Two cases caught our attention in the past month.
In the matter of United Manganese of Kalahari (Pty) Limited v Commissioner for the South African Revenue Service, welcome tax relief is provided to mining companies in finding that transport, insurance and handling costs are deductible when determining gross sales for the purposes of calculating the royalty payable to SARS in terms of the Mineral and Petroleum Resources Royalty Act 28 of 2008. For a short write-up by Tanya Calitz, please follow this link.

In the further matter of President of Agri Eastern Cape, Douglas Stern and Others v The Minister of Mineral Resources, the Eastern Cape High Court set aside the insertion of Regulations for Petroleum Exploration and Production (relating to Hydro-fracturing or “Fracking”) into the set of regulations under the Mineral and Petroleum Resources Development Act 28 of 1992 (MPRDA). The ruling was in our view expected as the promulgation of the regulations came with obvious procedural concerns, not least of which was the promulgation thereof under the MPRDA, instead of the NEMA. This was yet another avoidable own goal for the resources industry regulators.

Kind regards
Kenneth Cameron

NATIONAL LEGISLATION

Environmental and Mining

NATIONAL ENVIRONMENTAL MANAGEMENT ACT (15/2009): INTENTION TO APPOINT ENVIRONMENTAL ASSESSMENT PRACTITIONERS AS THE SINGLE REGISTRATION AUTHORITY
Published under GNR 953 on 01 September 2017
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NATIONAL FORESTS ACT (84/1998): NOTICE OF THE LIST OF PROTECTED TREE SPECIES UNDER THE ACT
Published under GNR 690 on 8 September 2017
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FERTILIZERS, FARM FEEDS, AGRICULTURAL REMEDIES AND STOCK REMEDIES ACT (36/1947): REGULATIONS RELATING TO FERTILIZERS
Published under GNR 972 on 8 September 2017
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NATIONAL WATER ACT (36/1998): NATIONAL NORMS AND STANDARDS FOR DOMESTIC WATER AND SANITATION SERVICES: VERSION 3-FINAL
Published under GNR 982 on 08 September 2017
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NATIONAL ENVIRONMENTAL MANAGEMENT ACT (15/2009): DRAFT REGULATIONS PROCEDURE FOR THE ADOPTION OF ENVIRONMENTAL MANAGEMENT INSTRUMENTS
Published under GNR 987 on 15 September 2017
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WATER SERVICES ACT (108/1997): DRAFT NORMS AND STANDARDS FOR LEVELS OF WATER AND SANITATION SERVICES
Published under GNR 1001 on 15 September 2017
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NATIONAL WATER ACT (36/1998): PROPOSED RESERVE DETERMINATION OF WATER RESOURCES FOR THE OLIFANTS AND LETABA CATCHMENTS
Published under GNR 1038 on 22 September 2017
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NATIONAL WATER ACT (36/1998): LIMITATING THE USE OF WATER FOR IRRIGATION, DOMESTIC AND URBAN PURPOSES FROM GOEDERTROUW, MGENI, KLIPFONTEIN, HLUHLUWE, AND LAKE MERTHELY SYSTEMS IN KWA-ZULU NATAL
Published under GNR 1039 on 22 September 2017
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THE NATIONAL WATER ACT (36/1998): LIMITING THE USE OF WATER IN TERMS OF ITEM 6 OF SCHEDULE 3 OF THE ACT
Published under GNR 1056 on 28 September 2017
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NATIONAL HERITAGE RESOURCES ACT (25/1999): SOUTH AFRICAN HERITAGE RESOURCES AGENCY: DECLARATION OF THE OWL HOUSE AND CAMEL YARD AS A NATIONAL HERITAGE SITE
Published under GNR 1044 on 29 September 2017
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NATIONAL HERITAGE RESOURCES ACT (25/1999): DECLARATION OF THE EVANGELICAL LUTHERAN CHURCH COMPLEX AS NATIONAL HERITAGE SITE
Published under GNR 1045 on 29 September 2017
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NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT (59/2008): WITHDRAWAL OF THE INTEGRATED INDUSTRY WASTE TYRE MANAGEMENT PLAN OF THE RECYCLING AND ECONOMIC DEVELOPMENT INITIATIVE OF SOUTH AFRICA
Published under GNR 1063 on 29 September 2017
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NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT (59/2008): WASTE TYRE REGULATIONS, 2017
Published under GNR 1064 on 29 September 2017
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PROVINCIAL LEGISLATION

Eastern Cape

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): CORRECTION NOTICES FOR PRIVATE LANDS DECLARED AS PART OF COMPASSBERG AND RENOSTERBERG PROTECTED ENVIRONMENT
Published under PN 191 on 11 September 2017
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Limpopo

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): INTENTION TO DECLARE ATTACHED RESPECTIVE LAND PARCELS AS NATURE RESERVES AND PROTECTED ENVIRONMENT
Published under PN 90 on 15 September 2017
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North West

PUBLICATION OF THE DRAFT NORTH WEST BIODIVERSITY MANAGEMENT REGULATIONS, 2017
Published under PN 181 on 5 September 2017
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Northern Cape

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): INTENTION TO EXPAND THE FOLLOWING NATURE RESERVE
Published under PN 135 on 11 September 2017
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): INTENTION TO EXPAND THE FOLLOWING NATURE RESERVES
Published under PN 135 on 11 September 2017
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Western Cape

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): DECLARATION OF STEENBRAS NATURE RESERVE
Published under PN 173 on 15 September 2017
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NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (57/2003): NOTICE OF AMENDMENT AND NOTICE OF INTENTION TO DECLARE TABLE BAY NATURE RESERVE
Published under PN 174 and 175 on 22 September 2017
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HERITAGE WESTERN CAPE: DECLARATION OF HERITAGE RESOURCES AS PROVINCIAL HERITAGE RESOURCES
Published under PN 176 of 22 September 2017
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HERITAGE WESTERN CAPE: DECLARATION OF HERITAGE RESOURCES AS PROVINCIAL HERITAGE RESOURCES
Published under PN 176 of 22 September 2017
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LOCAL LEGISLATION

Dawid Kruiper Municipality

WATER SERVICES AMENDMENT BY-LAW
Published under PN 115 on 4 September 2017
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REFUSE REMOVAL BY-LAW
Published under PN 122 on 4 September 2017
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Eden District Municipality

DISTRICT WASTE MANAGEMENT BY-LAW
Published under GN 7818 on 1 September 2017
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Stellenbosch Municipality

NOTICE IN TERMS OF THE WATER SERVICES BY-LAW
Published under GN 7827 on 22 September 2017
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