ENVIRONMENTAL

National Forests Act: Regulations: Amendments

Marine Living Resources Act: Policy on the Allocation and Management of Rights to operate Fish Processing Establishments; and Policy for the Transfer of Commercial Fishing Rights: Extension of deadline for comments

National Environmental Management Act:Regulations: Environmental Impact Assessment: Amendment

HEALTH AND SAFETY

Compensation for Occupational Injuries and Diseases Act: Amendment of Schedule 4: Manner of calculating compensation

Occupational Health and Safety Act:Incorporation of National Code of Practice

SECURITY

Private Security Industry Regulations Act and Security Officers Act: Regulations: Annual fee increase: Amendment

TRANSPORTATION

Railway Safety Act 30 of 2024-Updates

Economic Regulation of Transport Amendment Bill: Draft

ENVIRONMENTAL

LAW AND TYPE OF NOTICE

National Forests Act: Regulations: Amendments

G 51847 RG 11782 GoN 5650

APPLIES TO: 

1.     Forestry and Logging: Companies involved in the harvesting of timber and other forest products.

2.     Tourism and Recreation: Businesses offering recreational activities such as hiking, camping, and eco-tourism within national forests.

3.     Mining and Quarrying: Operations that extract minerals and other resources from forested areas.

4.     Agriculture: Activities related to farming and livestock grazing within or near national forests.

5.     Conservation and Environmental Services: Organizations focused on the conservation of biodiversity and sustainable use of forest resources.

6.     Energy: Companies involved in the development of renewable energy projects, such as biomass energy, within forest areas.

SUMMED UP:

Key amendments:

• Definitions: The proposed amendments introduce new definitions and clarify existing ones to better align with current practices and legal standards.
• Sustainable Forest Management: The amendments place a stronger emphasis on climate change adaptation, community-based management, and international best practices.
• Licensing Procedures: The proposed amendments streamline the application process, introduce digital submission options, and enhance the criteria for granting licenses.
• Protection Measures: The amendments expand the list of protected species and areas, and introduce stricter regulations on activities affecting these resources.
• Data Collection: The amendments mandate digital data submission and encourage international collaboration for data sharing and analysis.
• Community Involvement: The amendments emphasize greater community participation and provide support for community forestry projects.
• Enforcement and Compliance: The amendments introduce stricter penalties, enhanced powers for forest officers, and new enforcement mechanisms.
• Offences and Penalties: The amendments increase fines and imprisonment terms, and introduce community service as an alternative penalty.

FULL TEXT

DETAILS

The Amendments are set out in red below:

GNR.466 of 29 April 2009:  Regulations
(Government Gazette No. 32185)

DEPARTMENT OF WATER AFFAIRS AND FORESTRY

The Minister of Water Affairs and Forestry has under section 53 of the National Forests Act, 1998 (Act No. 84 of 1998), made the Regulations in the Schedule.

SCHEDULE

CHAPTER 1
DEFINITIONS

CHAPTER 2
SUSTAINABLE FOREST MANAGEMENT

CHAPTER 3
MEASURES

CHAPTER 4
LICENCES

CHAPTER 5
PROTECTION OF TREES AND FORESTS

CHAPTER 6
INFORMATION

CHAPTER 7
SERVITUDES

CHAPTER 8
COMMUNITY FORESTRY AGREEMENTS

CHAPTER 9
ENFORCEMENT

CHAPTER 10
OFFENCES AND PENALTIES

CHAPTER 11

ADMINISTRATION AND PROCESSING OF APPEALS

25A      Application

25B      Establishment of Appeals Committee

25C      Submission of appeal

25D      Responding to an appeal

25E       Additional Information

25F       Decision on appeal

25G      Processing of appeal

25H      Extension or Condonation of timeframes

25I        Complex Appeals

25J       Delivery of documents

25K      Reckoning of days

CHAPTER 1
DEFINITIONS

1.   Definitions.

In these regulations any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned and, unless the context otherwise indicates—

“access” means entry into and use of roads and other structures in State forests and other forests;

“Appeal Administrator” means the holder of an office in the Department, as defined in the Act, that administers an appeal on behalf of the Appeal Authority;

Appeal Authority” means the Minster, as defined in the Act;

“Appeals Committee” means the committee constituted in terms of section 57A(2) of the Act;

“Appellant” means any person who is aggrieved by an administrative decision or action of the delegated authority taken in terms of the Act and who has submitted an appeal in terms of section 57A of the Act;

“applicant” means a person applying for a licence under these regulations;

“dispose of” means to get rid of in an environmentally acceptable way;

“licensee” means the holder of a licence under these regulations;

“notice” means a notice published in the Government Gazette;

“owner” includes a manager or lessee of the owner;

“road” means any road, slip path, sledge path or foot path in or leading into a State forest;

“servitude” means a right, less than ownership, over another’s property;

“tariff” means a table of fixed charges;

“the Act” means the National Forests Act, 1998 (Act No. 84 of 1998);and

“the Regulations” means the Regulations under National Forests Act, 1998 (Act No. 84 of 1998) published under Government Gazette 32185 of on 29 April 2009.

CHAPTER 2
SUSTAINABLE FOREST MANAGEMENT

2.   Research.

(1)  Before commissioning research, the Minister may—

(a)give notice of the proposal to commission research and the subject matter of the research;

(b)invite comments, suggestions and objections to be submitted within a specified period; and

(c)consider the comments, suggestions and objections received in response to the notice.

(2)  The Minister commissions research by publishing a notice—

(a)recording the decision to commission the research,

(b)naming the person, persons or organisation that will conduct the research; and

(c)fixing the period for carrying out the research.

CHAPTER 3
MEASURES

3.   Measures of area, dimension, volume and mass for forest produce and forest products.

(1)  Calculations and measurements of area, dimension, volume and mass of forest produce or forest products must follow—

(a)units and symbols set by the Measuring Units and National Measuring Standards Act, 1973 (Act No. 76 of 1973) or applicable legislation;

(b)internationally accepted forestry practices where these are not in conflict with South African law or practice; or

(c)as directed by the Minister.

(2)  Where forest produce or a forest product—

(a)is irregularly shaped; or

(b)can for any reason not be accurately measured, the Minister may set rules and methods for—

(i)calculating estimates of area, dimension, volume or mass; and

(ii) applying rounded-off fractions and conversion factors based on average dimensions.

CHAPTER 4

LICENCES

4.   General

(1)  In every application for a licence brought in terms of the provisions of the Act, the requirements set out in these regulations for a licence must be followed, as well as contain the following information—

(a)the personal details of the applicant, including—

(i)the name;

(ii)the addresses;

(iii)identity number;

(iv)contact telephone numbers;

(v)email address;

(vi)gender; and

(vii)race.

(b)the activity for which the licence is being applied for;

(c)the area where the activity will take place; and

(d)the period for which the licence is required for.

(2)  In every application for a licence brought in terms of the provisions of the Act by a person who claims to be applying on behalf of a community or other legal entity, the applicant must state—

(a)the name of the community or entity and its location or relationship with respect to the State forest;

(b)whether or not the community or entity is a party to a community forestry agreement under section 30 of the Act;

(c)whether or not the community is a communal property association under the Communal Property Associations Act, 1996 (Act No. 28 of 1996); or

(d)if it is not a communal property association, the nature of the legal entity.

(3)  No application for a licence will be considered until an applicant submits proof that he or she has complied with the Acts referred to as a “specific environmental management Act” in the National Environmental Management Act, 1998 (Act No. 107 of 1998) or any other Act that is applicable to the application.

(4)  Any fee payable under section 55 (a) of the Act must be paid as soon as the licence is issued, and—

(a)if the licence is issued for a fixed period, the total amount for that period, unless the Minister has agreed to different terms; or

(b)if the licence is issued for an indefinite period, the total amount for that period or at intervals set by the Minister, but the period or intervals must be for at least three months.

(5)  No licensee may—

(a)in any way interfere with—

(i)the lawful exercise of any right granted to any person under licence issued under the Act or these regulations; or

(ii)any forest officer or official of the Department in the performance of his or her duties under the Act or these regulations;

(b)plant any weed or invasive plant in any area in respect of which a licence has been issued, unless permitted to do so in terms of the licence or any other law; and

(c)burn any live or dead tree, plant or vegetation without the consent and supervision of a forest officer or other authorised official of the Department.

(6)  Where a licensee has paid a fee as contemplated in section 55 (a) of the Act for a licence which has been issued for a fixed period and the Minister amends, suspends or cancels the licence in terms of the provisions of section 25 (2) (a) of the Act which amendment, suspension or cancellation was not due to any act or omission on the part of the licensee, the Minister must pay to the licensee the proportional amount of the unexpired period of the licence.

5.   Establishment and management of plantation

(1)  Any person, organ of State or organisation may apply to the Minister for a licence to establish and manage a plantation in a State forest.

(2)  An application contemplated in subregulation (1)—

(a)must be accompanied by a planting plan setting out—

(i)the name of the State forest;

(ii)the area proposed for planting trees;

(iii)the period for which the licence is needed; and

(iv)the type of trees to be planted; and

(b)may include other relevant information—

(i)which the applicant considers necessary to support the application; or

(ii)which the Minister requires.

6.   Felling of trees, removal of timber and cutting and removal of other forest produce.

(1)  Any person, organ of State or organisation may, if not a party to an agreement under sections 26, 27, 28 or 30 of the Act apply to the Minister for a licence to—

(a)fell trees and remove timber from a State forest; and

(b)cut and remove any other forest produce from a State forest.

(2)  The Minister may direct that—

(a)all timber or other forest produce that has been needlessly wasted in the felling, cutting or removal thereof must be valued; and

(b)the value contemplated in subparagraph (a) must be included in the price of the tree or other forest produce.

(3)  The Minister may direct any official in the Department to place a mark, electronic chip or any other form of identification on any standing tree or other forest produce already sold or being put up for sale.

(4)  No person may remove, destroy, deface or otherwise interfere with the mark, electronic chip or other identification referred to in subregulation (3), unless they have the consent of a forest officer.

(5)  Except for persons who are—

(a)licensed under section 7 (4) or 23 (1) (b) of the Act;

(b)exempted under section 7 (1) (b) (ii) or 24 (6) of the Act; or

(c)parties to an agreement contemplated in sections 26, 27, 28 or 30 of the Act,

no person may remove any tree or other forest produce from a State Forest, unless—

(i)it has been marked or otherwise identified by the Minister;

(ii)the removal thereof has been authorised by a forest officer where the tree or other forest produce can for any reason not be marked or identified; or

(iii)the contract of sale for the tree or other forest produce stipulates otherwise.

(6)  Any trees or other forest produce that must be marked or identified under this regulation, must be stacked, or presented in such a manner that the trees or forest produce is easily and safely accessible to the forest officer.

(7)  Where the trees or other forest produce is not stacked as set out in subregulation (6), the forest officer may—

(a)refuse to mark or identify it; and

(b)stop its removal until it has been properly stacked and marked or identified.

7.   Use of land, structures or buildings for agricultural, domestic, residential, industrial, communications, transportation or commercial purposes.

(1)  Any person, organ of State or organisation may apply to the Minister for a licence for the use of land for agricultural, domestic, residential, industrial, communications, transportation or commercial purposes.

(2)  An application contemplated in subregulation (1) must—

(a)briefly describe the area prior to the commencement of the activity;

(b)describe any anticipated environmental impacts and proposed mitigation measures; and

(c)state whether the application for a licence falls under a servitude.

(3)  The licensee must maintain the land, building or structure in a neat condition during the licence period.

(4)  No licence which has been applied for under this regulation may be granted, unless—

(a)tenders have been called for; or

(b)the Minister has by notice done away with the requirement for tenders.

8.   Use of roads in State forest

(1)  Any person, organ of State or organisation may apply to the Minister for a licence to make use of roads in a State forest.

(2)  An application for a licence brought in terms subregulation (1) must—

(Editorial Note: Wording as per original Government Gazette. It is suggested that the phrase “in terms subregulation (1)” is intended to be “in terms of subregulation (1)”.)

(a)state the purpose for the use;

(b)describe the type of vehicle that will be used on the road;

(c)the period of the use; and

(d)state how frequent the vehicle will use the road.

(3)  Except for a State forest managed in terms of an agreement under section 27 of the Act and a licence granted under subregulation (1), the Minister may at any time, without being liable to any person for any damages—

(a)close any road in a State forest;

(b)prohibit or restrict the use of any road in a State forest—

(i)for a fixed or indefinite period;

(ii)by a particular type of vehicle, animal, equipment or machinery; or

(iii)for any particular purpose; and

(c)regulate the use of any road within a State forest by traffic signs and other measures.

9.   Construction of any road, building or structure

(1)  Any person, organ of State or organisation may apply to the Minister for a licence to construct any road, building or other structure.

(2)  The Minister must approve the building plan or plans for the construction of any road, building or structure.

(3)  An application for a licence brought in terms of subregulation (1) must—

(a)indicate whether the structure to be constructed will be a temporary or a permanent structure;

(b)define the construction phases and the duration of each phase; and

(c)include the design plans, a site map, specifications and a description of the construction method to be used.

10.   Grazing or herding of animals

(1)  Any person, organ of State or organisation may apply to the Minister for a licence to graze or herd animals in a State forest.

(2)  An application for a licence brought in terms of subregulation (1) must—

(a)state the number and describe the type of animals that will graze or be herded;

(b)describe the mark with which the animals are branded; and

(c)indicate whether the animals have been treated for pests or other diseases and if so, indicate when they were treated.

(3)  No licence may be issued under this regulation in respect of a State forest which has a natural forest or protected area in it, unless—

(a)the Minister is of the opinion issuing the licence will not have a harmful effect on the forest or area;

(b)it is compatible with the management plan or rules of that forest or area; and

(c)the management plan or rules of the forest or area allow otherwise.

(4)  In addition to any other licence conditions, the Minister may—

(a)set the number and type of animal that may graze or be herded;

(b)demarcate the area where the grazing or herding may take place;

(c)set out the manner in which the area referred to in paragraph (b) will be managed; and

(d)fix seasons when grazing or herding may take place.

(5)  A licence issued under this regulation must be regarded as having been cancelled if a State forest, or part of it, becomes a protected area under the provisions of the Act or any other law and the activity under subregulation (1) is in contravention of section 24 (5) of the Act.

11.   Use of land for cultivation purposes

(1)  Any person, organ of State or organisation may apply to the Minister for a licence to clear, plough or cultivate land in a State forest for the growing of crops.

(2)  A license issued under this regulation must—

(a)define the area for which it is granted;

(b)describe the types of crops that may be grown in the area;

(c)indicate whether insecticides will be used, and if so, describe the type and amount to be used; and

(d)set out conditions to ensure that the clearing, ploughing or cultivation is not harmful to the environment.

(3)  No licence which has been applied for under this regulation may be granted if the land intended for clearing, ploughing or cultivation is in an area protected under the Act or any other law.

12.   Hunting and Fishing.

(1)  Any person, organ of State or organisation may apply to the Minister for a licence to hunt, catch or kill any game, bird, insect, freshwater fish or other animal in a State forest.

(2)  An application brought in terms of subregulation (1) must describe the purpose for which the activity is applied for.

(3)  No licence will be granted under this regulation unless the applicant has complied with the requirements of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) and any other applicable legislation dealing with the protection and preservation of species and habitats.

13.   Use of State forest for recreational, educational, cultural or spiritual purposes.

(1)  Any person, organ of State or organisation may apply to the Minister for a licence to use State forest land, for recreational, educational, cultural or spiritual purposes.

(2)  If the activity applied for is for the use of a State forest in order to conduct research for educational purposes, the applicant must—

(a)describe the type and quantity of samples to be collected;

(b)describe the possible environmental impact of the activities and planned mitigation; and

(c)define the research topic and the institution under who’s auspice the research is being conducted.

14.   Mining

(1)  Any person, organ of State or organisation may apply to the Minister for a licence to carry out any activity in a State forest that may lawfully be required for prospecting or mining of precious or base minerals.

(2)  An application for a licence brought in terms of subregulation (1) must—

(a)define the trees and forest produce to be affected; and

(b)describe the method to be used for mining;

(c)describe the mitigation measures to be employed when mining.

(3)  No licence which has been applied for may be granted under this regulation unless the application is accompanied by a prospecting permit or mining authorisation, issued under the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002).

CHAPTER 5
PROTECTION OF TREES AND FORESTS

15.   Licences for activities in respect of indigenous trees in natural forests or their products.

(1)  Any person, organ of State or organisation may apply to the Minister for a licence under section 7 (4) of the Act to do anything referred to in section 7 (1) (a) and (b) of the Act.

(2)  An application for a licence brought in terms of subregulation (1) must—

(a)state the purpose for engaging in the activity applied for; and

(b)name and define the quantity of the trees.

16.   Licences for activities in respect of protected trees or forest products derived from protected trees.

(1)  Any person, organ of State or organisation may apply to the Minister for a licence to do anything referred to in section 15 (1) of the Act.

(2)  An application for a licence brought in terms of subregulation (1) must—

(a)state the purpose for engaging in the activity applied for; and

(b)name and define the quantity of the trees.

17.   Protection of forests, trees or group of trees

(1)  Any person, organ of State or organisation may apply to the Minister to protect a forest, tree or group of trees in terms of section 18 of the Act.

(2)  An application brought under subregulation (1) must—

(a)identify the forest or trees to be protected,

(b)identify the land or area where the forest or trees to be protected occur;

(c)attach a map showing the location; and

(d)provide the reasons for applying for protection.

18.   Setting aside of protected areas on private land.

(1)  A registered owner of land outside a State forest may—

(a)request the Minister; or

(b)give consent to the Minister,

to declare such land, or any part of it, a protected area in one of the categories listed in subparagraphs (i) to (iii) of section 8 (1) of the Act.

(2)  A request to the Minister under subregulation (1) must—

(a)clearly identify the area;

(b)set out in detail the nature of the fauna and flora in the area;

(c)fully set out the reasons why the protection is needed;

(d)identify the nature of any rights that other persons have over the land;

(e)be accompanied by a map of the area;

(f)state who will benefit from the protection and in what way; and

(g)contain any further relevant information.

(3)  If the owner needs financial or other assistance for the management of the protected area, he or she must, together with the request—

(a)state the nature, extent and duration of the assistance;

(b)set out how the assistance will be utilized;

(c)fully explain how the assistance will benefit the area, the public or the environment; and

(d)give all other relevant information.

(4)  The consent by the owner under section 8 (1) (c) of the Act must be in writing and may include suggestions on the proper management of the area.

CHAPTER 6
INFORMATION

19.   Collection of data.

(1)  The Minister may request—

(a)an owner, manager or lessee of a plantation, or any group of owners, managers or leessees; or

(b)a person who harvests, saws, processes or sells forest produce, to submit statistical returns on forms submitted to them by the Minister.

(2)  Information submitted under subregulation (1) must be for—

(a) the preceding period of one year from 1 July to 30 June;

(b)the most recent financial year; or

(c)such other period as the Minister may determine.

(3)  The request referred to in subregulation (1) must—

(a)state the date by which the information must be provided;

(b)be made at least one month before the end of the periods referred to in subregulation (2); and

(c)allow for a period of at least three months for the submission of the information.

20.   Collection of data on natural forests and woodlands

The Minister may enter into an agreement with any Province for the Province to submit to the Minster statistical returns for natural forests and woodlands situated within the Province.

CHAPTER 7
SERVITUDES

21.   Granting of servitudes and licensing of activities under servitudes

(1)  Any person may apply to the Minister in terms of section 26 (1) of the Act for the granting of a servitude in a State forest.

(2)  No activity under a servitude may be carried out before a licence in respect of the activity or activities under that servitude has been issued.

CHAPTER 8
COMMUNITY FORESTRY

22.   Community forestry assistance

(1)  A community or a person engaged in activities referred to in section 32 (1) of the Act may apply to the Minister for assistance.

(2)  The application—

(a)must—

(i)state the nature, extent and duration of the assistance;

(ii)state whether or not any assistance has been applied for or received from any other source;

(iii)set out how the assistance will be used; and

(iv)fully explain how the assistance will benefit the community, forest or the environment; and

(b)may include other relevant information which according to the community is necessary to support the application.

CHAPTER 9
ENFORCEMENT

23.   Proof of appointment of forest officers.

(1)  Proof of appointment of a forest officer must—

(a)be in writing;

(b)be headed with the words “Department of Water Affairs and Forestry”;

(c)show the signatures of the Director-General or of an official delegated by the Director-General; and

(d)include—

(i)the full names of the forest officer;

(ii)the date of his or her appointment;

(iii)the words “forest officer” in bold print; and

(iv)a clear photograph of the forest officer.

(2)  The proof of appointment is not transferable and must be returned to the Director-General when a person is no longer a forest officer.

24.   Inspections

(1)  Any person or the incumbent of a post designated by the Minister may, for the purposes of an inspection contemplated in section 53 (4) (a) of the Act—

(a)enter any forest, vehicle or premises; and

(b)obtain from the owner, possessor, driver, rider or person in control—

(i)any information on the forest, trees, timber, vehicle, pack-animal or premises; and

(ii)a statement about any issues to do with the forest, trees, timber, vehicle, pack-animal or premises.

(2)  An inspection carried out under this regulation must be conducted after—

(a)the designation referred to in section 53 (4) (a) of the Act has been shown;

(b)the reason for the inspection has been explained;

(c)a request to consent to the inspection has been made, to the owner, possessor, driver, rider, or other person in control of the forest, trees, timber, vehicle, pack-animal or premises.

(3)  If the consent under subregulation (2) (c) is in the discretion of the person carrying out the inspection unreasonably refused, the inspector may still proceed with the inspection.

(4)  No inspection may be made outside the hours of 08h00 to 18h00.

24A. Issuing of written notice

CHAPTER 10
OFFENCES AND PENALTIES

25.   Offences and penalties.

(1)  Any person who contravenes the prohibition on—

(a)the interference with—

(i)the exercise of a right referred to in regulation 4 (5) (a) (i); or

(ii)the performance of his or her duties by a forest officer or an official of the Department referred to in regulation 4 (5) (a) (ii);

(b)the planting of weeds or invasive plants as set out in regulation 4 (5) (b); or

(c)the burning of any live or dead tree, plant or vegetation as set out in regulation 4 (5) (c), is guilty of an offence and liable upon a first conviction of that offence to a fine or imprisonment for a period not exceeding one year, or to both fine and such imprisonment.

(2)  Any person who contravenes the prohibition on the removal, destruction, defacement or interference with a mark electronic chip or identification, as set out in regulation 6 (4), is guilty of an offence and liable upon a first conviction of that offence to a fine or imprisonment for a period not exceeding one year, or to both fine and such imprisonment.

(3)  Any person who contravenes the prohibition on the removal of trees or other forest produce from a State forest as set out in regulation 6 (5) is guilty of an offence and is liable upon a first conviction of that offence to a fine or imprisonment for a period not exceeding 6 months, or both fine and such imprisonment.

(4)  Any person who contravenes the prohibition on the use of a road, as set out in regulation 11 (3) (b), is  guilty of an offence and liable upon a first conviction of that offence to a fine or imprisonment for a period not exceeding six months, or to both fine and such imprisonment.

(5)  Any person who fails to submit information as requested in terms of regulation 19 (1) is guilty of an offence and liable upon a first conviction of that offence to a fine or imprisonment for a period not exceeding six months, or to both fine and such imprisonment.

(6)  Any person who contravenes the prohibition on the carrying on of activities under a servitude as set out in regulation 21 (2) is guilty of an offence and liable upon on a first conviction of that offence to a fine or imprisonment for a period not exceeding six months, or to both fine and such imprisonment.

(7)  Any person convicted for a second or subsequent offence—

(a)under subregulation (4), (5) or (6) is liable to a fine or imprisonment for a period not exceeding one year, or to both fine and such imprisonment

(b)under subregulation (1), (2) or (3) is liable to a fine or imprisonment for a period not exceeding two years, or to both fine and such imprisonment.

CHAPTER 11

ADMINISTRATION AND PROCESSING OF APPEALS

26.   Short title and commencement

(1)  These regulations are called the Regulations under the National Forests Act 84 of 1998, and shall come into operation on the date of publication by notice in the Gazette.

(2)  The Forest Act regulations published under Gazette No. R.602 of 27 March 1986 are hereby repealed.

These Regulations are called the Amendment Regulations under the National Forests Act, 2024, and come into operation on the date of publication in the Government Gazette.

Please refer to Annexure A, which sets out the Written Notices and Appeal Forms, under this Regulation

LINK TO FULL NOTICE

National Forests Act: Regulations: Amendments

G 51847 RG 11782 GoN 5650

06 January 2025

51847rg11782gon5650.pdf

ACTION

1.     Obtain Necessary Permits and Licenses:

·       Apply for and secure the appropriate permits and licenses for any activities conducted within national forests. This includes logging, mining, tourism, and other commercial activities.

2.     Adhere to Conservation Measures:

·       Implement and follow enhanced conservation measures to protect biodiversity and ensure the sustainable use of forest resources. This includes maintaining buffer zones, protecting endangered species, and minimizing environmental impact.

3.     Monitoring and Reporting:

·       Regularly monitor activities and their impact on the forest environment. Submit periodic reports to the relevant authorities detailing compliance with the regulations and the effectiveness of conservation measures.

4.     Recordkeeping:

·       Maintain accurate records of all activities, permits, licenses, and compliance efforts. These records should be readily available for inspection by regulatory authorities.

5.     Training and Awareness:

·       Ensure that all employees and contractors are aware of the regulations and trained in best practices for compliance. This includes understanding the importance of conservation measures and the legal requirements for operating within national forests.

6.     Penalties for Non-Compliance:

·       Be aware of the updated penalties for non-compliance. Organizations must take corrective actions promptly if any violations are identified to avoid fines and other legal consequences.

7.     Administration And Processing Of Appeals

·       Take note of the newly inserted APPEALS process.

LAW AND TYPE OF NOTICE

Marine Living Resources Act:

Policy on the Allocation and Management of Rights to operate Fish Processing Establishments; and Policy for the Transfer of Commercial Fishing Rights: Extension of deadline for comments

G 51846 GoN 5649

– Comment by 31 Jan 2025

APPLIES TO: 

1.     Commercial Fishing Industry:

·       The Policy for the Transfer of Commercial Fishing Rights directly impacts companies and individuals holding commercial fishing rights. This includes those involved in catching fish for sale and distribution

2.     Fish Processing Industry:

·       The Policy on the Allocation and Management of Rights to Operate Fish Processing Establishments affects businesses that process fish. This includes facilities where fish are cleaned, filleted, canned, frozen, or otherwise prepared for sale

FULL TEXT

DETAILS

DEPARTMENT OF FORESTRY, FISHERIES AND THE ENVIRONMENT

NO. 5649 3 January 2025

MARINE LIVING RESOURCES ACT, 1998 (ACT NO. 18 OF 1998)

EXTENSION FOR SUBMISSION OF COMMENTS ON THE DRAFT POLICY ON THE ALLOCATION AND MANAGEMENT OF RIGHTS TO OPERATE FISH PROCESSING ESTABLISHMENTS AND THE DRAFT POLICY FOR THE TRANSFER OF COMMERCIAL FISHING RIGHTS

I, Dion Travers George, Minister of Forestry, Fisheries and the Environment, published the draft Policy on the Allocation and Management of Rights to operate Fish Processing Establishments and the draft Policy for the Transfer of Commercial Fishing Rights (collectively the draft Policies), for public comment in Government Notice No. 5504, Government Gazette No. 51499 of 1 November 2024.

The due date for comments, as indicated in the said Government Notice, is within 30 calendar days of the publication of such Government Notice in the Government Gazette or the publication of the related newspaper notice, whichever occurs last.

I, however, based on a request received and the upcoming festive period, hereby extend the commenting period for the submission of written comments on the draft Policies to 31 January 2025.

The socio-economic impact assessment study for the Draft Policy on the Transfer of Commercial Fishing Rights and the exemption certificate for the Draft Policy on Allocation and Management of Rights to Operate a Fish Processing Establishment are available for download from the Department’s website at

http://www.environment.gov.za/index.php/FisheriesManagementFRAP2020-21SEIAS and may also be requested by sending an email to FRAPSEIAS_2020@dffe.gov.za.

Any person who wishes to comment on the draft policies may submit written comments to the Department in the following manner:

By post: Department of Forestry, Fisheries and the Environment

Attention: Deputy Director: Fisheries Policy and Rights Administration

Private Bag X2,

VLAEBERG

8018

By hand: 4th Floor Foretrust Building, Martin Hammerschlag Way, Foreshore, Cape Town

By email: FRAPpolicycomments@environment.gov.za

Telephone queries – Mr Msimelelo Mdledle – 066 471 1473/ 084 304 0170

Comments received after the extended commenting period may be disregarded

DR DION TRAVERS GEORGE, MP

MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT

LINK TO FULL NOTICE

Marine Living Resources Act: Policy on the Allocation and Management of Rights to operate Fish Processing Establishments; and Policy for the Transfer of Commercial Fishing Rights: Extension of deadline for comments

G 51846 GoN 5649

– Comment by 31 Jan 2025

03 January 2025

51846gon5649.pdf

ACTION

Ensure that you submit your comments before the deadline.

LAW AND TYPE OF NOTICE

National Environmental Management Act:

Regulations: Environmental Impact Assessment: Amendment: Comments invited

G 51717 GoN 5646

– Comment by 05 Feb 2025

APPLIES TO: 

1.     Industrial Manufacturing:

·       Stricter emission standards will impact factories and plants, requiring them to adopt cleaner technologies and reduce pollutants.

2.     Waste Management:

·       Companies involved in waste collection, recycling, and landfill operations will need to comply with new guidelines aimed at reducing waste and promoting recycling.

3.     Forestry:

·       The forestry industry will be affected by sustainable practices regulations, reforestation incentives, and measures to prevent illegal logging.

4.     Fisheries and Aquaculture:

·       Commercial fishing operations will need to adhere to revised quotas and regulations to ensure sustainable fish populations.

·       Aquaculture businesses will have to implement practices that minimize environmental impact.

5.     Energy and Utilities:

·       Industries related to energy production, especially those involved in renewable energy projects like solar and wind power, will benefit from support programs.

·       Companies will also need to comply with carbon pricing mechanisms and energy efficiency programs.

6.     Construction and Real Estate:

·       New programs promoting energy efficiency will impact residential and commercial building sectors, encouraging the adoption of energy-saving technologies and practices.

SUMMED UP:

1.     Environmental Regulations:

·       Introduction of stricter emission standards for industrial facilities to reduce air pollution.

·       New guidelines for waste management, focusing on recycling and reducing landfill use.

·       Enhanced protection measures for endangered species and their habitats.

2.     Forestry Management:

·       Implementation of sustainable forestry practices to prevent deforestation.

·       Incentives for reforestation projects and the use of native plant species.

·       Regulations to control illegal logging activities.

3.     Fisheries Policies:

·       Revised quotas for commercial fishing to ensure sustainable fish populations.

·       New regulations for aquaculture to minimize environmental impact.

·       Measures to combat illegal, unreported, and unregulated (IUU) fishing.

4.     Climate Change Initiatives:

·       Introduction of carbon pricing mechanisms to reduce greenhouse gas emissions.

·       Support for renewable energy projects, including solar and wind power.

·       Programs to promote energy efficiency in residential and commercial buildings.

DETAILS

The document outlines several amendments to the Environmental Impact Assessment (EIA) Regulations and  associated Listing Notices 1, 2, and 3 under the NEMA.

Details of the Proposed amendments to the Regulations are as follows:

Amendment of Index of the Regulations:

o    Regulation 6 heading changed to “Where to submit an application and documents”.

o    Chapter 5 heading changed to “AMENDMENT, SUSPENSION, WITHDRAWAL AND AUDITING OF COMPLIANCE WITH AN ENVIRONMENTAL AUTHORISATION, EMPr OR CLOSURE PLAN”.

o    Part 3 of Chapter 5 heading changed to “Auditing and amendment of environmental authorisation, EMPr and closure plan”.

o    Regulation 34 heading changed to “Auditing of compliance with environmental authorisation, EMPr and closure plan”.

o    Regulation 35 heading changed to “Amendment of an EMPr or closure plan as a result of an audit”.

o    Part 4 of Chapter 5 heading changed to “Other amendments of an EMPr or closure plan”.

o    Regulation 36 heading changed to “Other amendments of an EMPr or closure plan”.

o    Regulation 37 heading changed to “Amendment of an EMPr or closure plan on application by holder of environmental authorisation”.

o    New heading inserted after regulation 47: “47A. Responsibility of an applicant or holder to disclose information”.

o    Appendix 4 heading changed to “EMPr”.

Amendment of Regulation 1:

o    New definitions added for “coastal public property”, “Mineral and Petroleum Resources Development Act”, and “screening tool”.

o    Definition of “mining application” deleted.

o    Definition of “petroleum” updated.

o    Subregulation (2) updated to reference registered environmental assessment practitioners from 8 August 2022.

Amendment of Regulation 5:

Subregulation (4) updated to mandate the use of the national electronic system for recording applications for environmental authorisation.

Amendment of Regulation 6:

o    Heading changed to “Where to submit an application and documents”.

o    New subregulation (6) added for submission of documents to the competent authority.

Amendment of Regulation 9:

Regulation 9 updated to specify that the format of any application form must include the national sector classification of the activity applied for.

Amendment of Regulation 16:

o    Subparagraph (v) updated to include the report generated by the screening tool.

o    Subparagraph (ix) updated to include proof of acceptance of an application for any right, permission, or permit in terms of the Mineral and Petroleum Resources Development Act for mining activities.

o    Paragraph (a) of subregulation (2) updated to specify submission after acceptance of an application for any right, permission, or permit in terms of the Mineral and Petroleum Resources Development Act.

Amendment of Regulation 19:

Paragraph (a) of subregulation (1) updated to include a basic assessment report, specialist reports, EMPr, report generated by the screening tool, closure plan, and plans, report, and calculations contemplated in the Financial Provisioning Regulations.

Amendment of Regulation 21:

Subregulation (3) updated to include the report generated by the screening tool and information set out in Appendix 2 or comply with a protocol or minimum information requirements identified and gazetted by the Minister.

Amendment of Regulation 23:

Paragraph (a) of subregulation (1) updated to include an environmental impact assessment report, specialist reports, EMPr, closure plan, and plans, report, and calculations contemplated in the Financial Provisioning Regulations.

Amendment of Regulation 26:

o    Paragraph (g) updated to specify the frequency of updating the approved EMPr and closure plan.

o    Paragraph (h) deleted.

Amendment of Chapter 5 Heading:

Heading changed to “AMENDMENT, SUSPENSION, WITHDRAWAL AND AUDITING OF COMPLIANCE WITH AN ENVIRONMENTAL AUTHORISATION, EMPr OR CLOSURE PLAN”.

Amendment of Part 3 of Chapter 5 Heading:

Heading changed to “Auditing and amendment of environmental authorisation, an EMPr and closure plan”.

Amendment of Regulation 34 Heading:

Heading changed to “Auditing of compliance with an environmental authorisation, EMPr and closure plan”.

Amendment of Regulation 35:

o    Heading changed to “Amendment of an EMPr or closure plan as a result of an audit”.

o    Subregulation (2) updated to allow the competent authority to request amendments to the EMPr or closure plan.

Amendment of Part 4 of Chapter 5 Heading:

Heading changed to “Other amendments of an EMPr or closure plan”.

Amendment of Regulation 36 Heading:

Heading changed to “Other amendments of an EMPr or closure plan”.

Amendment of Regulation 37:

Heading changed to “Amendment of an EMPr or closure plan on application by holder of environmental authorisation”.

Subregulation (2) updated to require the holder of an environmental authorisation to invite comments on proposed amendments.

Amendment of Regulation 39:

o    Subregulation (2) updated to exclude certain activities from subregulation (1).

o    New subregulation (3) added for activities proposed on coastal public property.

Amendment of Regulation 40:

Paragraph (a) of subregulation (1) updated to include basic assessment report, EMPr, and closure plan.

Insertion of Regulation 47A:

New regulation added to specify the responsibility of a holder to disclose information.

Amendment of Regulation 48:

o    Subregulation (1) updated to specify offences.

o    Subregulation (3) updated to specify penalties for offences.

Amendment of Regulation 49:

New definitions added for “Environmental Management Plan” and “Environmental Management Programme”.

Amendment of Regulation 54:

Subregulation (2) deleted.

Amendment of Regulation 54A:

o    Paragraph (b) of subregulation (1) updated to specify requirements for rights, permits, or exemptions in terms of the Mineral and Petroleum Resources Development Act.

o    Subregulation (2) updated to specify audit report requirements for Environmental Management Programmes or Environmental Management Plans.

Amendment of Appendix 4 Heading:

Heading changed to “Content of an EMPr”.

Amendment of Appendix 7:

o    Paragraph 2 updated to specify the objectives of the environmental audit report.

o    Subparagraph (1)(e) of paragraph 3 updated to specify the ability of the EMPr and closure plan to manage and mitigate environmental impacts.

These amendments aim to clarify definitions, update procedures, and ensure proper compliance and management of environmental impacts.

Proposed changes to Listing Notice 1

The following changes were made to Listing Notice 1:

New Definitions Added:

o    “Fracturing” means an intervention performed on a well to increase production by improving the flow of hydrocarbons from the drainage area into the well bore and includes re-fracturing.

o    “Historical mine dump” means any debris, discard, residues, tailings, slimes, slurry, waste rock, foundry sand, beneficiation plant waste, ash, or any other product derived from or incidental to a prospecting or mining operation which does not require a right or permit in terms of the Mineral and Petroleum Resources Development Act.

o    “Reclamation” in the context of historical mine dumps means the obtaining of materials of value from such historical mine dumps.

Deleted Definitions:

o    “Hydraulic fracturing.”

o    “Mining application.”

Updated Definitions:

Words such as “exploration operation,” “exploration right,” “mine,” “mineral,” “mining operation,” “mining permit,” “mining right,” “old order right,” “petroleum,” “production operation,” “production right,” “prospecting operation,” “prospecting right,” and “reconnaissance permit” will have the meanings assigned to them in terms of section 1 and Schedule II of the Mineral and Petroleum Resources Development Act.

Competent Authority Identification:

The competent authority for applications related to mining activities, expansion of prospecting, exploration, mining or production operations, activities using fracturing technology, reclamation of historical mine dumps, or expansion of historical mine dumps is the Minister responsible for mineral resources.

Specific Activities Updated:

o      Activity 20: Any activity requiring a prospecting right in terms of section 16 of the Mineral and Petroleum Resources Development Act, excluding where the prospecting includes the removal and disposal of a mineral that requires permission in terms of section 20(2) of the Act.

o      Activity 21A and 21B: Corrected the word “arial” to “aerial.”

o      Activity 21C: Any activity requiring an exploration right in terms of section 79 of the Act for onshore exploration, excluding desktop studies, aerial surveys, and activities requiring fracturing technology.

o      Activity 21D: Any activity requiring an amendment or variation to a prospecting, mining, exploration, or production right or permit, or work programme in terms of section 102 of the Act.

o      Activity 21F: The reclamation of a historical mine dump.

o      New Activities 21G and 21H: Onshore and offshore seismic surveys, respectively, with specific exclusions.

o      Activity 31: Closure of existing facilities, structures, or infrastructure for various listed activities, excluding closures covered by the National Environmental Management: Waste Act or related to activities for which a permission, right, permit, or consent was issued under the Mineral and Petroleum Resources Development Act.

o      Activity 66A: Expansion of an activity requiring the use of fracturing technology.

o      New Activities 66B, 66C, and 66D: Expansion of prospecting, mining, exploration, or production operations, reclamation of historical mine dumps, and onshore seismic surveys, respectively.

Proposed changes to Listing Notice 2

New Definitions:

o      “Fracturing” means an intervention performed on a well to increase production by improving the flow of hydrocarbons from the drainage area into the well bore and includes re-fracturing.

o      “Historical mine dump” means any debris, discard, residues, tailings, slimes, slurry, waste rock, foundry sand, beneficiation plant waste, ash, or any other product derived from or incidental to a prospecting or mining operation which does not require a right or permit in terms of the Mineral and Petroleum Resources Development Act.

o      “Reclamation” in the context of historical mine dumps means the obtaining of materials of value from such historical mine dumps.

Deleted Definitions:

o      “Hydraulic fracturing.”

o      “Mining application.”

Updated Definitions:

Words such as “exploration right,” “mine,” “mineral,” “mining area,” “mining operation,” “mining right,” “old order right,” “petroleum,” “production right,” and “prospecting right” will have the meanings assigned to them in terms of section 1 and Schedule II of the Mineral and Petroleum Resources Development Act.

Competent Authority Identification:

The competent authority for applications related to mining activities, expansion of prospecting, exploration, mining or production operations, activities using fracturing technology, reclamation of historical mine dumps, or expansion of historical mine dumps is the Minister responsible for mineral resources.

Specific Activities Updated:

o      Activity 9: Development of facilities or infrastructure for the transmission of electricity with a capacity of 275 kilovolts or more, outside an urban area or industrial complex, excluding temporary bypass infrastructure required for maintenance.

o      Activity 18: Any activity requiring an exploration right in terms of section 79 of the Mineral and Petroleum Resources Development Act for offshore exploration, excluding desktop studies, aerial surveys, offshore seismic surveys, and activities requiring fracturing technology.

o      Activity 19: Any activity requiring a prospecting right in terms of section 16 of the Mineral and Petroleum Resources Development Act, including the removal and disposal of a mineral requiring permission in terms of section 20(2) of the Act.

o      Activity 20A: Onshore exploration operations requiring the use of fracturing technology.

New Activities 20B, 20C, and 20D:

§    20B: Offshore exploration operations requiring the use of fracturing technology.

§    20C: Activities identified in Listing Notice 1 requiring a consent, prospecting right, mining permit, or exploration right, or for which exemption was granted, in terms of the Mineral and Petroleum Resources Development Act.

§    20D: Reclamation of a historical mine dump or expansion of such reclamation identified in Listing Notice 1.

Proposed changes to Listing Notice 3:

Deleted Definitions:

The definition of “mining application” was deleted.

Competent Authority Identification:

The competent authority for applications related to mining activities, expansion of prospecting, exploration, mining or production operations, activities using fracturing technology, reclamation of historical mine dumps, or expansion of historical mine dumps is the Minister responsible for mineral resources.

These changes aim to streamline the definitions and ensure proper identification of the competent authority for various activities.

LINK TO FULL NOTICE

National Environmental Management Act: Regulations: Environmental Impact Assessment: Amendment: Comments invited

G 51717 GoN 5646

– Comment by 05 Feb 2025

06 December 2024

51717gon5646.pdf

HEALTH AND SAFETY

LAW AND TYPE OF NOTICE

Compensation for Occupational Injuries and Diseases Act:

Amendment of Schedule 4: Manner of calculating compensation

G 51763 GeN 2904

APPLIES TO: 

All Organizations

SUMMED UP:

Amendment of Schedule 4 for accidents that occur from 1 April 2024 as well as occupational diseases diagnosed from 1^st April 2024.

FULL TEXT

DETAILS

LINK TO FULL NOTICE

Compensation for Occupational Injuries and Diseases Act: Amendment of Schedule 4: Manner of calculating compensation

G 51763 GeN 2904

13 December 2024

51763gen2904.pdf

ACTION

Ensure you take note of the amended calculations

LAW AND TYPE OF NOTICE

Occupational Health and Safety Act:

Incorporation of National Code of Practice

G 51711 GoN 5526

06 December 2024

APPLIES TO: 

TRAINING PROVIDERS OF LIFTING MACHINE OPERATORS

SUMMED UP:

1. Withdrawal and Incorporation

R539: The previous National Code of Practice was published under Government Notice R539.

R5588: The new notice withdraws the previous code and incorporates the updated National Code of Practice for 2024 into the Driven Machinery Regulations, 2015

2. Accreditation and Exemptions

R539: Did not specify exemptions for training providers.

R5588:

• Exempts training providers from certain requirements until the end of June 2027, provided they are accredited by the Quality Council for Trade Occupations (QCTO) or Transport Seta (TETA).
• From July 2027, all training providers must be accredited by QCTO.

3. Scope and Definitions

R539: Included definitions and scope relevant to the time of publication.

R5588:

• Updates definitions and scope to align with current industry standards and practices.
• Introduces new terms and updated criteria for accreditation and training.

4. Duties and Responsibilities

R539: Outlined duties of authorized bodies and training providers.

R5588:

• Expands on these duties, providing more detailed responsibilities for maintaining records, conducting audits, and ensuring compliance with quality standards.
• Specifies duties of licensing bodies and accredited training providers in more detail.

5. Training and Certification

R539: Provided guidelines for training and certification.

R5588:

• Introduces more specific requirements for training duration, assessment, and re-licensing.
• Details the process for issuing temporary licenses for practical assessments.
• Specifies entrance qualification conditions and accreditation requirements for personnel.

6. Appendices and Additional Information

R539: Included appendices relevant to the time of publication.

R5588:

• Adds new appendices with updated lifting machine certification codes, practical assessment mark sheets, and managerial responsibilities.
• Provides illustrations of lifting machine codes and detailed explanatory notes.

7. Certification and Licensing

R539: General guidelines for certification and licensing.

R5588:

• Specifies the information required on certificates and licenses.
• Introduces temporary licenses valid for up to 6 months for practical assessments.
• Details the re-licensing process for operators with previous licenses.

8. Field of Activity and Training System Documentation

R539: General guidelines for field of activity and documentation.

R5588:

• Specifies the scope and extent of services for accredited training providers.
• Details requirements for training system documentation and records retention.

9. Managerial Responsibilities

R539: General managerial responsibilities.

R5588:

• Provides detailed responsibilities for the Chief Executive Officer (CEO) and other managerial roles.
• Emphasizes the importance of a health and safety management system.

10. Special Cases and Practical Assessments

R539: General guidelines for special cases and assessments.

R5588:

• Specifies procedures for special cases involving unique lifting machines.
• Provides a detailed example of a practical assessment mark sheet.

FULL TEXT

DETAILS

GN 5526 of 6 December 2024:  National Code of Practice for the Training Providers of Lifting Machine Operators, 2024
(Government Gazette No. 51711)

GENERAL NOTE

This Regulation has been duplicated in GN 5588 in Government Gazette 51657 of 29 November 2024.

DEPARTMENT OF EMPLOYMENT AND LABOUR

I Millysind E. Ruiters, appointed as Chief Inspector in terms of section 27 (1) of the Occupational Health and Safety Act, (Act No. 85 of 1993), as amended, by virtue of the power delegated to me by the Minister of Employment and Labour in terms of section 42 (1) of the Act, and after consultation with the Advisory Council for Occupational Health and Safety hereby—

1.Withdraw National Code of Practice for Training Providers of Lifting Machine Operators published on the Government Notice R.539 of Government Gazette No. 38904, and mentioned on the schedule published Government Notice R.542 of Government Gazette No. 38905,

2.Under Section 44 of the Occupational Health and Safety Act (Act No.85 of 1993), as amended, incorporate into the Driven Machinery Regulations, 2015, the National Code of Practice for the Training Providers of Lifting Machine Operators, 2024.

3.Exempt Training Providers in terms of Section 40 of the Occupational Health and Safety Act, (Act 85 of 1993), as amended as required by regulation 18 (11) of the Driven Machinery Regulations on a condition that they are accredited by Quality Council for Trade Occupations (QCTO) or Transport Seta (TETA) until end of June 2027. With effect from end of June 2027 all training providers shall be accredited by QCTO.

(Signed)

MILLYSIND E. RUITERS

CHIEF INSPECTOR

NATIONAL CODE OF PRACTICE

CONTENTS

(Editorial Note: Wording as per original Government Gazette.)

LINK TO FULL NOTICE

Occupational Health and Safety Act: Incorporation of National Code of Practice

G 51711 GoN 5526

06 December 2024

51711gon5626.pdf

LINK TO THE FULL CODE OF PRACTICES ON THE LEGAL TEAM

Occupational Health and Safety Act: Regulations: DRIVEN MACHINERY: INCORPORATION OF NATIONAL CODE OF PRACTICE FOR TRAINING PROVIDERS OF LIFTING MACHINE OPERATORS

G 51657 GoN 5588 29 November 2024 

SECURITY

LAW AND TYPE OF NOTICE

Private Security Industry Regulations Act and Security Officers Act:

Regulations: Annual fee increase: Amendment

G 51711 GeN 2878

APPLIES TO: 

1.     Security Businesses: Companies that provide security services, such as guarding, surveillance, and protection services.

2.     Security Officers: Individuals employed by security businesses or working independently to provide security services.

SUMMED UP:

Key Amendments and Regulations:

1.     Definitions and Commencement:

·       The regulations will come into effect on April 1, 2025.

·       Definitions for terms like “the Act,” “the Authority,” and “the Regulations” are provided.

2.     Amendments to Regulations:

·       Regulation 1: Changes to the definition of “prescribed amount.”

·       Regulation 7: Detailed requirements for security businesses regarding monthly returns, payment of prescribed amounts, and penalties for non-compliance.

·       Regulation 9: Specifies the prescribed amounts for different categories of security businesses and security officers.

3.     Schedules of Fees:

·       Schedule A: Annual fees for security businesses based on the number of security officers employed.

·       Schedule B: Monthly fees per security officer.

·       Schedule C: Annual fee for all security officers.

4.     Consultation Process:

·       The Authority will conduct a consultation process for the review of the 2025/26 annual fees, involving stakeholders from the private security industry.

·       The process includes virtual consultation meetings and opportunities for written comments.

Important Dates:

• Consultative Workshops: Scheduled in various provinces from January 15 to January 30, 2025.
• Deadline for Written Representations: January 31, 2025.

FULL TEXT

DETAILS

DEPARTMENT OF POLICE

NOTICE 2878 OF 2024

GENERAL NOTICE ANNUAL FEE INCREASE

PRIVATE SECURITY INDUSTRY REGULATIONS ACT 56 OF 2001 AND SECURITY OFFICERS ACT NO. 92 OF 1987

PUBLICATION OF AMENDMENT TO THE REGULATIONS MADE UNDER THE SECURITY OFFICERS ACT (ACT NO. 92 OF 1987)

The Private Security Industry Regulatory Authority, with the concurrence of the Minister of Police, under sections 43 and 44(7) of the Private Security Industry Regulation Act, 2001 (Act 56 of 2001) read with section 32(1) of the Security Officers Act, 1987 (Act 92 of 1987), hereby make the Regulations in the Schedule hereto.

PRIVATE SECURITY INDUSTRY REGULATORY AUTHORITY SCHEDULE AMENDMENT OF THE REGULATIONS MADE UNDER THE SECURITY OFFICERS ACT, 1987 (ACT 92 OF 1987)

Definitions

1. In this Schedule-

(a) “the Act” means the Security Officers Act, 1987 (Act 92 of 1987);

(b) “the Authority” means the Private Security Industry Regulatory Authority established in terms of section 2(1) of the Private Security Industry Regulation Act, 2001 (Act 56 of 2001) and has the same meaning as the “Board” as defined in section 1 of the Act;

(c) “the Regulations” means the regulations published by Government Notice No. R.797 in Government Gazette No. 12413 of 2 April 1990, as amended;

(d) “the PSIR Act” means the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001); and

(e) “year” means a twelve-month period commencing on 1 April and ending on 31 March.

Commencement

2. The Regulations contained in this Schedule will come into effect on 01 April 2025.

Amendment of regulation 1 of the Regulations

3. Regulation 1 of the Regulations is hereby amended-

(a) by the substitution for the definition of “prescribed amount” of the following definition:

“prescribed amount” in regard to a security business registered as such means the sum of the applicable amounts contemplated in regulation 9 (3), and in the case of any person registered as a security officer, but not a security business, the amount contemplated in regulation 9 (4);

(b) by the deletion of the definition of “prescribed fees”; and

(c) by the deletion of the definition of “Registrar of the Board”.

Amendment of regulation 7 of the Regulations

4. Regulation 7 of the Regulations is hereby amended-

“Payment of prescribed amounts and related matters

a. by the substitution for regulation (7), sub-regulation (3) (a), insertion of additional paragraphs and sub-regulations of the following sub-regulations:

7. (1) Every security business must –

(a) on or before the 15th day of each calendar month, furnish to the Board a document signed or authenticated by a responsible person acting on behalf of such security business, being a return containing, in respect of every security officer employed, used, deployed, engaged or made available by it during that month or any part of that month, their full names, identity numbers, contact telephone numbers, registration numbers allocated in terms of section 11 (3) of the Act, the period of their service during that month, and the geographic area or areas of such service;

(b) on or before the 15th of each calendar month, furnish to the Board a completed South African Revenue Services Monthly Employer Declaration Form, otherwise referred to as EMP 201 form, together with a detailed supporting reconciliation report generated by the security business’ payroll, document known as EMP 201 form, signed or authenticated by a responsible person acting on behalf of such security business;

(c) In the event the security business has sub-contracted services to another security business or it is involved in a joint venture, notify the Board of such arrangements and submit the relevant EMP 201 form for either the abovementioned arrangements;

(d) comply with the provisions as contemplated in sub-regulation (1) (b) and (c), in order to be issued with the letter of good standing.

(2) A registered security business must pay to the Board that portion of the prescribed amount as is referred to in regulation 9(3)(a) and 9(3)(b), in accordance with sub-regulation (3).

(3) (a) The prescribed amount for any year must, subject to this sub-regulation, in relation to security business employing 100 and more security officers be paid to the Board before or on 07 May of the year concerned.

(b) In the case of a security business becoming registered in terms of section 11 of the Act on or after 1 April in a given year, the prescribed amount in respect of that year must be paid to the Board on or before the last day of the month during which the security business was so registered.

(c) Where a security business increases in size to the point where it falls into a different category, as contemplated in regulation 9(3)(a), the supplementary amount which becomes due must be paid to the Board on or before the last day of the month in which the security business falls into a different category.

(d) In the case of security business employing 21 – 100 security officers, 50% of the fees is payable by 7 May of each year. The remaining 50% is payable in 2 equal instalments. The first instalment will be due by 7 June and the second instalment due by 7 July of each year.

(e) In case of security business employing 0 – 20 security officers, 50% of the fees is payable by 7 May of each year. The remaining 50% is payable in 5 equal instalments first instalment due on 7 June, second instalment due on 7 July, third instalment due on 7 August, fourth instalment due on 7 September and the fifth instalment due on 7 October of each year.

(4) A security business must pay to the Board that portion of the prescribed amount arrived at in accordance with regulation 9 (3)(c), within three (3) days after the end of the calendar month in respect of which it is due.

(4A) (a) A security business must pay to the Board an amount equal to the prescribed amount referred to in regulation 9(4), for every security officer employed, used, deployed or made available by that security

business to render a security service during April in a given year, to the Board on or before 07 May of the year concerned.

(b) In respect of security officers not employed, used, deployed or made available by a security business to render a security service during April in a given year, but who become employed, or are used, deployed or made available by a security business to render a security service in any later month in a given year, the security business must pay to the Board, on or before the last day of such later month in that year, an amount equal to the prescribed amount referred to in regulation 9(4), for every such security officer.

(c) Any person who or which is not a security business but who employs, uses or deploys a security officer, must pay to the Board an amount equal to the prescribed amount referred to in regulation 9(4), for every security officer so employed, used or deployed during April in a given year, to the Board on or before 07 May of the year concerned.

(d) In respect of security officers who become employed, or are used or deployed by any person who or which is not a security business, to render a security service in any month other than April in a given year, such person must pay to the Board, on or before the last day of such later month in that year, an amount equal to the prescribed amount referred to in regulation 9(4), for every such security officer.

(e) A security officer who renders a security service in any year but who is not employed, used, deployed or made available by a security business or any other person liable for payment in terms of sub-regulations (a), (b), (c) or (d) above, must pay to the Board an amount equal to the prescribed amount referred to in regulation 9(4), on or before 07 May of each year.

(f) The provisions of these regulations shall also apply to any service, activity or practice or any equipment or any person or entity plying their trade in the private security industry.

(5) Nothing in this regulation prevents a written agreement being entered into between the Board and any security business regarding the method and date of payment of the prescribed amount.

(6) Any amounts paid in accordance with the requirements of the Regulations are not refundable.

(7) A security officer registered in terms of section 21 (3) and issued with a registration certificate in terms of section 25 of the PSIR Act, must renew such certificate every 24 months from the date of issue.

(8) The provisions of sub-regulation (7) apply to security service providers registered after 1 April of the year these regulations are published.

(9) The Authority shall f r o m t i m e t o t i m e prescribe processes and forms relating to the renewal of registration certificate.

(10) The information in terms of these regulations shall be processed, recorded and filed in accordance with the Protection of Personal Information Act, 2013 (Act No. 04 of 2013) or any other legislation governing the protection of information.

(11) The Authority when offering services to security service providers, shall ensure that all relevant information, is made available and accessible to such security service providers using various mediums of communication and in accordance with the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002).

(12) Any security business which fails to pay to the Board, within the period allowed for such payment—

(a) the prescribed amount payable in terms of this regulation;

(b) the prescribed amount payable in terms of an agreement referred to in subregulation (5); or

(c) . . . . .

(d) an amount deducted by it in terms of section 18 (4) (a) of the Act, must pay to the Board- Interest and Penalties for Non-Payment of Prescribed Fees

(i) the unpaid amount referred to above;

(ii) interest on the unpaid amount at the rate determined from time to time in terms of the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975); and

(iii) a penalty arrived at by calculating ten (10) per cent of that sum arrived at by adding to the unpaid amount the interest accrued thereon to date of calculation of the penalty:

Provided that if the Board is satisfied that the failure to pay or pay over any amount in terms of this regulation was not due to an intent to evade or postpone payment or otherwise evade obligations in terms of this regulation or the Act, it may remit the whole or part of the penalty imposed in terms of paragraph (c) of this sub-regulation.

(13) Any amount of interest and any penalty owing to the Board in terms of sub-regulation (8) will be regarded as part of the prescribed amount as contemplated in section 18 (1) and section 18 (2) of the Act.

(14) Failure to renew a certificate as contemplated in sub-regulation (7), a month prior to the anniversary date, will result in the immediate lapsing of the certificate.

b. by the insertion of the following title and sub regulation immediately after sub-regulation (14) of the following:

— Penalties for Non- Disclosure

(15) – Any security business which

(a) fails to provide the Board with the return contemplated in sub-regulation (1) within the period allowed;

(b) fails to provide the Board with a return that materially complies with the requirements contained in sub-regulation (1);

(c) intentionally or negligently submits a return to the Board which is false or misleading in any material respect;

(d) fails to provide to the Board, within the period allowed, the additional information required by the Board in terms of sub-regulation (3) (d); or

(e) fails to deduct an amount as contemplated in section 18 (4) (a) of the Act from the remuneration of a security officer that it should have deducted, will be guilty of an offence and on conviction liable to a fine not exceeding R500,000.00.

(f) A conviction for an offence in terms of these regulations shall not exempt the security business convicted from the payment of any penalty or interest payable in accordance with the provisions of these regulations.

c. by the insertion of the following title and sub-regulation immediately after sub-regulation (15) of the following:

Computation of Penalties and Investigations for Non-Disclosure

(16A) Notwithstanding the provisions of sub – regulation (15), any security business which intentionally or negligently

(a) fails to submit a return to the Board disclosing security officers employed to evade payment of prescribed annual fees or

(b) submits a return to the Board which is false or misleading in relation to the number of security officers employed,

i) will be liable to a penalty not exceeding an amount equal to double the amount of the prescribed annual fees referred to in paragraph (a) or the difference “determined” between the amount of annual fees that were due and payable by the security business to the Board and the amount the security business has paid to the Board in case of paragraph (b); and

(ii) will be a subject of an investigation by the Board to check into the security business’ reporting as required in terms of sub – regulation (1) for the preceding 3 years. Any non-compliance found, the Board may levy penalties not exceeding the amount equal to double the amount of the prescribed fees or the determined difference for every year of failure to disclose as prescribed.

(16AA) The envisaged investigation under (16A) will assist the Board to determine the appropriate percentage of penalty, in relation to whether,

(a) the non- disclosure was substantial

(b) the non-disclosure was intentional

(17) Any director, member, owner, partner, trustee, administrator or manager, according to the case, of a security business—

(a) who fails to take all reasonable steps to ensure that the security business of which he or she is a director, member, owner, partner, trustee, administrator or manager, according to the case—

(i) complies with an obligation in terms of sub-regulation (1);

(ii) complies with an obligation in terms of sub-regulation (3) (d);

(iii) complies with an obligation in terms of section 18 (4) (a) of the Act to deduct an amount from the remuneration of a security officer; or

(iv) does not contravene a provision of sub-regulation (13); or

(b) who intentionally or negligently submits a return referred to in sub-regulation (1) to the Board or allows such a return to be submitted to the Board on behalf of the security business in question, which is false or misleading in any material respect,

will be guilty of an offence and on conviction be liable to a fine not exceeding R500,000.00 or to imprisonment

for a period not exceeding twenty-four (24) months.

Substitution of regulation 9 of the Regulations

5. The following regulation is hereby substituted for regulation 9 of the Regulations:

“Prescribed amounts.

9(1) . . …

(2) . . . . .

(3) The prescribed amount contemplated in section 18 (1) of the Act must, in the case of a security business registered as a security service provider, be determined by adding together the amounts contemplated in paragraphs (a) or (b), as the case may be, and (c) below:

(a) the amount specified in Schedule A applicable to the category in which the security business falls, per year, provided that if a security business increases in size to the point where it falls into a different category at any date during a year, it shall be liable to pay the difference between the amount already paid and the amount applicable to the category in which it then falls; or

(b) in the case of a security business becoming registered in terms of section 11 of the Act on or after 1 April in a given year, one twelfth of the applicable amount referred to in sub-regulation (a), multiplied by the number of months in that year in which the security business was registered, commencing in the month during which the security business was so registered, and ending in March; and

(c) the amount specified in Schedule B per calendar month or any part thereof, multiplied by the number of security officers employed, used, deployed or made available to render a security service during each calendar month or any part thereof.

(4) The prescribed amount contemplated in section 18 (1) of the Act, in the case of a person registered as a security officer, but not acting as a security business, is the amount specified in Schedule C per year, regardless of the date on which the security officer is registered as such.

Please click on the link provided below to view the Schedules.

LINK TO FULL NOTICE

Private Security Industry Regulations Act and Security Officers Act: Regulations: Annual fee increase: Amendment

G 51711 GeN 2878

06 December 2024

51711gen2878.pdf

ACTION

1. Understand the New Regulations:

• Review the amendments to the regulations under the Security Officers Act and the Private Security Industry Regulation Act.
• Familiarize themselves with the definitions, fee structures, and compliance requirements.

They in summary are as follows:

Payment of Prescribed Amounts and Related Matters:

1. Monthly Reporting Requirements

Returns Submission: Security businesses must submit a monthly return by the 15th, detailing every employed security officer’s information, including names, identity numbers, and service periods.

EMP 201 Forms: A completed South African Revenue Services Monthly Employer Declaration Form (EMP 201) must be submitted with a payroll reconciliation report.

2. Subcontracting and Joint Ventures

Businesses must inform the Board of any subcontracting or joint ventures and submit relevant EMP 201 forms for these arrangements.

3. Compliance for Good Standing

Adherence to submission requirements ensures the issuance of a letter of good standing.

4. Payment Structures for Security Businesses:

Large Businesses (100+ officers): Full payment is due by May 7th each year.

Medium Businesses (21-100 officers): Pay 50% by May 7th, with two additional installments in June and July.

Small Businesses (0-20 officers): Pay 50% by May 7th, with the remaining amount in five installments from June to October.

5. Additional Payment Requirements

Payments must also be made for officers employed later in the year, with deadlines based on their employment month.

6. Penalties for Late Payments

Interest and penalties apply for late payments, with a possible waiver if non-payment was non-intentional.

7. Renewal of Certificates

Security officers must renew their registration certificates every 24 months, with non-renewal resulting in immediate lapsing.

8. Penalties for Non-Disclosure and False Information

Fines up to R500,000 may be imposed for failing to provide accurate returns or additional information, or for submitting false information.

9. Investigation and Penalties for Non-Disclosure

Businesses intentionally or negligently failing to disclose accurate employment details may face penalties and investigations covering the past three years.

10. Director and Manager Responsibilities

Directors and managers must ensure compliance with regulations or face fines and imprisonment for non-compliance.

11. Calculation of Prescribed Amounts

Amounts are based on the size category of the business and the number of security officers employed. Additional fees apply for changes in business size.

12. Non-Refundable Payments

Payments made are non-refundable, ensuring commitment to compliance.

2. Compliance with Monthly Reporting:

• Submit monthly returns to the Board by the 15th of each month, detailing information about employed security officers.
• Include full names, identity numbers, contact numbers, registration numbers, service periods, and geographic areas of service.

3. Payment of Prescribed Fees:

• Pay the prescribed annual and monthly fees based on the number of security officers employed.
• Ensure timely payment of fees according to the specified schedules (e.g., 50% by May 7, remaining in installments).

4. Maintain Good Standing:

• Comply with all reporting and payment requirements to receive a letter of good standing from the Board.
• Notify the Board of any sub-contracting or joint venture arrangements and submit relevant EMP 201 forms.

5. Renewal of Registration Certificates:

• Ensure that security officers renew their registration certificates every 24 months.
• Follow the prescribed processes and forms for renewal as outlined by the Authority.

6. Participate in the Consultation Process:

• Engage in the consultation process for the review of the 2025/26 annual fees.
• Attend virtual consultation meetings and submit written comments and representations by January 31, 2025.

7. Adhere to Penalties and Interest Provisions:

• Be aware of penalties for non-compliance, including fines and interest on unpaid amounts.
• Avoid submitting false or misleading returns to the Board.

8. Data Protection Compliance:

• Ensure that all information is processed, recorded, and filed in accordance with the Protection of Personal Information Act, 2013.

TRANSPORTATION

LAW AND TYPE OF NOTICE

Railway Safety Act 30 of 2024

G 51731 GoN 5650

10 December 2024

APPLIES TO: 

1. Railway Operators

• Network Operators: Responsible for the operation, construction, and maintenance of railway networks.
• Train Operators: Accountable for the safe movement of rolling stock and the safety of freight or passengers.
• Station Operators: Manage railway stations and ensure the safety of passengers at these facilities.

2. Construction and Engineering

• Companies involved in the design, construction, and alteration of railway infrastructure, including tracks, stations, and related facilities.
• Engineering firms that provide technical expertise and services for railway projects.

3. Training Institutions

• Institutions that provide training and certification for safety-critical positions within the railway industry.
• Organizations involved in the development of curricula and training programs for railway safety.

4. Transport and Logistics

• Companies that use railways for the transportation of goods, including freight and logistics providers.
• Businesses involved in the conveyance of dangerous goods by rail.

5. Safety and Compliance

• Firms specializing in safety management systems, compliance audits, and inspections.
• Providers of safety equipment and technologies for railway operations.

6. Government and Regulatory Bodies

• The Railway Safety Regulator and other government agencies responsible for overseeing and enforcing railway safety standards.
• Departments and ministries involved in transport, labor, and public safety.

7. Environmental and Public Health

• Organizations focused on the environmental impact of railway operations and the safety of the public.
• Entities involved in the investigation and reporting of railway occurrences and accidents.

8. Legal and Consulting Services

• Legal firms providing advice on compliance with railway safety regulations.
• Consultants offering expertise in railway safety, risk assessments, and regulatory compliance.

SUMMED UP:

The Railway Safety Act 30 of 2024 intends:

• to provide for the regulation of railway safety in the Republic;
• to provide for the continued existence of the Railway Safety Regulator;
• to provide for the board and governance structures of the Railway Safety Regulator;
• to provide for railway safety permits; to provide for railway safety critical grades and safety management systems;
• to provide for a national railway safety information and monitoring system;
• to provide for a legal framework to enforce compliance with the Act and to deal with railway occurrences;
• to provide for an appeal mechanism;
• to provide for transitional arrangements and the repeal of the National Railway Safety Regulator Act, 2002; and
• to provide for matters connected therewith.

Repeals

National Railway Safety Regulator Act 16 of 2002

Commencement

To be proclaimed

FULL TEXT

DETAILS

RAILWAY SAFETY ACT NO. 30 OF 2024

[ASSENTED TO 2 DECEMBER 2024]
[DATE OF COMMENCEMENT: TO BE PROCLAIMED]

(English text signed by the President)

ACT

To provide for the regulation of railway safety in the Republic; to provide for the continued existence of the Railway Safety Regulator; to provide for the board and governance structures of the Railway Safety Regulator; to provide for railway safety permits; to provide for railway safety critical grades and safety management systems; to provide for a national railway safety information and monitoring system; to provide for a legal framework to enforce compliance with the Act and to deal with railway occurrences; to provide for an appeal mechanism; to provide for transitional arrangements and the repeal of the National Railway Safety Regulator Act, 2002; and to provide for matters connected therewith.

PREAMBLE

RECOGNISING that safe railway operations are fundamental to the safety of all persons and the environment;

CONSIDERING that safe railway operations promote the use of rail as an efficient mode of transportation;

ACKNOWLEDGING that railway operations must be effectively regulated;

FURTHER ACKNOWLEDGING the prime responsibility and accountability of railway operators in ensuring the safety of railway operations; and

NOTING that the effective provision of railway safety is a matter that, to be dealt with effectively, requires uniformity across the nation in respect of policy and norms and standards,

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows—

TABLE OF CONTENTS

CHAPTER 1
INTERPRETATION, APPLICATION AND OBJECTS

CHAPTER 2
RAILWAY SAFETY REGULATOR

CHAPTER 3
RAILWAY SAFETY PERMITS

CHAPTER 4
RAILWAY SAFETY CRITICAL GRADES, STANDARDS AND SAFETY MANAGEMENT SYSTEM

CHAPTER 5
RAILWAY SAFETY INFORMATION AND MONITORING SYSTEM

CHAPTER 6
ENFORCEMENT

CHAPTER 7
RAILWAY OCCURRENCE REPORTING AND INVESTIGATIONS

CHAPTER 8
APPEALS

CHAPTER 9
GENERAL AND MISCELLANEOUS

Part A
Offences and penalties

Part B
Regulations and notices

Part C
Transitional, repeal and commencement provisions

LINK TO FULL NOTICE

Railway Safety Act 30 of 2024 (English / Sepedi)

G 51731 GoN 5650

10 December 2024

51731railwaysafetyact30of2024.pdf

LINK TO THE FULL ACT ON THE LEGAL TEAM

RAILWAY SAFETY ACT NO. 30 OF 2024

ACTION

1. Obtain and Maintain Safety Permits

• Apply for Safety Permits: Ensure that all railway operations have the necessary safety permits as required by the Act.
• Renew Permits: Apply for the renewal of safety permits at least three months before the expiry of the existing permits.
• Comply with Permit Conditions: Adhere to all conditions specified in the safety permits, including any additional conditions imposed by the Railway Safety Regulator.

2. Implement Safety Management Systems

• Develop a Safety Management System (SMS): Create a formal framework that integrates safety into day-to-day railway operations, including safety goals, performance targets, risk assessments, and monitoring processes.
• Submit SMS Reports: Provide safety management system reports to the Railway Safety Regulator as required.

3. Train and Certify Personnel

• Safety Critical Grades: Ensure that personnel in safety-critical positions hold the relevant safety critical grade licenses issued by the Railway Safety Regulator.
• Training Institutions: Utilize registered training institutions for the training and certification of safety-critical personnel.

4. Conduct Regular Inspections and Audits

• Routine Compliance Inspections: Allow railway safety inspectors to conduct routine inspections to ensure compliance with the Act.
• Enforcement Inspections: Cooperate with enforcement inspections conducted under the authority of a warrant if there is suspicion of non-compliance.

5. Report and Investigate Railway Occurrences

• Report Occurrences: Report any railway occurrences (accidents or incidents) to the Railway Safety Regulator in the prescribed manner and timeframe.
• Conduct Investigations: Carry out investigations for standard occurrences and cooperate with independent investigators for major occurrences.

6. Maintain Records and Information Systems

• National Railway Safety Information System: Provide relevant data, information, documents, and materials to the Railway Safety Regulator for inclusion in the national railway safety information and monitoring system.
• Protect Information: Ensure the confidentiality and protection of information submitted to the Railway Safety Regulator.

7. Comply with Regulations and Standards

• Adhere to Railway Safety Standards: Follow the railway safety standards prescribed by the Minister and any additional standards proposed by the Railway Safety Regulator.
• Implement Regulations: Comply with all regulations and notices issued under the Act, including those related to design, construction, alteration, and new operations.

8. Address Unsafe Conditions

• Respond to Directives: Take prompt action to address any unsafe conditions or activities identified by railway safety inspectors.
• Implement Corrective Measures: Follow directives issued by railway safety inspectors to restrict, suspend, or modify unsafe conditions or activities.

9. Participate in Consultative Forums

• Engage with Stakeholders: Participate in consultative forums established by the Railway Safety Regulator to collaborate and discuss railway safety matters.

10. Legal and Administrative Compliance

• Appeal Mechanisms: Utilize the appeal mechanisms provided in the Act to challenge decisions or directives that adversely affect the organization.
• Offences and Penalties: Be aware of the offences and penalties outlined in the Act and ensure that the organization and its personnel do not engage in activities that could result in violations.

LAW AND TYPE OF NOTICE

Economic Regulation of Transport Amendment Bill: Draft

G 51711 GeN 2877

– Comment by 22 Jan 2025

06 December 2024

APPLIES TO: 

1.     Rail Transport: Regulation of rail services, infrastructure, and operations.

2.     Road Transport: Oversight of road freight and passenger transport services.

3.     Maritime Transport: Regulation of ports, shipping services, and related infrastructure.

4.     Aviation: Oversight of airports, airlines, and air traffic services.

SUMMED UP:

Purpose of the Bill:

The Bill aims to correct erroneous references in Schedule 1 of the Economic Regulation of Transport Act, 2024, where the year “2020” is incorrectly cited instead of “2024”.

FULL TEXT

DETAILS

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA

NOTICE 2877 OF 2024

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA

The Portfolio Committee on Transport hereby publishes the Draft Economic Regulation of Transport Amendment Bill, 2024 and the Memorandum on the Objects of the Bill for public comment.

Members of the public are invited to submit written comment on the Bill by 22 January 2025. Public hearings will be scheduled for February 2025 for stakeholders who, in addition to the written comments, indicate interest in making a verbal presentation to the Committee. Should you require the Memorandum on the Objects of the Bill in any of the official languages, please contact the Committee Secretary (see details below).

All correspondence should be addressed to Mr SD Selamolela, Chairperson: PC on Transport and marked for the attention of Ms V Carelse, the Committee Secretary.

Kindly direct all enquiries and written submissions to the Committee Secretary, Ms V Carelse.

By email: vcarelse@parliament.gov.za

By post: Mr SD Selamolela

Chairperson: Portfolio Committee on Transport

Attention: Ms V Carelse

W/S 3/79, Third Floor

90 Plein Street

Cape Town

8000

By telephone: Ms V Carelse (021) 403 3272 or 083 709 8445

ECONOMIC REGULATION OF TRANSPORT AMENDMENT BILL

(As introduced in the National Assembly (proposed section 75); Bill and prior notice of its introduction published in Government Gazette No. of )

(The English text is the official text of the Bill)

BILL

To amend the Economic Regulation of Transport Act, 2024, so as to correct erroneous references in Schedule 1 to the Act; and to provide for matters connected therewith.

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows: ―

Amendment of Schedule 1 to Act 6 of 2024

1. Schedule 1 to the Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024) (hereinafter referred to as the “principal Act”), is hereby amended by the substitution for the year “2020” of the year “2024” wherever the year “2020” appears as part of the citation of the principal Act.

Short title

2. This Act is called the Economic Regulation of Transport Amendment Act, 2024.

MEMORANDUM ON THE OBJECTS OF THE ECONOMIC REGULATION OF TRANSPORT AMENDMENT BILL, 2024

1. INTRODUCTION

The Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024) (hereinafter referred to as “the principal Act”), which was assented to by the President on 6 June 2024, is erroneously cited in Schedule 1 to that Act as the Economic Regulation of Transport Act, 2020.

Given that the principal Act has been assented to and forms part of the statute book, the only way in which the error can be corrected is through a legislative amendment to the Act.

2. OBJECTS OF THE BILL

The purpose of the Economic Regulation of Transport Amendment Bill, 2024, is to correct the error in Schedule 1 to the principal Act in order to eliminate any possible interpretation challenges that can lead to courts having to be called upon to determine the correct interpretation.

3. CONTENTS OF THE BILL

Clause 1 of the Bill seeks to amend Schedule 1 of the principal Act by stating that the reference of the year “2020” in the citation of the principal Act, wherever it appears in that Schedule, must be amended to read the year “2024”.

Clause 2 of the Bill contains the short title of the Bill.

The Committee proposes that the Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution of the Republic of South Africa, 1996, since it does not contain any provisions to which the procedures set out in section 74 or 76 of the Constitution apply.

The Committee is of the opinion that it is not necessary to refer this Bill to the National House of Traditional and Khoisan Leaders in terms of section 39(1)(a) of the Traditional and Khoi-San Leadership Act, 2019 (Act No. 3 of 2019), since it does not contain provisions pertaining to customary law or customs of traditional and Khoi-San communities.

LINK TO FULL NOTICE

Economic Regulation of Transport Amendment Bill: Draft

G 51711 GeN 2877

– Comment by 22 Jan 2025

06 December 2024

51711gen2877.pdf

ACTION

Ensure that you submit comments timeously.