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

Bills before Parliament.

  1. “National Environmental Management Laws Amendment Bill (B12-2017)”;and,
  2. “National Forests Amendment Bill (B11-2016)”.

Notices

  1. “National Environmental Management: Waste Act 59 of 2008 – GN 56 in GG 44116 of 28 January 2021 – Environment – National Waste Management Strategy 2020”;
  2. “National Water Act 36 of 1998 – GN 1289 in GG 43962 of 4 December 2020 – Determination of Classes of Water Resource and Associated Resource Quality Objectives for the Berg Catchment published in GN 1179 in GG 43872 of 6 November 2020 corrected”; and,
  3. “National Environmental Management: Air Quality Act 39 of 2004 – GN 10 in GG 44065 of 11 January 2021: Regulations: Phasing-out and management of ozone depleting substances in South Africa – Amendment”.

Gauteng

  1. “National Environmental Management Act 107 of 1998 – PN 44 in PG 4 of 13 January 2021 – Gauteng Environmental Implementation Plan 2020-2025”.

Western Cape

  1. “National Environmental Management Act 107 of 1998 – PN 127 in PG 8359 of 26 November 2020 – Western Cape Environmental Implementation Plan 2020-2025”;
  2. “Western Cape Land Use Planning Act 3 of 2014 – PN 9 in PG 8382 of 11 February 2021 – Western Cape Land Use Planning Regulations, 2015 – Proposed Amendment of the Western Cape Provincial Spatial Development Framework, 2014”;and,
  3. “Western Cape Land Use Planning Act 3 of 2014 – PN 10 in PG 8383 of 11 February 2021 – Department of Environmental Affairs and Development Planning – Authorisation to deviate from provisions of s 44(2)(b) of the Act”.

For comment

  1. “National Environmental Management: Air Quality Act 39 of 2004 – GN 1283 in GG 43962 of 4 December 2020 – Draft Methodological Guidelines for Quantification of Greenhouse Gas Emissions – Carbon Sequestration in the Forestry Industry – for comment”.

Gauteng

  1. “National Environmental Management: Waste Management Act 59 of 2008 – PN 678 in PG 235 of 27 November 2020 – Draft Gauteng Industry Waste Management Plan for the Informal Waste Industry – for comment”;
  2. “Spatial Planning and Land Use Management Act 16 of 2013 – Gen Notice 114 in PG 10 of 27 January 2021 – West Rand District Municipality – Draft Spatial Development Framework (2020) published for comment”; and,
  3. “Spatial Planning and Land Use Management Act 16 of 2013 – Gen Notice 115 in PG 10 of 27 January 2021 – Rand West City Local Municipality – Draft Spatial Development Framework (2018) – for comment”.

Guidelines

The Species Environmental Assessment Guideline (which was designed to support implementation of the Terrestrial Plant and Animal Species Protocols) is now available on SANBI’s website. So is a Comments and Response Report, which explains how SANBI addressed the comments and concerns raised regarding the initial draft of the Guideline, which was published for public comment in March 2020.

Interesting Cases

Mineral Sands Resources (Pty) Ltd and Others v Reddell and Others Case No 7595/2017 Western Cape High Court Division – delivered 9 February 2021

“[1] This matter involves exceptions to two special pleas which introduce a novel Strategic Litigation Against Public Participation (SLAPP) defence … Two related mining companies and their directors, are suing three environmental attorneys as well as three community activists for defamation, and damages in the in the sum of R14,25 million, alternatively the publication of apologies. The two mining companies are involved in the exploration and development of major mineral sands projects in South Africa, and are referred to as the Tormin Mineral Sands Project and the Xolobeni Mineral Sands Project. Second plaintiffs are in the employ of the mining companies inter alia as director and executive chairman. The main issue to be determined in this matter are two substantially identical special pleas raised by the defendants in each of the three separate actions. The respective mining companies in each of these three actions are the excipients to the two special pleas.” …

“[67] The right to freedom of expression, robust public debate and the ability to participate in public debates without fear is essential in any democratic society. I am accordingly satisfied that this action matches the DNA of a SLAPP suit. Consequently, the first set of special pleas (the SLAPP suit defence) constitute a valid defence to the action, and the first set of exceptions falls to be dismissed

Interesting reads

Biodiversity

  • Skowno AL, Jewitt D and Slingsby JA “Rates and patterns of habitat loss across South Africa’s vegetation biomes” https://doi. org/10.17159/sajs.2021/8182
  • Fisher R “Possible causes of a substantial decline in sightings in South Africa of an ecologically important apex predator, the white shark” https://doi. org/10.17159/sajs.2021/8101
  • Murgatroyd M, Bouten W and Amar A “A predictive model for improving placement of wind turbines to minimise collision risk potential for a large soaring raptor” 2021 Journal of Applied Ecology https://doi.org/10.1111/1365-2664.13799
  • Daily Maverick: Carnie T “‘Silent horses’: Anti-poaching e-bikes charge into SA bushveld battle” 4 February 2021
  • Richards N “Skukuza ‘poaching’ court is back in business” The Citizen 4 February 2021 [Legalbrief 5 February 2021]

Environmental enforcement

  • Pollution: Cape Town modifies Diep River catchment directive. Full Cape Times report (subscription needed) Legalbrief Environmental 2 February 2021

Climate and Energy

  • Magubane K “Eskom anticipates 12 renewable projects with over 1000 MW capacity by year-end” fin24 19 January 2021 [Legalbrief Environmental 26 January 2021]
  • South African carbon tax could be too low, too limited to cut emissions –report” Carbon Pulse 5 February 2021
  • Winning A “SA plans three renewable energy rounds over the coming year” Moneyweb 25 January 2021 [Legalbrief Environmental 2 February 2021]
  • Bizcommunity: “SA needs to cut emissions by 60-75% by 2050 – PwC Net Zero Economy Index” 10 February 2021
  • Bizcommunity: Novotny P-A, Veeran J, Niven G and Collier K “The legal imperative behind ESG compliance and decarbonisation” 10 February 2021

Local Government

  • “Gauteng residents given a whiff of Mpumalanga Highveld pollution” CER 18 February 2021.

Water, waste, oceans and chemicals

  • DWS: Guideline for hydropedological Assessments and Minimum Requirements (January 2021) [IAIAsa News 2020/2021 | 29 Jan 2021]

Workshops and webinars

  • IMBEWU’s Environmental Law Update Workshop
    Online course: To book, email sam@imbewu.co.za or call us on 011 214 0660
    For more information about the course consult the website.

Pin It on Pinterest

Share This