Please find below the following interesting readings and notices – applicable to the environmental field.

Bills

  • National Environmental Management Laws Amendment Bill (B12-2017)
  • National Forests Amendment Bill (B11-2016)

Notices

  1. “National Environmental Management: Protected Areas Act 57 of 2003 – GNs 781 & 782 in GG 43528 of 17 July 2020 – Declaration of the Agulhas Front Marine Protected Area in terms of s. 22A published in GN R761 in GG 42478 of 23 May 2019 corrected”;
  2. “National Environmental Management: Protected Areas Act 57 of 2003 – GN 783 in GG 43528 of 17 July 2020 – Declaration of the Southwest Indian Seamount Marine Protected Area in terms of s. 22A published in GN R775 in GG 42478 of 23 May 2019 corrected”;
  3. “National Environmental Management: Protected Areas Act 57 of 2003 – GN 784 in GG 43528 of 17 July 2020 – Marine Protected Area Regulations for the Management of the Southwest Indian Seamount Marine Protected Area published in GN R795 in GG 42479 of 23 May 2019 corrected”;
  4. “National Environmental Management: Protected Areas Act 57 of 2003 – GN 797 in GG 43534 of 17 July 2020 – Marine Protected Area Regulations for the Management of the Agulhas Front Marine Protected Area published in GN R779 in GG 42479 of 23 May 2019 corrected”;and,
  5. “GN 822 Directions regarding Measures to Address, Prevent and Combat the Spread of COVID -19 relating to the Biodiversity Sector”.

Eastern Cape

  1. “Spatial Planning and Land Use Management Act 16 of 2013 – Proc 2 in PG 4422 of 20 July 2020 – Nelson Mandela Bay Metropolitan Municipality – Establishment of the Municipal Planning Tribunal and the appointment of members”

Western Cape

  1. “Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – LAN 20258 in PG 8258 of 29 June 2020 – Knysna Local Municipality – Zoning Scheme By-law”;
  2. “Constitution of the Republic of South Africa, 1996; Local Government: Municipal Systems Act 32 of 2000 and National Environmental Management: Air Quality Act 39 of 2004 – LAN 20272 in PG 8261 of 3 July 2020 – Bergrivier Local Municipality: Air Quality By-law published and previous by-laws repealed”;
  3. “Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – LAN 20286 in PG 8268 of 10 July 2020 – Cederberg Local Municipality – Zoning Scheme By-law”;
  4. “Western Cape Land Use Planning Act 3 of 2014 – LAN 20277 in PG 8270 of 10 July 2020 – Cederberg Local Municipality – Zoning Scheme Map”;
  5. “Spatial Planning and Land Use Management Act 16 of 2013 – LAN 20333 in PG 8274 of 23 July 2020 – Matzikama Local Municipality – Appointment of Municipal Planning Tribunal Members”; and,
  6. “Western Cape Land Use Planning Act 3 of 2014 – LAN 20325 in PG 8275 of 24July 2020 – West Coast District Municipality – Spatial Development Framework 2020”.

Limpopo

  1. “National Environmental Management: Protected Areas Act 57 of 2003 – PN 67 in PG 3091 of 24 July 2020 – Withdrawal of declaration of the Nyl Valley Private Nature Reserve”; and,
  2. “National Environmental Management: Protected Areas Act 57 of 2003 – PN 68 inPG 3091 of 24 July 2020 – Withdrawal of declaration of the Orabeni and Kasma Nature Reserves”.

North West

  1. “Spatial Planning and Land Use Management Act 16 of 2013 – LAN 55 in PG 8122 of 30 June 2020 – Mamusa Local Municipality – Land Use Scheme, 2020”

For comment

  • “National Environmental Management Act 107 of 1998 – GN 785 in GG 43528 of 17 July 2020 – Amendment of the procedure to be followed in applying for environmental authorisation for large scale wind and solar photovoltaic energy development activities identified in terms of s. 24 (2) (a) of the Act published in GN 114 in GG 41445 of 16 February 2018” – for comment;
  • “National Environmental Management Act 107 of 1998 – GN 786 in GG 43528 of 17 July 2020 – Identification of geographical areas of strategic importance for the development of large scale wind and solar photovoltaic energy facilities “- for comment;
  • “National Environmental Management Act 107 of 1998 – GN 787 in GG 43528 of 17 July 2020 – Geographical areas of strategic importance for the development of electricity transmission and distribution infrastructure and to repeal GN 113 in GG 41445 of 16 February 2018” – for comment; and,
  • “National Environmental Management Act 107 of 1998 – GN 788 in GG 43528 of 17 July 2020 – Identification of geographical areas of strategic importance for the development of geographical areas important for the development of strategic gas transmission pipeline infrastructure” – for comment.

Eastern Cape

  • “Spatial Planning and Land Use Management Act 16 of 2013 – LAN 112 in PG 4420 of 13 July 2020 – Kouga Local Municipality – Draft Spatial Development Framework (SDF)” – for comment.

Cases

  • South African Association for Water User Associations and Others v Minister of Water and Sanitation and Others; CJ Lotter N.O. and Others v Minister of Water and Sanitation and Others; FGJ Wiid and Others v Minister of Water and Sanitation and Others (71913/2018; 42072/2018; 90498/2018) [2020] ZAGPPHC 252 (19 June 2020) “Summary: Section 25 of National Water Act 36 of 1998 – Meaning Declaratory Orders – whether on a proper interpretation reference to property within the vicinity and to other land refers to property or land owned by another person or a third party- whether a holder of a water use entitlement is permitted to sell such entitlement to another person or a third party. – section 25 of National Water Act does not make reference to another person or to a third party and does not permit sale of water use entitlement.”
  • MEB Energy (Pty) Ltd v Ndlambe Local Municipality and Others (871/2020) [2020] ZAECGHC 70 (7 July 2020) Bid for RO Plant Kowie River – change of specifications – waste water treatment plant – water need –competitive bidding process – tender declared unlawful

Interesting reads

  • Henrico R “Legislative administrative action and the limited extent of public participation” 2020 Journal of South African Law 49

Biodiversity

  • Lemine BJ “Developing a strategy for efficient environmental authorisation of activities affecting wetlands in South Africa: towards a wise-use approach” 2020 41 Obiter 154
  • Sefela G “The proposed amendment to the definition of “veldfire” as articulated by the National Veld and Forest Fire Amendment Bill [B22–2016]” 2020 41 Obiter 138
  • IAIA Blog: Bancroft D “Eliminating Impact Assessment is Irresponsible” June 2020
  • Carnie T “Kruger Park ranger fired after rare antelopes die of thirst” Times Select 25 June 2020 [Legalbrief Environmental 30 June 2020]
  • Daily Maverick: Ho U “Aardvark starvation: Extreme drought killing off food sources” 9 July 2020
  • “OR Tambo customs officials seize rhino horns worth R117m” News24 14 July 2020
  • Lali V “Massive new land occupation on Cape Nature land in Mfuleni” GroundUp 14 July 2020
  • Daily Maverick: Desalegn H, Du Toit M and Mills G “Why Africa must become the Conservation Continent” 22 July 2020
  • Geach B “In photos: Standoff between police and occupiers of Cape Town nature reserve” GroundUp 24 July 2020
  • Environmental: Praise from US for work of SA advocate “A South African advocate has been recognised by the US for her role in capturing and prosecuting a wanted South Korean plant trafficker in Cape Town. The US Fish and Wildlife Service and the South African Endangered Species Unit worked together to successfully arrest the transnational fugitive last October.”

Climate and Energy

  • Bizcommunity: “Youth brings a fresh perspective to the renewable energy sector” 2 July 2020
  • Cova Advisory: Recording of Webinar: “Carbon tax reduction strategies: understanding the allowances” held 9 July 2020 now available on request
  • West E “Sasol to end its gas exploration near Bazaruto after robust pre-feasibility assessment” IOL 7 July 2020
  • “Negotiating a just transition from coal” Bizcommunity 10 July 2020
  • “Scrutiny of new carbon tax regulations can save firms millions” Engineering News 17 July 2020
  • Roff A et al “A vital ambition: Determining the cost of additional CO2 emission mitigation in the South African electricity system” (CSIR Report July 2020)
  • “South Africa set to launch carbon offset administration platform” Carbon Pulse 22 July 2020
  • “Msunduzi is choking on smoke and Minister Creecy needs to act – DA” IOL 25 July 2020

Mining

  • “Covid-19 calls for balance strategy for technical audits” Bizcommunity 3 July 2020
  • Murcott Melanie & Webster Emily “Litigation and regulatory governance in the age of the Anthropocene: the case of fracking in the Karoo” 2020 11(1-2) Transnational Legal Theory 144-164 https://doi.org/10.1080/20414005.2020.1777037
  • “Proposed reporting standard for oil and gas” Bizcommunity 8 July 2020
  • Hawks seize chrome stockpiles, excavator in raid on illegal mining operation in Limpopo” TimesLive 25 July 2020
  • Energy: Nuclear decommissioning policy proposals out for comment “A discussion paper exploring nuclear facility decommissioning policy options was released yesterday, with the aim of eliciting stakeholder feedback on ‘potential issues’ with the prevailing decommissioning regime and ways of improving it. Its proposals appear to target uranium mines, since the Koeberg nuclear power plant is apparently expected to continue operating for another 60 years – with ‘financial provision’ being ‘accumulated as required’ for decommissioning and used fuel management. ‘Based on a 40-year operational life’, decommissioning is scheduled for ‘after 2025’.” Read full report in Legalbrief Policy Watch 22 July 2020

Water, oceans, waster, and chemicals

  • Viljoen Germarié “Critical perspectives on South Africa’s groundwater law: established practice and the novel concept of public trusteeship” 2020 Journal of Energy & Natural Resources Law DOI: 10.1080/02646811.2020.1775389
  • General: Water-use licence turnaround welcomed by expert “Achieving a 90-day turnaround for the water-use licence application (Wula) process will be a welcome step for the struggling economy, according to SRK Consulting principal scientist Jacky Burke. Changes will be necessary, though, before the regional and national offices can make a 90-day process a reality, Burke noted, according to a media statement yesterday. ‘It remains vital that the licences issued in this 90-day process will in fact still serve the purpose of protecting our water resources; this means the licence cannot be too generic but should be specific to the activity or operation being authorised, and take into account the specific catchment requirements,’ she said. ‘A shorter processing window is certainly the right approach to support getting our Covid-impacted economy back on its feet.’ She said it would also provide real socio-economic benefit to water users – particularly emerging water users – and surrounding communities. The Department of Water and Sanitation recently revised the regulations on Wula procedures, following a State of the Nation declaration by President Cyril Ramaphosa in February. He announced that water-use licences should be processed in 90 days, rather than the 300 days prescribed by previous regulations.” Legalbrief 9 July 2020
  • Carnie T “Why is Durban splurging R50 million on a sea pier extension?” GroundUp 15 July 2020
  • Walters T “The Age of Plastemic: Tiny plastic particles are infecting the remotest oceans and mountains via aerial transmission” Daily Maverick 14 July 2020
  • “Department tightens grip on water polluters” SANews 16 July 2020 [Legalbrief Environmental 21 July 2020]

Webinars/courses

  • UCT: Webinar: Public Participation for Environmental Governance Date: 10 to 14 August Time: 9:00-12:00 SAST This webinar course will deliver a thorough grounding in the fundamental principles and best practice techniques for effective public participation in environmental governance.
  • IAIAsa: Short Course for Wetland Assessments (tools for wetland assessments). 17- 21 August. Click here for more information.

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