LEGAL UPDATES DECEMBER 2017

Environmental Related Updates

Call on the Paper and Packaging Industry, Electrical and Electronic Industry and the Lighting Industry to prepare and submit Industry Waste Management Plans for Approval

Date: 6/12/2017

Government Gazette No.: 41303

Notice No.: 1353

Minister of Environmental Affairs, published a notice calling on the Paper and Packaging Industry, Electrical and Electronic Industry and the Lighting Industry to prepare and submit Industry Waste Management Plans for Approval.

The purpose of the notice is to require a producer to prepare and submit an industry waste management plan to the Minister for approval within the stipulated time-frame.

Affected Parties

This notice applies to all producers meaning, any person or category of persons or a brand-owner who is engaged in the commercial manufacture, conversion, refurbishment or import of new and/or used-

1. Paper meaning, any substance made from wood pulp, rags, straw, or other fibrous material used for writing, printing, or as a wrapping material; and packaging material meaning, any material, container or wrapping, used for the containment, transport, handling, protection, promotion, marketing or sale of any product or substance, which may be primary packaging, containing the actual product or secondary packaging, typically containing products already packaged in primary packaging but excludes-

(a) shipping containers used solely for the transportation of any consumer commodity in bulk to manufacturers, packers, or processors, or to wholesale or retail distributors thereof;

(b) packaging made of timber and textile; or

(c) plastic pallets and industrial bulk containers (IBC's) with a capacity exceeding 1000 litres.

2. Lighting equipment meaning, electrical or electronic equipment used for producing artificial light or illumination;
3. Electrical and electronic equipment meaning, equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurements of such currents and fields;
4. Goods wrapped in primary or secondary packaging material, which are intended for distribution in the Republic of South Africa;

and covers waste which arises from the use by end users.

Applicability to Organisations

Registration: 
Producers are required to register within 2 months, i.e. by 6 February 2018 with the Minister.

A group of producers operating in the sectors implicated in this notice may establish a producer responsibility organisation for the development and implementation of an industry waste management plant. Such a producer responsibility organisation must register as a non-profit company and register with the Minister within 2 months, i.e. by 6 February 2018.

Submission of Industry Waste Management Plans:
A producer must submit an industry waste management plan to the Minister for approval within 9 months, i.e. by September 2018 OR subscribe to an industry waste management plan submitted to the Minister.

Industry Waste Management Plans must conform to the provision set out in section 6 of the notice.

Moreover the, content of a proposed industry waste management plan must be made subject to public participation by publishing a notice in at least 2 newspapers distributed nationally wherein details of the plan is set out and where written representations or objections can be sent to.

A producer must belong to an industry waste management plan approved by the Minister and ensure that such a plan is implemented.

Reference in Digilex

SA Environmental Suite > Legal Register > 4. Waste > 4.9 Waste Management Strategies and Industry Waste Management Plans > 4.9.2 Registration and Industry Waste Management Plans > 4.9.2.1 Paper and Packaging Industry, Electrical and Electronic Industry and the Lighting Industry

Health and Safety Updates

Amended notice of direction in terms of section 27(2) of the Act, read with regulation 3(4) of the General Safety Regulations

Date: 22/12/2017

Government Gazette No.: 41350

Notice No.: 1463

The Chief Inspector published a notice to inform the public, that as from the date of this notice, all applications for approval from a person or organisation who wants to provide First Aid training approved by the Chief Inspector, as referred to in Regulation 3 (4) of the General Safety Regulation published under Government Notice R1031 of 30 May 1986, will only be considered if it is accompanied by a valid accreditation document issued by the Quality Assurance Body that has been delegated the quality assurance responsibilities for First aid unit standards by the Quality Council for Trades & Occupations (QCTO), established in terms of section 26I (1) of the Skills Development Amendment Act, 2008, and has been authorised by the Chief Inspector to carry out such accreditation.

Affected Parties

All organisations, other than a mine or organisation falling on a mining area, that is required to appoint and train first aiders under the provisions of the General Safety Regulations.

Applicability to Organisations

First Aid Training Bodies, already registered with the Department of Labour, will after the promulgation of this notice, be granted 8 months to be accredited with the Quality Assurance Body as mentioned above. All service providers who fail to register within the given period will automatically be de-registered from the Department of Labour database and will no longer be recognized as legitimate service providers.

This notice is the correction to the previous notice issued on the 17 August 2017.

Reference in Digilex

SA Health and Safety Suite > Legal Library > O > Occupational Health and Safety Act > General Safety Regulations