activities which cause atmospheric emissions is still in progress. The public is invited to take part and submit written comments to add value towards lowering and controlling air emissions by highlighting or pointing out where improvements can be made.

 

For a copy of the gazette please go to: https://www.gov.za/documents/national-environmental-management-air-quality-act-amendment-list-activities-which-results

 

  1. Draft National Dust Control Regulations

 

On the 25th of May 2018 the Minster of Environmental Affairs gave notice of her intention to repeal and replace the National Dust Control Regulations (published in Notice 827 on 1 November 2013) with new National Dust Control Regulations noted in Notice 517 in Government Gazette 41650. The Minister invites all members of the public to participate in amending and replacing the regulations by submitting written comments.

 

In short, the following: The new NDCR is still in progress and will replace the old NDCR (published in Notice 827 on 1 November 2013). When the newly published NDCR is in place, all industries which cause atmospheric emissions will be reviewed according to the new standards. As part of this standard, the design and operation of dust fallout monitoring programmes will have to be reviewed and amended to follow the latest ASTM standard associated with the regulation. This holds a cost implication for companies that have dust fallout monitoring programmes in place which will have to be updated to the latest standard and designs.

 

For a copy of the gazette please go to: https://www.gov.za/documents/national-environmental-management-air-quality-act-draft-national-dust-control-regulations

 

  1. Notice of intention to amend the 2012 National Framework for Air Quality Management in the Republic of South Africa

 

On the 25th of May 2018 the Minster of Environmental Affairs gave notice of her intention to amend the 2012 National Framework for Air Quality Management in Notice 518 in Government Gazette 41650. The Minister invites all members of the public to participate in amending the NFAQM by submitting written comments.

 

In short an amended list of activities which cause atmospheric emissions are developed, while the NDCR and NFAQM are still in process and any and all are invited to take part and submit written comments if they feel the need to add value towards lowering and controlling air emissions in the country.

 

This in turn will, in the near future, also be used as the amended standards on which the industry / mine will be assessed.

 

For a copy of the gazette please go to:  https://www.gov.za/documents/national-environmental-management-air-quality-act-national-framework-air-quality-1

 

For more information please do not hesitate to contact us on info@envass.co.za