Dear clients and subscribers

We hold our collective breath every time General Authorisations (GA's) in terms of the National Water Act (NWA) are issued or amended. To date we have been saddled with certain GA's that make little contextual sense, such as the GA in respect of section 21(g) of the NWA, which in our view unlawfully regulates storage, instead of disposal. The GA for section 21(f) defines "complex industrial wastewater", but does not regulate such wastewater at all. The anomaly that proves perhaps most challenging to our clients, relates to the "requirement" to obtain a water use license for activities within 500m of a wetland. While the Department insists that the current GA relating to sections 21(c) and 21(i) imposes such a licensing requirement, we are of the express view that it does not.

We have yet to comprehensively review the further recent changes effected by GN 665 of 6 September 2013 to certain GA's. However, it does not appear that any of the issues noted above have been addressed. On the lighter side, we suggest an amendment to the creative grammar in the new section 1.12(c), amongst others.

We note that we have numerous new subscribers to this newsletter this month. If you have missed any of the previous issues, you can access them via the links provided on the right-hand bar.

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

environmental LEGISLATION

1. National Legislation

NATIONAL WATER ACT (36/1998): REVISION OF GENERAL AUTHORISATIONS IN TERMS OF SECTION 39 OF THE ACT
Published under GNR 665 on 06 September 2013
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MARINE LIVING RESOURCES AMENDMENT BILL, 2013: PUBLICATION OF THE EXPLANATORY SUMMARY
Published under GNR 942 on 12 September 2013
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NATIONAL WATER ACT (36/1998): OLIFANTS WATER MANAGEMENT AREA: LIMITING THE USE OF WATER FOR URBAN, IRRIGATION AND INDUSTRIAL (INCLUDING MINING) PURPOSES FROM THE MIDDELBURG DAM
Published under GNR 685 on 13 September 2013
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NATIONAL FORESTS ACT (84/1998): DECLARATION OF PARTICULAR GROUPS OF TREES "CHAMPION TREES"
Published under GNR 677 on 13 September 2013
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NATIONAL FORESTS ACT (84/1998): DECLARATION OF STATE FORESTS IN MPUMALANGA AS FOREST NATURE RESERVES UNDER SECTION 8(1)
Published under GNR 673 on 13 September 2013
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2. Provincial Legislation

Eastern Cape Province

NUISANCE BY-LAW
Published under PN 72 on 13 September 2013
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REFUSE REMOVAL BY-LAW
Published under PN 72 on 13 September 2013
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KwaZulu Natal Province

AMAFA/HERITAGE/ERFENIS KWAZULU-NATAL: CONSIDERING OF PERMIT APPLICATIONS FOR ACTIONS ON PROPERTIES/SITES
Published under PN 148 on 5 September 2013
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AMAFA/HERITAGE/ERFENIS KWAZULU-NATAL: CONSIDERING OF PERMIT APPLICATIONS FOR ACTIONS ON PROPERTIES/SITES
Published under PN 156 on 19 September 2013
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KWAZULU-NATAL NATURE CONSERVATION MANAGEMENT ACT (9/1997): NOMINATION OF PERSONS TO BE APPOINTED TO THE KWAZULU-NATAL NATURE CONSERVATION BOARD
Published under PN 159 on 26 September 2013
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Northern Cape Province

NORTHERN CAPE HERITAGE RESOURCES AUTHORITY BILL, 2013: FOR PUBLIC COMMENT
Published under PN 93 on 5 September 2013
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Western Cape Province

WESTERN CAPE NATURE CONSERVATION BOARD: DECLARATION OF THE BLUE HILL NATURE RESERVE
Published under PN 314 on 20 September 2013
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WESTERN CAPE NATURE CONSERVATION BOARD: DECLARATION OF THE KROMRIVIERKLOOF NATURE RESERVE
Published under PN 315 on 20 September 2013
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Occupational and Mine Health and Safety Law

NATIONAL HEALTH ACT (61/2003): NATIONAL NORMS AND STANDARDS RELATING TO ENVIRONMENTAL HEALTH
Published under GNR 943 on 20 September 2013
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