NEW LEGISLATION – June 2011
NEW LEGISLATION (CHEMICAL & ALLIED INDUSTRIES’ ASSOCIATION News Letter abstract)
Reconditioned Drums and Plastic Containers
The South African National Standard applicable to the reprocessing of previously certified packaging (SANS 10406: Transport of dangerous goods – the reprocessing of previously certified packaging) is currently being revised by a Working Group of a Technical Committee (TC 1060 – National Steering Committee for Dangerous Goods Standards). The revised standard will include an audit protocol that will be used to verify compliance of drum reconditioners against the requirements of the National Standard. The ultimate objective will be to use the SANS 10406 Audit Protocol for Responsible Care and to assess the performance of the companies that recondition previously used chemical containers for the chemical sector against this protocol. A number of drum reconditioners are CAIA members and Responsible Care signatories and will be subject to this audit when finalized and incorporated into the
Standard. We encourage our members to ensure that while industry waits for the completion of the work of the Working Group at the SABS the reconditioners that their companies use have sound
environmental, quality as well as health and safety management systems in place. The Rose Foundation alerted CAIA to the fact that a number of drum-reconditioners have participated in an environmental improvement plan and have had baseline audits done at their plants in 2009 and 2010.
Draft Spatial Planning and Land Use
Management Bill, 2011
On 6 May the Department of Rural Development and Land Reform published the Draft Spatial Planning and Land Use Management Bill for public comment. The Bill will replace the Development Facilitation Act No 67 of 1995, Removal of Restrictions Act No 84 of 1967, the Physical Planning Act No 88 of 1967 and other laws. The Bill will impact on all national, provincial and pre-1994 pieces of legislation on land
use management and land development. The primary objects of the Bill are to:
- provide for a uniform, effective, efficient and integrated regulatory framework for spatial planning, land use and land use management in a manner that promotes the principles of co-operative government and public interest;
- provide for and determine development principles, compulsory norms and standards for land use;
- i co-operative governance;
- socio-economic benefits; and
- sustainable and efficient use of land;
- establish planning tribunals; and
- redress the imbalances of the past and ensure there is equity in land use and land use management.
Basic Conditions of Employment Act, 1997
The Minister of Labour has published in the Basic Conditions of Employment Act No.75 of 1997 that the earnings threshold be increased to R172 000. Earnings mean the regular annual remuneration before deductions. Government Notice No. 34287, 13 May 2011.
Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947
The Minister of Agriculture, Forestry and Fisheries, has under Section 23 of the Fertilizers Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No 36 of 1947) published a schedule of amounts payable for the purpose of registration of a farm feed, fertilizers or sterilization installation, agricultural remedy or stock remedy, pest control operator and the renewal and late application of a renewal thereof. Other payments include labeling, change of hazardous classification, additional source
of active ingredients and change in formulation. Government Gazette No. 34234, 29 April 2011.
National Environmental Management: Air Quality Act, 2004.
The Department of Environmental Affairs has published a draft of the Highveld Priority Area Air Quality Management Plan for comment. The document provides the results of an assessment of atmospheric emissions resulting from industrial sources, and of the general air quality in the Priority Area. Notice No. 270 in Gazette No. 34250, 5 May 2011.
Skills Development Act, 1998
The Department of Higher Education and Training has published draft regulations regarding the accounting authority of SETAs for comment and amendment of grant regulations. General Notice 34249 of the 28 April and General Notice 34252 of the 29 April 2011.
Companies Act, 2008
In terms of Section 223, and Item 14 of Schedule 5, of the Companies Act, 2008 (Act No. 71 of 2008), the Minister of Trade and Industry has published the following regulations relating to the functions of the Companies Commission, the Takeover Regulation Panel and the Companies Tribunal, and other matters relating to the regulation of companies, to take effect at the time that the Companies Act 2008 takes effect. Government Gazette 34239 dated 26 April 2011.
SOUTH AFRICAN BUREAU OF STANDARDS (SABS)
The SABS have recently conducted an analysis of the organization culminating in a strategy of the way forward over the coming five years. Pivotal in the role of the organization is contributing to the expansion of international trade, stimulation of the economy and supporting the green initiative.
The following standards have been concluded:
- SADCSTAN/TC15/FDHS SANS 10234, Globally Harmonized Systems (GHS).
- SANS OHSAS 18801: Occupational Health & Safety Management Systems – Requirements.
- SANS OHSAS 18002: Occupational Health & Safety Management Systems – Guidelines for the implementation of OHSAS 18001: 2007.
For further information please contact:
SABS Information Services, Tel: 012 428 6666
Standards Sales at the SABS, Tel: 012 428 6883