NEW LEGISLATION
(CHEMICAL & ALLIED INDUSTRIES’ ASSOCIATION News Letter abstract)

Employment Equity Act, Act No 55 of 1998

The draft revised South African Code of Good Practice on HIV and AIDS in the World of Work was published in General Notice No. 622, Government Gazette 34593 on the 8 September 2011. This notice replaces Notice 584 of 2011, Gazette No 34556 published on the 26 August 2011.

National Road Traffic Act, 1996

Notice No 776 in Gazette 34621 of 20 September 2011 exempts motor vehicles transporting ISO containers from the 4.3 metres height restrictions in regulation 224 of the National Road Traffic Regulations. The provision is published in terms of section 75 of the National Road Traffic Act, 1996. No new height restriction is imposed by the exemption.

Air Quality Act No 39 of 2004

The Minister of Water and Environmental Affairs has published her intention to establish the proposed national ambient air quality standard for particulate matter of aerodynamic diameter less than 2.5 micron metres. Concentrations are to be expressed at a standardised temperature of 25˚C and a

pressure of 101,3 kPa. Assessments of all ambient pollutant concentrations must be conducted in terms of the National Framework for Air Quality Management in the Republic of South Africa.

Members of the public have been invited to submit written representations on or objections to the proposed National Ambient Air Quality Standard. General Notice 515 of 5 August 2011 Government Gazette 34493.

SANS STANDARD

The following standard has been published and available as South African National Standard:

SANS 50010:2011 – Measurement and verification of energy savings. The standard can be purchased from the SABS Information Services department at info@sabs.co.za or from the Web store at www.sabs.co.za

SANAS NEWS

Government incentives are about to come into effect to encourage the largest users of energy (the Industrial and Mining Sectors) to implement Energy Efficiency (EE) measures. These measures are intended to reduce energy usage until the New Build programmes come into effect and base-load electricity supply is increased. These measures are intended to reduce energy usage until the New Build programmes come into effect and base-load electricity supply is increased. An amendment to the Tax Act, indicating that government is ready to implement a tax rebate system, has been agreed in principle. In terms of the income tax allowance, industry will be entitled to claim a rebate for EE savings resulting from activities in the production of income. The regulations setting out the process for determining the quantum of EE savings, and requirements for claiming the tax rebate, are expected to be published soon. Government will need to have complete confidence in the savings results presented, and assurance that the incentives can be granted without fear of subjectivity or conflict of interest. The South African National Accreditation System (SANAS) has fast-tracked the process of training Assessors to accredit Measurement and Verification (M&V) Agencies.

Industry will be looking to use SANAS accredited M&V Agencies to ensure that their reported savings will result in successful rebate applications. M&V Agencies wishing to retain a competitive advantage should therefore seriously consider SANAS accreditation. For further enquiries contact

Ms Azra Ahmed at azra@sanas.co.za

NEW LEGISLATION (CHEMICAL & ALLIED INDUSTRIES’ ASSOCIATION News Letter abstract)

National Environmental Management: Waste Act 59 of 2008

On 1 July 2011, the Minister of Water and Environmental Affairs, published the following

Draft National Standards and Regulations:

1. Draft National Standard for the Scrapping and Recovery of Motor Vehicles (Government Gazette 34413 Notice Number 431)
2. Draft National Standard for Disposal of Waste to Landfill (Government Gazette 34414 Notice Number 432)
3. Draft Standard for Assessment of Waste for Landfill Disposal (Government Gazette 34415 Notice Number 433)
4. Draft National Standard for the Extraction, Flaring or Recovery of Landfill Gas in South Africa (Government Gazette 34416 Notice Number 434)
5. Draft Waste Classification and Management Regulations (Government Gazette 34417 Notice Number 435)
6. Draft National Norms and Standards for the Storage of Waste (Government Gazette 34418 Notice Number 436) Members of the public are invited to submit written representations or objections to the Minister by the 15 August for Nos. 2, 3 and 5 (the original 30 days has been extended) and by the l September for Nos. 1, 4 and 6.

The full gazettes can be accessed from www.sawic.org.za under draft documents for comments.

ASME Boiler and Pressure Vessel Code

The 2011 addenda to the ASME Boiler and Pressure Vessel Code was released on July 1, 2011. Instead of issuing the addenda as pages for insertion into the 2010 edition of the Code as in the past, the addenda is incorporated into the Code and ASME will provide everyone who purchased a copy of a Section of the 2010 edition of the Code, a free copy of the same Section with the 2011 addenda incorporated. ASME also announces that there will be no addenda service in 2012 and in all future years. A new edition of the Boiler and Pressure Vessel Code will be published in 2013 and from then on, a new edition of the Code will be published every two years.

New SANS Standards

The following SANS standards were recently published -

• SANS 310, Storage tank facilities for hazardous chemicals – Above ground storage tank
• SANS 3000-4, Railway safety management Part 4: Human factors management
• SANS 14005, Environmental management systems – Guidelines for the phased implementation of an environmental management system, including the use of environmental performance evaluation
• SANS 17422, Plastics – Environmental aspects – General guidelines for their inclusion in standards
• SANS 1186-4. Symbolic safety signs Part 4: Retro-reflective signs
• SANS 10111-1, Engineering drawings Part 1: General principles
• SANS 10233, Transport of dangerous goods – Intermediate bulk containers for road and rail transport
• SANS 1518, Transport of dangerous goods Design requirements for road vehicles and portable tanks.

Commencement of the Electrical Machinery Regulations, 2011, Gazette 34254; No. R. 250

The Electrical Machinery Regulations, 2011 commences on the 1st of July 2011. Please note that Regulation 12(4) shall only commence on the 1st of October 2012.

The Regulations contains provisions on the following -

• PPE
• Work on disconnected electrical machinery
• Notice
• Switchgear and transformer premises
• Electrical control gear
• Switchboards
• Electrical machinery in hazardous locations
• Portable electrical tools and lights
• Electric fences
• Earthing
• Overhead power lines, service connections and overhead line crossings
• Bare conductors on premises
• Fees payable
• Offences and penalties

Three documents have been published for comment:

1. The Minister of Water and Environmental Affairs has in General Notice 515 of 2011, Government Gazette 34493 dated 5 August 2011 published her intention to establish the proposed National Ambient Air Quality Standard for Particulate Matter of Aerodynamic Diameter less than 2.5 Micron Metres.
2. The Minister of Water and Environmental Affairs, has, in General Notice 586 of 2011, Government Gazette 34558 dated 26 August 2011 has published the National Environmental Management Laws Amendment Bill, 2011 for public comment.
3. The National Department of Health has published its draft National Environmental Health Policy as contained in General Notice 517 of 2011, Government Gazette 34499 dated 3 August 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.

LEGISLATION

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;
• promote
  • 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
info@sabs.co.za
Standards Sales at the SABS, Tel: 012 428 6883
sales@sabs.co.za

NEW LEGISLATION (CHEMICAL & ALLIED INDUSTRIES’ ASSOCIATION News Letter abstract)

National Environmental Management:  Air Quality Act, 2004 (Act No 39).

The Department of Environmental Affairs have given notice of the intention under paragraphs (a) (e) (k) and (p) of Section 53 to phase out ozone depleting substances in South Africa.  Government Gazette 33925 of the 14 January 2011.

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No.36)

The Department of Agriculture, Forestry and Fisheries have published the Pesticide Management Policy for South Africa.  The policy covers protection of human health and the promotion of a non-toxic environment, obligations under international agreements, labeling, monitoring programmes, disposal and container management, alternative products and the public’s right to access the information on pesticides.  Government Gazette No. 33899 of 24 December 2010.

National Climate Change Response Green Paper 2010

The long awaited draft National Climate Change Response Green Paper appeared towards the end of November in 2010.  Electronic copies can be downloaded from www.environment.gov.za.  Following a period of consultation a final White Paper is anticipated in mid 2011.

Road Traffic Amendment 18 – GG 33980 and draft Amendment 19 – GG 33979.

The amendment concerning the driving license legislation that was supposed to become effective on 1 February 2011, where a new holder of a Class C1, C, EC1 or EC license was not allowed to drive a Class B or EB vehicle has been amendment again.

Amendment 18 of 1 February 2011 has changed the legislation back to the position that applied before 1 February 2011 and new Class C1, C, EC1 or EC holders of licenses may drive Class B or EB vehicles respectively.

The gazette also corrected an error in regulation 138(1)(j) – the word “roadworthy” was replaced with the word “unroadworthy”.

NATIONAL SKILLS  DEVELOPMENT STRATEGY NSDS III

The new national skills development strategy (NSDSIII) was launched on the 13 January at a press briefing by the Minister of Higher Education and Training.  The strategy is a departure from previous strategies in that it attempts to address the short comings in skills development and how they can be overcome rather, as in the past, an exercise in target setting.

EXTENSION OF DEADLINE FOR CIPRO RETURNS

Pursuant to a media release issued on 25 January regarding extension of office hours for submission of annual returns, the deadline for submission of annual returns has been reviewed and the last date for submission is 21 February.

Each company and close corporation has a statutory duty to lodge and pay annual returns with CIPRO every year, failure of which will result in the company or close corporation incurring a penalty for late lodgement and finally deregistered.  CIPRO uses annual returns to confirm whether a company or close corporation is still doing business and to update its records of the latest information.

The extended office hours of the CIPRO Cape Town and Pretoria offices until 18h00 on weekdays will also continue until 21 February, only for submission of annual returns.

To assist in confirming a company’s or close corporation’s status, CIPRO has published the lists of non compliant companies and close corporations on its website under:  News and Events/Information Library/CIPRO Publications:

http://www.cipro.gov.za/info_library/cip_pub.asp.

This list may be saved locally to a customer’s PC and searched through by using the “CTRL F” function.  Any queries regarding annual returns or restorations can be addressed to annualreturns@cipro.gov.za or the call centre at 086 184 3384.

TRADING OF DANGEROUS GOODS

SANS 10232-3, Transport of Dangerous Goods – emergency information systems is now open for public comment.   Closing date 30 March.

World on the Mend:  “EMs Outperform, G7 Improving”  Business Monitor International www.businessmonitor.com examines how the growth differential between developed and emerging economies (EMs) will narrow in 2011.

The Top 10 Global Fine Chemicals Companies.   Business Insight.  The report analyses the fine chemicals market in terms of market size, profitability, trends, competitive position of the leading 10 players and brief overview of the major players. Go to www.research-store.com/smartbrief/Product/the_top_10_global_fine_chemicals_co.za

National Road Traffic Act 1996 (Act No.93)

The Department of Transport has posted a schedule of Approved Dangerous Goods Training Bodies in terms of regulation 280(1) of the National Road Traffic Regulation, 2000.  Notice 66 in Gazette No. 33992 dated 4 February 2011.

National Environmental Management Act, 107 of 1998

The Minister of Water and Environmental Affairs has extended the period of submission of comments on the draft amendment to the Environmental Impact Assessment Regulations 2010, and the Listing Notices, until 8 March 2011.  Notice 46 in Gazette No. 33954 dated 28 January 2011.

SANS Standards

The following revised standards have been published by the SABS:

• SANS 10087-4, The handling, storage, distribution and maintenance of liquefied petroleum gas in domestic, commercial and industrial installations Part 4: The transportation of LP gas including the design, construction, inspection, fittings, filling, and repair of LP gas bulk vehicles and rail tank cars.
• SANS 10400-D, The application of the National Building Regulations Part D: Public Safety
• SANS 10400-G, The application of the National Building Regulations Part G: Excavations
• SANS 10400-O, The application of the National Building Regulations Part O: Lighting and ventilation
• SANS 60335-1: Household and similar electrical appliances – Safety Part 1: General requirements
• SANS 60598-2-10, Luminaires Part 2-20: Particular requirements – Lighting chains

Should you require further information, please contact:

SABS Information Services,

Tel: 012 428 6666; info@sabs.co.za

Standards Sales at the SABS,

Tel: 012 428 6883, sales@sabs.co.za

The standards can also be downloaded directly from the secure standards Webstore:

http://www.sabs.co.za/index.php?page=

standardspurchase) on entry of a credit card number.

CIPRO TRANSFORMS

A new commission will be put in place to deliver against the new Companies Act mandate which comes into effect in April 2011.  The new commission will combine the Office of Companies and Intellectual Property Enforcement (OCIPE) and Companies and Intellectual Property Registration Office (CIPRO).

The Act provides for the transformation of CIPRO Into a newly established independent organ of state, with significantly expanded functions and powers, to be known as the Companies and Intellectual Property Commission (Companies Commission).  Administrative functions currently assigned to the Minister under the Companies Act, are to be de-politicised and placed within the jurisdiction of the Commission.  The Commission will therefore act as a public service and will be lead by a commissioner and deputy commissioner.

The following are the main objectives of the   new commission

• Registration of companies, external companies and co-operatives
• Registration of intellectual property rights
• Maintenance of information on its registers
• Promotion of education and awareness of company and intellectual property law
• Promotion of compliance with relevant legislation
• Efficient and effective enforcement of all relevant legislation

The Act also introduces a number of new responsibilities, which CIPRO currently do not perform, but will be performed by the new commission. These include:

• Enforcement of the Act – pro-active enforcement measures by way of compliance notices served on defaulting companies.
• Investigations – investigation of all complaints and contraventions of the Act.
• Inspections – proactively investigate the affairs of companies.
• Dispute resolution – promote dispute resolution through the Companies Tribunal or any other similar accredited agency.
• Reporting and research – report to and advise the Minister on matters of national policy relating to company and intellectual property law and continuously review all relevant legislation, regulations and financial reporting standards.
• Public education – promote public awareness of company and intellectual property law matters.

It should be noted that new close corporations will not be registered after the act becomes enforceable, but that those existing on the Close Corporations Register, prior to the implementation date of the Act, will be maintained.

(CHEMICAL & ALLIED INDUSTRIES’ ASSOCIATION News Letter abstract)

REGISTRATION, EVALUATION, AUTHORISATION AND RESTRICTION OF CHEMICALS (REACH)

Companies are reminded that if you have a pre-registered phase for a chemical above 1000 tons, a chemical with particularly hazardous properties: CMR category 1 or 2 or one with a considerable environmental risk profile (R50-53) then the December 1 2010 registration deadline is just around the corner for companies pre-registered with REACH for export into the European Union.

NEW LEGISLATION

Rebate of Duty for Blends of Petroleum Hydrocarbons

SARS has created new rebate items to provide for a rebate of duty for blends of complex petroleum hydrocarbons classifiable in tariff heading 2710.11.90 for use as plasticisers in the manufacture of synthetic rubber and of pneumatic tyres, in such quantities and at such times as ITAC may allow by specific permit. The present import duty on products of tariff heading 2710.11.90 is 11c/litre.

Notice R.847 in Gazette no 33585 dated 1 October 2010

Schedule of Controlled Products – Drugs and Drug Trafficking Act

The Minister of Justice and Constitutional Development has added o-toluidine (o-aminotoluene) to the schedule of controlled products in terms of the Drugs and Drug Trafficking Act.

Notice R.880 in Gazette no 33601 dated 8 October 2010

Road Traffic Legislation

The Road Traffic Management Corporation has published the National Road Traffic Law Enforcement Code (NRTLEC) for comment. The RTMC Act requires the publication of the Code which will govern all aspects of law enforcement relating to road traffic matters. Comments can be made until 29 October.

Gazette 33560, Notice No 860 of 23 September 2010:

The requirements for the Registrar of the Road Traffic Infringement Agency have been published. Section 8(1) of the AARTO Act, 1998 requires the publication of the qualifications and experience for a person to be able to be appointed as the Registrar.

Gazette 33572, Notice No 883 of 22 September 2010:

Implementation of the Consumer Protection Act of 2008 and the Companies Act of 2008

Take note that the Minister of Trade and Industry has deferred the general implementation date of both the Consumer Protection Act of 2008 and the Companies Act of 2008 to 1 April 2011.

NEW STANDARDS FROM THE SABS

The following standards have been published by the SABS:

Amendment to SANS 10216:2010 Edition 5.1

Amdt 1 2010: Amended to:

• add information regarding reference to this standard in legislation to the foreword
• to add equipment in the annex on requirements for facilities and equipment
• to add a new annex that contains requirements for axle-play detectors

Amendment to SANS 10231:2010 Edition 3.1

Amdt 1 2010: Amended to:

• give options that may be used as a dangerous goods declaration
• to delete the term ‘dangerous goods loading/offloading supervisor’
• to move references to legislation to the foreword, to change the table on the load compatibility chart
• to update reference to legislation.

-          SANS 10229-2, Transport of dangerous goods – Packaging and large packaging for road and rail transport Part 2: Large packaging

-          SANS 1825, Gas cylinder test stations – General requirements for periodic inspection and testing of transportable refillable gas pressure receptacles.

Should you require further information please contact:

SABS Information Services – Tel: 012 428 6666; info@sabs.co.za

Standard Sales: Tel: 012 428 6883; sales@sabs.co.za