Dear clients and subscribers

On 18 December 2013, another National Environmental Management Laws Amendment Act saw the light (Act 30 of 2013). One of the amendments to be effected by this Act relates to the powers of the Minister and MEC's to develop or adopt norms or standards in terms of section 24(10)(a)(i) of the NEMA. This brings to mind the norms and standards published during 2013 in terms of the NEM: Waste Act. Despite holding potentially extraordinary onerous implications for countless industries, these norms and standards are in our view vague on many counts.

In the matter of United Democratic Front and Another v State President and Others 1987 (3) SA 296 (N), the court was required to consider the validity of certain regulations. The court held, amongst others, as follows:

"It is not enough that a person to whom the regulation might apply is able to conclude that a certain set of facts will definitely fall within its ambit: he must be able to ascertain its limits and to know with reasonable certainty what he must refrain from doing and what sort of prejudice he must avoid. …, he must know where the line has to be drawn."

Where subordinate legislation harshly affects existing rights, but at the same time does not properly convey what is required of those affected by it, the alarm bells must ring. Only time will tell if the norms and standards issued in terms of the NEM: Waste Act will pass this test, or, if it will be placed to this test at all.

This raises another, equally important point. That is, that the interpretation of Environmental Law is most often done in terms of case law precedents which have little or nothing to do with the environment as such.

Regards
Kenneth Cameron
(kcameron@macrobert.co.za)

environmental LEGISLATION

1. National Legislation

NATIONAL HERITAGE RESOURCES ACT (25/1999): DECLARATION OF UNION BUILDINGS (PORTIONS OF THE FARM ELANDSPOORT 357-JR), CITY OF TSHWANE, GAUTENG; 120 PLEIN STREET, CAPE TOWN (LOCATED ON ERF 3742, 3745-3746 AND 9240, CAPE TOWN) AND TUYNHUYS (LOCATED ON ERF 95165, CAPE TOWN), PARLIAMENTARY PRECINCT, CAPE TOWN,
WESTERN CAPE
Published under GNR 931 on 02 December 2013
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NATIONAL ENVIRONMENTAL HEALTH POLICY: FOR GENERAL INFORMATION
Published under GNR 951 on 04 December 2013
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AGRICULTURAL PESTS ACT (36/1983): CONTROL MEASURES: AMENDMENT
Published under GNR 1002 on 20 December 2013
» Read more

AGRICULTURAL PESTS ACT (36/1983): REGULATIONS: AMENDMENT
Published under GNR 1003 on 20 December 2013
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ACT NO. 30 OF 2013: NATIONAL ENVIRONMENTAL MANAGEMENT LAWS SECOND AMENDMENT ACT, 2013
Published under GNR 1019 on 18 December 2013
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2. Provincial Legislation

Eastern Cape

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): INTENTION TO DECLARE NATURAL RESERVES AND PROTECTED ENVIRONMENT
Published under PN 287 on 13 December 2013
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Kwazulu Natal

LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT (32/2000): MPOFANA LOCAL MUNICIPALITY: BY-LAWS RELATING TO ELECTRICITY SUPPLY
Published under PN 64 on 06 December 2013
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Mpumalanga

MPUMALANGA NATURE CONSERVATION ACT (10/1998): MPUMALANGA TOURISM AND PARKS AGENCY: PROCLAMATION TO AMEND THE DEFINITION OF THE GEOGRAPHICAL AREAS COMPRISING THE PROVINCIAL NATURE RESERVES
Published under PN 441 on 06 December 2013
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SPATIAL LAND USE MANAGEMENT ACT, 2013: GOVAN MBEKI LOCAL MUNICIPALITY: INVITATION FOR COMMENTS ON THE GOVAN MBEKI DRAFT SPATIAL DEVELOPMENT FRAMEWORK 2014
Published under PN 210 on 20 December 2013
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MPUMALANGA NATURE CONSERVATION ACT (10/1998): PROCLAMATION IN TERMS OF THE ACT
Published under PN 447 on 19 December 2013
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Northern Cape

NORTHERN CAPE PLANNING AND DEVELOPMENT ACT (7/1998): IKHEIS LOCAL MUNICIPALITY: PREPARATION OF MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORK
Published under PN 130 on 09 December 2013
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NORTHERN CAPE PLANNING AND DEVELOPMENT ACT (7/1998): NAMA KHOI LOCAL MUNICIPALITY: PREPARATION OF A LAND DEVELOPMENT PLAN / MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORK
Published under PN 131 on 09 December 2013
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NORTHERN CAPE PLANNING AND DEVELOPMENT ACT (7/1998): REVIEW OF MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORK
Published under PN 135 on 16 December 2013
» Read more

Western Cape

BERGRIVIER MUNICIPALITY: AIR POLLUTION CONTROL BY-LAW
Published under a general provincial notice on 06 December 2013
» Read more

CITY OF CAPE TOWN: NATURE CONSERVATION, DECLARATION OF RESERVE, ALSFONTEIN
Published under PN 429 on 13 December 2013
» Read more