cct ess legal register summary - stellenbosch university

CITY OF CAPE TOWN, ELECTRICAL SUPPORT SERVICES - ENVIRONMENTAL, HEALTH & SAFETY LEGAL REGISTER SUMMARY

Revision No: 01 Document No: Approved by: Date revised:23 June 2007

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Section / Regulation Title and Legal Requirements Comment / Action / Implication Records / Documentation

Compiled, maintained and reviewed by: Mark Dittke Attorney, Cape Town [email protected]

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CITY OF CAPE TOWN, ELECTRICAL SUPPORT SERVICES

ENVIRONMENTAL, HEALTH & SAFETY

LEGAL REGISTER SUMMARY

Part A. Environmental legislationPart B. Health & Safety legislationPart C. By-laws

A. ENVIRONMENTAL LEGISLATION

1 National Environmental Management Act, 107 of 19981.1 EIA Regulations in terms of Ch 5 of the National Environmental Management Act, GN R 385 of 21 April 20061.2 List of (EIA) Activities and Competent Authorities identified in terms of sections 24 and 24D of the National Environmental Management Act,

GN R 386 of 21 April 20061.3 List of (EIA) Activities and Competent Authorities identified in terms of sections 24 and 24D of the National Environmental Management Act,

GN R 387 of 21 April 2006

2 Environment Conservation Act, 73 of 19892.1 Identification of Matter as Waste GN 1986 of 24 August 19902.2 Noise Control Regulations–Western Cape, PN 627 of 20 November 19982.3 Draft Regulations relating to Noise Control, PN 14 of 25 January 2007

2A Cape Town Declaration on Energy for Cities, 2003



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2B White Paper on Integrated Pollution Control and Waste Management (2000)

2C National Waste Management Strategy (1999)

3 National Water Act, 36 of 1998

4 Water Services Act, 108 of 19974.1 Regulations Relating to Compulsory National Standards and Measures to Conserve Water, GN R 509 of 8 June 2001

5 Hazardous Substances Act, 15 of 19735.1 Group I Hazardous Substances Declaration, GN R 452 of 25 March 19775.2 Group I Hazardous Substances Amendment, GN R 1381 of 12 August 19945.3 Group I Hazardous Substances Regulations, GN R 453 of 25 March 19775.4 Group II Hazardous Substances Declaration, GN R 1382 of 12 August 1994

5A SANS 10228–The Identification and Classification of Dangerous Substances and Goods

5B Minimum Requirements for the Handling, Classification and Disposal of Hazardous Waste (DWAF, 1998)

5C National Road Traffic Act, 93 of 19965C.1 Transportation of Dangerous Goods and Substances by Road–Chapter VIII of the Regulations in terms of the Act, GN R 225 of 17 March 20005C.2 Incorporation of Standard Specifications into the National Road Traffic Regulations, 2001

6 Atmospheric Pollution Prevention Act, 45 of 19656.1 Extension of Definition for Noxious or Offensive Gases, GN 1172 of 5 July 1968



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6.2 Extension of Definition for Noxious or Offensive Gases, GN 1175 of 4 October 19686.3 Declaration of Controlled Area under Part II of the Act, GN R 1776 of 4 October 19686.4 Regulations concerning the Control of Noxious or Offensive Gases emitted by Diesel-driven Vehicles, GN R 1651 of 20 September 19746.5 Application of Part III of Act to certain Local Authorities, GN R 1904 of 1 December 1967

6A Montreal Protocol on Substances that deplete the Ozone Layer, 19876A.1 Montreal Protocol Amendment, 19906A.2 Montreal Protocol Amendment, 1992

6B United Nations Framework Convention on Climate Change, 19926B.1 Kyoto Protocol, 1997

6C Vienna Convention for the Protection of the Ozone Layer, 1985

6D Air Quality Act, 39 of 2004

7 National Building Regulations and Building Standards Act, 103 of 19777.1 Regulations - National Building Regulations and Building Standards Act, 1990

8 Promotion of Access to Information Act, 2 of 20008.1 Regulations - Promotion of Access to Information Act, 2002

9 Constitution of the Republic of South Africa, 108 of 1996–section 24

10 Protected Disclosures Act, 26 of 2000



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B. HEALTH AND SAFETY LEGISLATION

11 Occupational Health and Safety Act, 85 of 199311.1 General Safety Regulations, GN R 1031 of 30 May 198611.2 Environmental Regulations for Workplaces, GN R 2281 of 16 October 198711.3 Driven Machinery Regulations, GN R 295 of 26 February 198811.4 General Machinery Regulations, GN R 1521 of 5 August 198811.5 Electrical Machinery Regulations, GN R 1593 of 12 August 198811.6 Facilities Regulations, GN R 924 of 3 August 200411.7 Hazardous Chemical Substances Regulations, GN R 1179 of 25 August 199511.8 General Administrative Regulations, GN R 929 of 25 June 200311.9 Vessels under Pressure Regulations, GN R 1591 of 4 October 199611.10 Noise Induced Hearing Loss Regulations, GN R 307 of 7 March 200311.11 Asbestos Regulations, GN R 155 of 10 February 200211.12 Electrical Installation Regulations, GN R 2920 of 23 October 199211.13 Construction Regulations, GN R 1010 of 18 July 2003

11A Basic Conditions of Employment Act, 75 of 199711A.1 General Administrative Regulations, GN R 1438 of 13 November 199811A.2 Code of Good Practice on the Protection of Employees during Pregnancy and after the Birth of a Child, GN R 1441 of 13 November 199811A.3 Code of Good Practice on the Arrangement of Working Time, GN R 1440 of 13 November 1998

11B Labour Relations Act, 66 of 1995

12 Health Act, 63 of 197712.1 General Health Regulations, GN R 180 of 10 February 1967



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12.2 Regulations relating to Inspections and Investigations, GN R 1128 of 24 May 1991

12A National Health Act, 61 of 2003

13 Compensation for Occupational Injuries and Diseases Act, 130 of 199313.1 Regulations, GN R 120 of 28 January 2005

14 Tobacco Products Control Act, 83 of 199314.1 Notice relating to Smoking of Tobacco Products in Public Places, GN R 975 of 29 September 2000

C. BY-LAWS

15 City of Cape Town –Wastewater and Industrial Effluent By-law, LA 18367 of 1 September 2006

16 City of Cape Town–Dumping and Littering By-law, 21 June 2002

17 City of Cape Town–Air Pollution Control By-law, 2003

18 City of Cape Town–By-law Relating to Community Fire Safety, 2001

19 City of Cape Town–Environmental Health By-law, 2003

20 Cape Metropolitan Council - Waste Management By-law, PN 467 of 15 September 2000

21 City of Cape Town–Water By-law, LA 18366 of 1 September 2006



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22 City of Cape Town–By-law relating to Stormwater Management, PG 6300 of 23 September 2005

23 Cape Town Municipality–Solid Waste By-Law, PN 127 of 13 April 1984



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PART A: ENVIRONMENTAL LEGISLATION

1. NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 107 OF 19981(1) Section 1 Definitions Keep in mind1(2) Section 2 Principles

Acts as guide and spirit for interpretation andimplementation of this Act and all other environmentallegislation

Keep in mind

1(3) Sections 23–24; 24A-I Integrated Environmental Management; EnvironmentalAuthorisationsThese will form the basis of future EIA regulations, and willreplace corresponding sections in the EnvironmentConservation Act

Keep in mind

1(4) Section 28 Duty of care and remediation of environmental damageEnshrines polluter pays principle; duty to rehabilitate; dutyto take reasonable measures to prevent pollution; authoritiesmay intervene, act and recover costs in default

Duty applies to, inter alia, an owner of land or premises, aperson in control of land or premises or a person who has aright to use the land or premises

Develop procedures to prevent pollution, or to deal withsame; develop incident reporting procedures; carry outperiodic compliance checks; perform risk assessments;train employees; advise all contractors, and suppliers (ifapplicable) and ensure that all their staff are also trainedto deal with pollution incidents occurring on thecompany’s premises

If third parties (eg tenants, subtenants, contractors,agents etc) use the land or premises then agreementsshould be entered into, and indemnities perhaps beobtained from same; periodic checks over theiroperations or activities should be carried out

Procedures

Indemnities

1(5) Section 29 Protection of workers refusing to do environmentallyhazardous workAllows employees to refuse the carrying out of orders or Keep in mind



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work which may result in damage to the environment1(6) Section 30 Control of emergency incidents

Defines incidents as an unexpected sudden occurrenceleading to serious danger to the public or potentiallyserious pollution of or detriment to the environment,whether immediate or delayed;

duty to report to authorities; duty to take mitigatory measures; duty to clean up; authorities may intervene, act and

recover costs in default

Duty applies to, inter alia, person responsible for incident,owns any hazardous substance involved in incident, or wasin control of such hazardous substance

Develop emergency incident reporting procedures(internal and to authorities); develop procedures to dealwith emergency incidents and to take mitigatorymeasures; develop rehabilitation procedures to deal withemergency incidents; train employees; advise allcontractors, and suppliers (if applicable) and suppliers (ifapplicable) and ensure that all their staff are also trainedto deal with emergency incidents occurring on thecompany’s premises

Take note of the persons on whom the duty rests

1(7) Section 31 Access to environmental information and protection ofwhistle blowersProtects whistleblowers; prohibits discrimination againstsame

Keep in mind

1(8) Sections 31B–Q Deals with environmental management inspectors Keep in mind. Advise all staff to cooperate if requested.1(9) Section 32 Legal standing to enforce environmental laws

Allows any person or group to seek legal recourse in theevent of any breach or potential of this Act or any other lawdealing with the protection of the environment or the use ofnatural resources; allows such person or group also to bringactions on behalf of others, in the public interest or in theinterest of protecting the environment

Court may award costs in favour of the person or group ifsuccessful in the action; BUT court may also decide not togrant costs against the person or group if the action is

Potential of legal action against the company by avariety of possible parties, including individuals, NGOs,community groups etc

Keep in mind



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unsuccessful (ie if company wins) provided person or groupacted reasonably out of concern for the public interest or inthe interest of protecting the environment and had made dueefforts to use other means reasonably available for obtainingthe relief sought.

1(10) Section 33 Private prosecutionAllows any person or group in public interest or interest ofprotection of environment to institute and conductprosecution (where state itself refuses to prosecute)

If private prosecution is successful court may orderperson/company convicted to pay costs and expensesincurred

Potential of legal action against the company by avariety of possible parties, including individuals, NGOs,community groups etc

Keep in mind

1(11) Section 34 Criminal proceedingsWhere person/company is convicted of an offence listedunder Schedule 3 to Act, and state and/or individual suffereddamages court may inquire summarily into amount of loss ordamage caused. Court can then give judgment for thisamount (s 34(1)).

Where person/company is convicted of an offence listedunder Schedule 3 to Act court may inquire summarily intoand assess monetary value of advantage gained or likely tobe gained by person in consequence of offence, and inaddition to any other punishment imposed in respect of thatoffence, court may order award of damages or compensationor fine equal to amount so assessed (s 34(2)).

Court may order person convicted of an offence listed underSchedule 3 to Act upon application by public prosecutor orother organ of state to pay reasonable costs incurred bypublic prosecutor or other organ of state in investigation and

Additional liability in terms of civil damages. Keep inmind because of potentially large damages claims.

Further liability in addition to civil damages in terms of s34(1).

Keep in mind. Costs may be large particularly whereexperts were involved.



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prosecution of offence (s 34(3)).

If a manager, agent or employee does or omits to do an actwhich it had been his/her task to do on behalf of theemployer and which would be an offence under Schedule 3to the Act for the employer to do or omit to do and the act oromission of the manager, agent or employee took placebecause the employer failed to take all reasonable steps toprevent it from happening, then the employer shall be guiltyof the offence (s 34(4)).

When a manager, agent or employee does or omits to do anact which it had been his task to do or refrain from doing onbehalf of the employer and which would be an offence underSchedule 3 to Act for the employer to do or omit to do,he/she shall be liable to be convicted and sentence as ifhe/she were the employer (s 34(5)).

A director of the firm at the time of the commission of anoffence under Schedule 3 to Act shall be guilty of theoffence and liable on conviction to the penalty specified inthe relevant law, including an order under subsection (2), (3)and (4), if the offence in question resulted from the failure ofthe director to take all reasonable steps that were necessaryunder the circumstances to prevent the commission of theoffence (s 34(6)).

Any such manager, agent, employee or director may beconvicted and sentenced in addition to the employer or firm(s 34(8)).

Employer (eg company) may be held liable for actions ofits managers, agents or employees. Training ofaforementioned therefore important.

Manager, agent or employee may be held personallyliable for pollution damages. Ensure that fully aware ofthis. Point out to aforementioned as part of training.

Personal liability of director. Ensure that director fullyaware of this.

Personal liability of manager, agent, employee ordirector. Ensure that fully aware of this. Point out toaforementioned as part of training.

1(12) Section 34A Offences relating to environmental management inspectors Keep in mind



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1(13) Section 34B Award of part of fine recovered to informant Keep in mind1(14) Section 34C Cancellation of permits

In case of conviction by court permits can be cancelledKeep in mind

1(15) Section 34D Forfeiture of itemsIn case of conviction by court any specimen, container,vehicle, vessel, aircraft or document etc used in commissionof offence can be forfeited to state.

Keep in mind

1(16) Section 34F Security for release of vehicles, vessels or aircraftIf seized because of criminal prosecution/investigation thencan apply to court for release against security to be provided

Keep in mind

1(17) Section 34G Admission of guilt fines Keep in mind1(18) Section 35 Conclusion of agreements:

Minister, MEC or municipality may enter intoenvironmental management co-operation agreements withany person or community for purpose of promotingcompliance with principles laid down in Act.

For information purposes.



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1.1 EIA REGULATIONS IN TERMS OF CH 5 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, GN R 385 OF 21 APRIL 2006These Regulations came into force on 3 July 2006 by virtue of GN R 612 of 23 June 2006.As they are quite lengthy only a short synopsis of relevant procedures to be followed will be provided here. Kindly refer to the Regulations themselves for the various procedures to befollowed.

Essentially there are two different possible scenarios or procedures which are applicable, namely:- Basic Assessment applications- Scoping followed by an EIA

The list of activities requiring only a basic assessment are set out in GN R 386 of 21 April 2006, while activities requiring scoping and EIA can be found in GN R 387 of 21 April 2006.Please see below for further below.1.1(1) Regulation 1 Interpretation

Sets out definitions Keep in mind1.1(2) Regulations 22-26 Applications subject to Basic Assessment

Sets out the requirements and procedure for basicassessments.

Keep in mind

1.1(3) Regulation 27-36 Applications subject to Scoping and EIASets out the requirements and procedure for scoping andEIA.

Keep in mind

1.1(4) Regulations 39-50 Amendment and withdrawal of environmental authorisationsSets out conditions and requirements for amending orwithdrawing an environmental authorisation. This can bedone either the holder of the authorisation or the competentauthority.

Refer to Second Schedule of that Act to see if possiblefuture developments, expansion, projects etc might beincluded in this Schedule.

1.1(5) Regulations 56-59 Public participation processesSets out details of this process. Please note, this is also Keep in mind.



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covered in various other parts of the Regulations.1.1(6) Regulations 82-86 Transitional arrangements and commencement

Deals with situations originally governed by the old EIARegulations of 1997 (ie GN R 1182 and GN R 1183 of1997).

Keep in mind (if applicable)

1.2 LIST OF ACTIVITIES AND COMPETENT AUTHORITIES IDENTIFIED IN TERMS OF SECTIONS 24 AND 24D OF THE NATIONAL ENVIRONMENTALMANAGEMENT ACT, GN R 386 OF 21 APRIL 2006

These Regulations came into force on 3 July 2006 by virtue of GN R 612 of 23 June 2006 (apart from Items 8 and 9 which deal with certain mining activities–their date of commencement isstill to be proclaimed).This deals with activities which only require a Basic Assessment, and not Scoping and an EIA.1.2(1) Regulation 1 Definitions Keep in mind1.2(2) Schedule Sets out the various activities which would require a Basic

Assessment.Keep in mind.

1.3 LIST OF ACTIVITIES AND COMPETENT AUTHORITIES IDENTIFIED IN TERMS OF SECTIONS 24 AND 24D OF THE NATIONAL ENVIRONMENTALMANAGEMENT ACT, GN R 387 OF 21 APRIL 2006

These Regulations came into force on 3 July 2006 by virtue of GN R 612 of 23 June 2006 (apart from Items 7 and 8 which deal with certain mining activities–their date of commencement isstill to be proclaimed).This deals with activities which require Scoping and an EIA, as opposed to only a Basic Assessment.1.3(1) Regulation 1 Definitions Keep in mind1.3(2) Schedule Sets out the various activities which would require Scoping

and an EIA.Keep in mind.



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2. ENVIRONMENT CONSERVATION ACT, 73 OF 19892(1) Section 1 Definitions Keep in mind2(2) Section 19 Prohibition of littering

No person may discard, dump or leave any litter on any landor water surface, street, road or site in or on any place towhich the public has access, except in a container or at aspecial place.

Ensure that no dumping or littering occurs on or in frontof company premises either by employees, contractors,agents, suppliers or public. Develop training andawareness.

2(3) Section 20 Waste managementNo person shall establish, provide or operate any disposalsite without a permit.

Permit now issued by DEAT and no longer DWAF.

Subject to the provisions of any other law no person shalldiscard waste or dispose of it in any other manner except ata permitted disposal site, or in a manner or by means of afacility or method or subject to such conditions as may beprescribed.

Keep in mind. Do not dispose of waste on premises.

Keep in mind.

Develop waste management procedures. Trainemployees and contractors.

2(4) Section 21 Identification of activities which will probably havedetrimental effect on environmentLists identified activities requiring environmental impactassessments (EIA).

Keep in mind for possible future developments orprojects.

2(5) Section 22 Prohibition on undertaking of identified activitiesNeed written authorisation before carrying out an identifiedactivity listed in section 21.

Keep in mind for possible future developments orprojects

2(6) Section 29 Offences and penaltiesLists various fines, sentences and offences. Refer to Act formore details.

Ensure that procedures are in place to preventcontraventions of Act.

2(7) Section 30 ForfeitureA court convicting any person may declare any vehicle or Keep in mind.



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other thing used to commit offence, or the person’s right to such vehicle or thing, forfeited.

2(8) Section 41A Right to enter upon landAny authorised person may after reasonable notice to owneror occupier enter at any reasonable time upon land toinvestigate compliance with or contravention of Act.

Keep in mind.

2.1 IDENTIFICATION OF MATTER AS WASTE, GN 1986 GG 12703 OF 24 AUGUST 19902.1(1) - For the purposes of the definition of ‘waste’ in section of the

Environment Conservation Act, ‘waste’ is defined as an undesirable or superfluous by-product, emission, residue orremainder of any process or activity, any matter, gaseous,liquid or solid or any combination thereof, originating fromany residential, commercial or industrial area, which–a) is discarded by any person; orb) is accumulated and stored by any person with the

purpose of eventually discarding it with or without priortreatment connected with the discarding thereof; or

c) building rubble used for filling or levelling purposes;d) is stored by any person with the purpose of recycling,

re-using or extracting a useable product from suchmatter, excluding -

i) water used for industrial purposes or any effluentproduced by or resulting from such use which isdischarged in compliance with the provisions ofsection 21 (1) of the Water Act, 54 of 1956, or onthe authority of an exemption granted under section21 (4) of this Act;

ii) any matter discharged into a septic tank or frenchdrain sewerage system and any water or effluent

Develop proper waste management procedures. Trainemployees and contractors accordingly.



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contemplated in section 21(2) of this Act;iii) any radio-active substance discarded in compliance

with the provisions of the Nuclear Energy Act, 92of 1982;

iv) any minerals, tailings, waste-rock or slimesproduced by or resulting from activities at a mineor works as defined in section 1 of the Mines andWorks Act, 27 of 1956; and

v) ash produced by or resulting from activities at anundertaking for the generation of electricity underthe provisions of the Electricity Act, 41 of 1987.

2.2 WESTERN CAPE NOISE CONTROL REGULATIONS, PN 627 OF 20 NOVEMBER 19982.2(1) Regulation 1 Definitions Keep in mind2.2(2) Regulation 2 Powers of local authority

Include, inter alia (see section 2 for complete list of powers): entering and inspecting premises stop and test vehicle, or order testing give written notice ordering discontinuation of

noise require prior noise impact assessments or tests to be

carried out attach vehicles impose any conditions install monitoring equipment, erect signs or notice

Keep in mind

2.2(3) Regulation 3 General prohibition Keep in mind. Develop noise control procedures. Procedures2.2(4) Regulation 4 Prohibition of disturbing noise Keep in mind. Develop noise control procedures. Procedures



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2.2(5) Regulation 5 Prohibition of noise nuisance Keep in mind. Develop noise control procedures. Procedures2.2(6) Regulation 7 Exemptions Keep in mind2.2(7) Regulation 8 Attachments

Deals with attachment of vehicles Keep in mind2.2(8) Regulation 9 Penalties

Contravention of regulations 3, 4 or 5 is criminal offence– up to R 20 000.00 and/or 2 years imprisonment if continuing offence: R 250.00 and/or 20 days for

each day on which offence occurs

Keep in mind. Develop noise control procedures. Procedures



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3. NATIONAL WATER ACT, 36 OF 19983(1) Section 1 Definitions Keep in mind3(2) Section 2 Purpose of Act Keep in mind

Section 4 Entitlement to water useStates who may use water and under what conditions Ensure that water use complies with this, and that all

licences, registrations etc are validLicences, registrations etc

3(3) Section 19 Prevention and remedying effects of pollutionOwner, person in control, occupier or user of land on whichany activity/process is/was performed/undertaken, or anyother situation exists, which causes, has caused, or is likelyto cause pollution of a water resource, must take allreasonable measures to prevent such pollution fromoccurring, continuing or recurring (section 19(1)).

These measures may include measures to- cease, modify or control any act or process causing

the pollution; comply with any prescribed waste standard or

management practice; contain or prevent the movement of pollutants; eliminate any source of pollution; remedy the effects of the pollution.(section 19(2)

A Catchment Management Agency (CMA) may direct anyperson failing to take measures to either do so or continuedoing so (section 19(3)).

Should person fail to do so or inadequately, CMA may takemeasures it considers necessary to remedy situation (section

Take special notice of the list of responsible persons (nota closed list).Develop proper water pollution prevention measures.Train employees, contractors etc.

Develop proper water pollution prevention measures.Train employees, contractors etc.

Keep in mind

Keep in mind. Develop procedures to properly deal withany possible directives/orders by officials.



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19(4)).

Subject to section 19(6) CMA may recover all costs incurredjointly and severally from–

any person who was responsible for, or contributed tothe pollution;

the owner of the land when the pollution occurred orhis successor-in-title;

the person in control of the land or any person who hasa right to use the land at the time when–

o the activity or process is or was performed orundertaken; or

o when the situation came about; any person who negligently failed to prevent–

o the activity or process being performed orundertaken; or

o the situation from coming about(section 19(5))

The CMA may claim costs from any other person whobenefited from the measures taken by the CMA (section19(6)).

Costs claimed by CMA must be reasonable and mayinclude, without being limited to, labour, administrative andoverhead costs (section 19(7)).

Take special notice of the list of responsible persons (nota closed list).Develop proper water pollution prevention measures.Train employees, contractors etc and point out theirpersonal liability as well.

Keep in mind

Keep in mind

3(4) Section 20 Control of emergency incidentsDefines ‘incident’ as including any incident or accident in Keep in mind. Develop emergency incident procedures.



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which a substance pollutes or has potential to pollute waterresource, or has, or is likely to have, detrimental effect onwater resource (section 20(1)).

‘Responsible person’ includes any person who - is responsible for incident owns substance involved in incident was in control of substance involved at time of incident(section 20(2))

Responsible person, or any other person involved, or anyperson with knowledge of incident, must as soon asreasonably practicable after obtaining knowledge of incidentreport to - Dept of Environmental Affairs & Tourism SAPS Relevant CMA(section 20(3))

Responsible person must– take all reasonable measures to contain and minimise

effects of incident undertake clean-up procedures remedy effects of incident take such measures as CMA may direct(section 20(4))

Should responsible person fail to comply, or inadequatelycomply, or it not be possible to give directive to responsibleperson timeously, CMA may take measures it considersnecessary to–

Incorporate definition therein.

Keep in mind. Advise employees, contractors etc.

Develop emergency incident procedures. Adviseemployees, contractors etc of duty to report.

Develop emergency incident procedures. Adviseemployees, contractors etc of duty to report.

Keep in mind.



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contain and minimise effects of incident undertake clean-up procedures remedy effects of incident(section 20(6))

CMA may recover all reasonable costs incurred from everyresponsible person jointly and severally (section 20(7)).

Costs claimed may include, without being limited to, labour,administrative and overhead costs (section 20(8)).

Keep in mind. Consider incorporating indemnity clausesinto written agreements with contractors etc,alternatively consider entering into ad hoc indemnityagreements where no other written agreements are inplace.

Ditto

Indemnities

3(5) Section 21 Water useWater use includes, inter alia– taking water from water resource storing water discharging waste or water containing waste into water

resource through pipe, canal, sewer, sea outfall or otherconduit

disposing of waste in manner which may detrimentallyimpact on water resource

disposing in any manner of water which contains wastefrom, or which has been heated in, any industrial orpower generation process

Central provision of Act. Should at all times be kept inmind. All waste (solid, hazardous, wastewater, effluentand other liquids) and stormwater procedures should bedefined around this.

Procedures

3(6) Section 22 Permissible water uses1) Person may only use water (section 22(1): without licence-

o if water use permissible under Schedule 1 Schedule 1 basically deals with domestic, recreationaland small scale use for commercial and industrialpurposes. This is generally where water is supplied bythe local authority. This includes the discharge of waste



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o if water use is permissible as continuation ofexisting lawful use

o if water use is permissible in terms of generalauthorisation issued under section 39

(section 22(1)(a))

if water use is authorised by licence under Act(section 22(1)(b))

if responsible authority has dispensed with licencerequirement under section 22(3)

(section 22(1)(c))

2) Person using water (section 22(2) - must use water subject to any conditions of relevant

authorisation for that use is subject to any limitation, restriction or prohibition in

terms of Act or any other applicable law discharge or disposal of waste or water containing

waste must comply with any applicable waste standardsor management practices unless conditions of

the local authority. This includes the discharge of wasteor water containing waste, or run-off, includingstormwater, from any residential, commercial andindustrial site into a canal, sea outfall or other conduitcontrolled by another person authorised to undertakepurification, treatment or disposal of waste or watercontaining waste.Ensure that waste or water contain waste is discharged toan authorised point (eg municipal sewer).

Generally this would be where a licence, exemption orother authorisation has already been issued.

Refer to General Authorisations GN 1191 GG 20526 of8 October 1999.

Check whether licence is required, and if so, whetherstill valid.

Investigate whether licence requirement has beendispensed with.

Check up on conditions pertaining to water use. Ensurecompliance.

Ensure compliance.

Ensure compliance.

Licence, exemption etc

Licence

Conditions pertaining towater use

Applicable waste standardsor management practices



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or management practices unless conditions ofauthorisation provide otherwise

may not waste water

must return any seepage, run-off or water containingwaste which emanates from that use, to water resourcefrom which water was taken, unless responsibleauthority directs otherwise or relevant authorisationprovides otherwise.

Implement water saving, minimisation, recycling or re-use procedures. Train employees, contractors etc.Ensure proper return. Implement procedures in thisregard if necessary. Check any possible conditions inimposed either by authorisation or authority.

Procedures

Procedures

3(7) Section 27 Considerations for issue of general authorisations andlicences

Keep in mind

3(8) Section 28 Essential requirements of licences lists what licence must specify licence period may not exceed 40 years review periods during which licence reviewed must not

be more than 5 years

Keep expiry period in mindKeep review period in mind

LicenceLicence

3(9) Section 29 Conditions for issue of general authorisations and licencesLists conditions responsible authority may attach to generalauthorisations in respect of various matters.

Refer to Act for full details

3(10) Section 32 Definition of existing lawful water useDefines various forms of water use which are classified asexisting lawful water use.

Refer to Act for full details

3(11) Section 33 Declaration of water use as existing lawful water useA person may apply for such declaration (if the water use isnot contemplated in terms of section 32(1)), or responsibleauthority may do so on its own initiative.

If need be apply to have existing water use declaredlawful. Refer also to Act for full details for whenrelevant authority may act itself.

3(12) Section 34 Authority to continue with existing lawful water useA person, or that person’s successor-in-title, may continuewith existing lawful water use, subject to– any existing conditions/obligations attached to use its replacement by a licence in terms of Act

Allows for authorisations etc to be transferred to others.If taking over from another person/company examineany possible existing conditions, obligations,prohibitions imposed by authorisation etc

Authorisation, licence etc



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any other limitation/prohibition by or under Act3(13) Section 36 Declaration of stream flow reduction activities For information purposes3(14) Section 37 Controlled activity Refer to Act for full details3(15) Section 39 General authorisations

Sets out contents of general authorisations and procedure tobe followed by responsible authority

For information purposes

3(16) Section 40 Applications for licenceDuty to apply for licence if this is required Keep in mind

3(17) Section 41 Procedure for licence applications Refer to Act for full details3(18) Section 42 Compulsory licence applications

Responsible authority may require water users to apply for acompulsory licence. Sets out procedure to be followed.Applicants may be required to undertake impact assessmentsas part of application. Responsible authority will determineamount of water to be allocated.

Keep in mind. This is only really relevant where waterstress is already experienced or will be experiencedsoon. Refer to Act for full details.

3(19) Section 49 Review and amendment of licencesMay only be done at time period stipulated in licence.Amendment may only be done if conditions of otherlicences for similar water use from same water resource insame vicinity have also been amended.

Keep in mind

3(20) Section 52 Procedure for earlier renewal or amendment of licencesLicencee may, before expiry date of licence, apply forrenewal or amendment.

Develop procedures to ensure compliance with licenceobligations.Ensure that renewal is applied for timeously. Also if it isapparent that conditions of existing application can nolonger be met or will have to be varied then apply foramendment.

Procedure

3(21) Section 53 Rectification of contraventionsResponsible authority may direct person contravening thisAct, a directive previously imposed, or condition applicableto any authority to use water, to take action to rectify

Ensure that no contraventions occur in first place. Ifnotice is served ensure that it is complied withtimeously.



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contravention within specified time period.

If action not taken within specified time period responsibleauthority may– carry out any works and take any other action necessary

to rectify contravention and recover reasonable costsfrom person on whom notice was served

apply to court for appropriate relief3(22) Section 54 Suspension or withdrawal of entitlement to use water

Responsible authority may by notice either suspend orwithdraw entitlement to water use. Only allowed if by priornotice an opportunity to rectify was given, or if such noticewas not complied with.

Ensure that no contraventions occur in first place. Ifnotice is served ensure that it is complied withtimeously.

3(23) Section 124 Appointment of authorised personsAllows appointment of inspectors For information purposes

3(24) Section 125 Powers and duties of authorised personsMay at any reasonable time and without prior notice, enteror cross property to carry out routine inspections of wateruse under any authorisation.

May at any reasonable time and without prior notice, onauthority of warrant, enter property, and perform any actionnecessary to investigate whether Act, condition attached to any

authorised water use, or notice or directive iscontravened

Investigate whether information supplied in connectionwith water use is accurate

Keep in mind

Keep in mind

3(25) Section 151 OffencesLists various offences Ensure that no contraventions occur. Develop procedures

to prevent possible liability.Procedures



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3(26) Section 152 Enquiry in respect of compensation for harm, loss ordamage sufferedWhere any person is convicted of an offence and another person suffered harm or loss as result of act or

omission, or damage caused to water resourcecourt may at written request of person who suffered harm orloss, or at written request of Minister enquire into harm, lossor damage and determine extent thereof.

Keep in mind. Potential liability may be large. Developproper water pollution prevention procedures.

Procedures

3(27) Section 153 Award of damagesCourt may– award damages for loss or harm suffered order accused to pay cost of any remedial measures,

and order that the remedial measures to be implemented are

undertaken by accused or relevant water managementinstitution

Keep in mind. Potential liability may be large. Developproper water pollution prevention procedures.

3(28) Section 154 Offences in relation to employer and employee relationshipsProvides for liability of employer or principal as well Keep in mind. Ensure that proper training of employees

and agents occurs in order to prevent personal exposureof employers and principals.

3(29) Section 155 Interdict or other order by High CourtCourt may grant orders or interdicts for contraventions ofAct.

Keep in mind



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4. WATER SERVICES ACT, 108 OF 19974(1) Section 1 Definitions Keep in mind4(2) Section 6 Access to water services through nominated water services

providerNo person may use water services from a source other than awater services provider nominated by the water servicesauthority having jurisdiction in the area in question, withoutthe approval of that water services authority

Ensure that water services are obtained lawfully

4(3) Section 7 Industrial use of waterNo person may obtain water for industrial use from anysource other than the distribution system of a water servicesprovider nominated by the water services authority havingjurisdiction in the area in question, without the approval ofthat water services authority.

No person may dispose of industrial effluent in any mannerother than that approved by the water services providernominated by the water services authority havingjurisdiction in the area in question.

No approval given by a water services authority relievesanyone from complying with any other law relating to theuse and conservation of water and water resources, or thedisposal of effluent.

Ensure that water for industrial use is obtained lawfully

Ensure proper disposal of industrial effluent

Ensure water conservation measures are in place Procedures



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4.1 REGULATIONS RELATING TO COMPULSORY NATIONAL STANDARDS AND MEASURES TO CONSERVE WATER, GN R 509 OF 8 JUNE 20014.1(1) Regulation 9 Quantity and quality of industrial effluent discharged into

a sewerage systemA water services institution is only obliged to accept thequantity and quality of industrial effluent or any othersubstance into a sewerage system that the sewage treatmentplant linked to that system is capable of purifying or treatingto ensure that any discharge to a water resource complieswith any standard prescribed under the National Water Act.

Keep in mind



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5. HAZARDOUS SUBSTANCES ACT, 15 OF 19735(1) Section 1 Definitions Keep in mind5(2) Section 2 Declaration of grouped hazardous substances For information purposes5(3) Section 3 Sale of Group I and Group III, and letting, use, operation,

application and installation of Group III, hazardoussubstancesSubject to the provisions of subsections (1A) and (2) noperson shall-(a) sell any Group I hazardous substance-

(i) unless he is the holder of a licence issued to himin terms of section 4 (a); and

(ii) otherwise than subject to the conditions prescribedor determined by the Director-General;

(b) sell, let, use, operate or apply any Group III hazardoussubstance unless a licence under section 4 (b) is in forcein respect thereof, and otherwise than subject to theconditions prescribed or determined by theDirector-General;(c) install or keep installed any Group III hazardous

substance on any premises unless a licence undersection 4 (c) is in force in respect of such premises,and otherwise than subject to the conditionsprescribed or determined by the Director-General.

Any person contravening this section will be guilty of anoffence.

Obtain licence if selling any Group I hazardoussubstanceEnsure that any possible conditions are complied with

Establish if any possible Group III hazardous substanceare covered by this. If so obtain licence.

Establish if any possible Group III hazardous substanceare installed or kept on premises. If so obtain licence.

Ensure compliance. Ensure that licences are valid.

Licence

Licence or other conditions

Licence

Licence

Licence

5(4) Section 3A Production, acquisition, disposal, and importation andexportation, of Group IV hazardous substancesSubject to the provisions of this section, no person shallproduce or otherwise acquire, or dispose of, or import into

Obtain written authority. Ensure compliance with termsand conditions.

Written authority



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the Republic or export from there, or be in possession of, oruse, or convey or cause to be conveyed, any Group IVhazardous substance, except in terms of a written authorityunder subsection (2) and in accordance with-(a) the prescribed conditions; and(b) such further conditions (if any) as the Director-General

may in each case determine.

Any person who contravenes or fails to comply with thissection or any condition imposed thereunder will be guiltyof an offence.

Ensure compliance. Ensure that written authorities arevalid.

Written authority

5(5) Section 4 LicensingThe Director-General may on application and subject to theprescribed conditions and such further conditions as theDirector-General may in each case determine, issue to anyperson a licence-(a) to carry on business as a supplier of Group I hazardous

substances;(b) to sell, let, use, operate or apply any Group III

hazardous substance;(c) to install a Group III hazardous substance on any

premises mentioned in such licence

The Director-General may not grant an application undersubsection (1) unless he is satisfied that-(a) if the applicant is a natural person, he, or, if the

applicant is a company, a director of the company, or, ifthe applicant is a close corporation, a member of thecorporation, is a suitable person to carry on, or beinvolved in, the activities authorized by the licence;

(b) an interest which any person has in the applicant

Keep in mind. Apply for licence if necessary.


Licence



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concerned, is reconcilable with the provisions of thisAct;

(c) the applicant will be able to exercise sufficient controlover the activities authorized by the licence;

(d) the licence concerned has not been issued to a sufficientnumber of persons; and

(e) the issue of the licence will be in the public interest.

5(6) Section 5 Period of validity and renewal of licencesLicence is valid either indefinitely or for prescribed period,but may on application be renewed.

Ensure validity of licence and that it does not expire (ifapplicable).

Licence

5(7) Section 7 Suspension and cancellation of licencesLicences may be cancelled under certain circumstances. Refer to Act for full details. Ensure compliance with

licence conditions.Licence

5(8) Section 9 Powers of inspectorsInspectors have wide powers of inspection, demandinginformation, entering premises, seizing items etc

Refer to Act for full details. Keep in mind.

5(9) Section 9A EmbargoPower of inspector to place embargo on any groupedhazardous substance, appliance, vehicle or other object.

Keep in mind

5(10) Section 9B SeizurePower of inspector to seize any grouped hazardoussubstance, appliance, vehicle or other object.

Director-General may recover from owner of object seizedthe reasonable expenses incurred by inspector.

Keep in mind

Keep in mind

5(11) Section 16 Liability of employer or principalProvides for personal criminal liability of employer,mandator or principal for acts or omissions committed byemployee, mandatory or agent.

Keep personal criminal liability in mind. Ensure thatproper training of employees, mandatory, agents andcontractors takes place.

5(12) Section 18 Offences



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Lists various offence Refer to Act for full details. Keep in mind.5(13) Section 19 Penalties

Lists various sentences and/or fines Refer to Act for full details. Keep in mind.5(14) Section 21 Forfeiture and disposal of goods

Court may order forfeiture to State of any groupedhazardous substance, appliance, product or other object.

Keep in mind

5.1 GROUP I HAZARDOUS SUBSTANCES DECLARATION, GN R 452 GG 5467 OF 25 MARCH 19775.1(1) - Defines Category A and B Group I hazardous substances. Refer to Regulation for full details of substances.

5.2 GROUP I HAZARDOUS SUBSTANCES AMENDMENT, GN R 1381 GG 15907 OF 12 AUGUST 19945.2(1) - Amends Category B Group I hazardous substances. Refer to Regulation for full details of substances.



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5.3 GROUP I HAZARDOUS SUBSTANCES REGULATIONS, GN R 453 GG 5467 OF 25 MARCH 19775.3(1) Regulation 1 Definitions Keep in mind5.3(2) Regulation Licences

Licence only valid until 31st day of December in year it isissued.

Ensure that new licence or renewal of licence istimeously applied for.

Licence

5.3(3) Regulation 3 Who licence may be granted toLists category of eligible persons. For information purposes

5.3(4) Regulation 4 Conditions of sale or supply of Group I HazardousSubstancesAny sale of Group I hazardous substance may only takeplace at address mentioned in licence and under control ofperson mentioned therein.

No licensee shall supply any such substance to any otherlicensee unless he is furnished with the number of thelicence issued to such other licensee and endorses suchnumber on the relative invoice.

A licensee shall keep all Group I hazardous substances in hispossession or charge under proper care and control, entirelyseparate from articles of food or drink and either in a room,a cupboard or an enclosure reserved solely for the purposeand securely locked at all times except when stocks areadded or removed. Substance may not be sold over anycounter or table used in connection with the handling,preparation or sale of any article of food or drink.

Subject to subregulation (5A), no person shall sell anyGroup I hazardous substance except in a container which issecurely closed, free from leaks and of sufficient strength to

Ensure compliance with this.

Always obtain number of licence from other licensee.

Ensure compliance with this at all times. Trainemployees and contractors accordingly.

Ensure containers are securely closed, free from leaksand sufficiently strong enough. Train employees andcontractors accordingly.



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withstand rough usage and preclude any loss of the contents.

Every Category B Group I hazardous substance kept for saleby a person referred to in regulation 3 (v) shall be kept forsale or supplied in the unbroken, original container assupplied by the manufacturer or wholesale dealer.

Ensure compliance

5.3(5) Regulation 5 Records to be keptA licensee who is an importer, manufacturer or wholesaledistributor of Group I hazardous substances shall keep stockrecords listing several requirements and information.

Records to be kept for at least 3 years.

Refer to Regulation for full details of what must berecorded.

Ensure that records are kept for 3 years.

Records

Records5.3(6) Regulation 6 Further details to be recorded

Licencee shall not sell or supply Group I substances unlessfor every sale or supply full details of purchase date,purchaser, purpose etc are recorded.

Where substances are purchased on order the identity ofpurchaser must be known or proved.

Licencee to record full details of any Group I substanceacquired, date of purchase, and from whom acquired. Mustbalance stock on last day of April and September.

Licencee to retain Group I substances book for at least 3years from date of last entry therein.

Always ensure that full details are obtained andrecorded.

Ensure that identity is obtained and recorded.

Ensure full recording of purchases and that regularbalancing takes places.

Ensure that records kept for at least 3 years.

Records

Records

Records

Records

5.3(7) Regulation 8 LabellingLists various warnings, symbols and information that mustbe displayed on label.

Ensure that labelling is complete and correct.

5.3(8) Regulation 10 Disposal of empty containers



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Every container of a Category B Group I hazardoussubstance which is returnable to a supplier shall, beforebeing so returned, be securely closed so as to preclude anyloss of its contents.

Every such returned container shall, after being cleaned, beused only as a Category B Group I hazardous substancescontainer.

Every empty container of a Category B Group I hazardoussubstance which has no notification on the label that thecontainer must be returned to the supplier, shall beperforated and flattened and then buried in the ground ordisposed of in any other safe manner.

No container that at any time contained a Group I hazardoussubstance may be used as a container for any foodstuff orcosmetic as defined by the Foodstuffs, Cosmetics andDisinfectants Act, 1972 (Act 54 of 1972).

No empty container that contained a foodstuff or cosmetic asdefined by the Foodstuffs, Cosmetics and Disinfectants Act,1972 (Act 54 of 1972), shall be used as a container for anyGroup I hazardous substance.

Ensure that containers are properly closed. Trainemployees and contractors. Develop proper wastemanagement and disposal procedure.

Ensure that containers are only used for this purpose.Ensure that containers are not obtained or taken by thirdparties who are unaware of previous use and contents.Train employees and contractors. Develop proper wastemanagement and disposal procedure.Ensure proper disposal as required. Develop properwaste management and disposal procedure. Trainemployees and contractors. Ensure that containers arenot obtained or taken by third parties who are unawareof previous use and contents.

Ensure that containers are not used for foodstuff orcosmetics. Train employees and contractors. Ensure thatcontainers are not obtained or taken by third parties whoare unaware of previous use and contents. Developproper waste management and disposal procedure.

Ensure that containers are not used for Group Ihazardous substances. Train employees and contractors.Develop proper waste management and disposalprocedure.

Procedures

Procedures

Procedures

Procedures

Procedures

5.3(9) Regulation 11 OffencesContravention is criminal offence. Currently punishable withR 500 maximum fine.

Keep in mind. Ensure compliance to preventprosecution.



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5.4 GROUP II HAZARDOUS SUBSTANCES DECLARATION, GN R 1382 GG 15907 OF 12 AUGUST 19945.4(1) - Defines all substances and goods listed in SABS 0228 “The

identification and classification of dangerous substances andgoods” with the exception of Class 1: Explosives and Class7: Radioactive Substances, to be Group II hazardoussubstances.

Refer to SABS code for full details of substances andgoods.

5A. SANS 10228 –THE IDENTIFICATION AND CLASSIFICATION OF DANGEROUS GOODS AND SUBSTANCES5A(1) - Kindly refer to SABS code for full list of goods and

substances.Ensure compliance. Develop procedures. Procedures



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5C. NATIONAL ROAD TRAFFIC ACT, 93 OF 19965C(1) Section 1 Definitions Keep in mind5C(2) Chapter IV Fitness of Drivers Keep in mind. Ensure compliance. Ensure validity of

licences etc.Drivers’ Licences

5C(3) Chapter V Fitness of Vehicles Keep in mind. Ensure compliance. Ensure thatregistration of vehicles is valid.

Vehicle Registrations

5C(4) Chapter VI Operator Fitness Ensure that operator fit and qualified. Procedures5C(5) Chapter VIII Dangerous Goods

No person shall, except as prescribed, offer fortransportation in a vehicle, or transport in a vehicle, oraccept after transportation in, on or by a vehicle, anyprescribed dangerous goods (section 54)

NB: Chapter VIII must be read together with theRegulations promulgated in this regard (see below).

Ensure compliance. Develop procedures. Procedures



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5C.1 TRANSPORTATION OF DANGEROUS GOODS AND SUBSTANCES BY ROAD –CHAPTER VIII OF THE REGULATIONS IN TERMS OF THE ACT5C.1(1) Regulation 273 Definitions Keep in mind5C.1(2) Regulation 275 Transportation of dangerous goods prohibited

Unless transportation takes place as per these Regulations. Develop procedures to ensure compliance. Procedures5C.1(3) Regulation 277 Duties of operator, driver, consignor and consignee Develop procedures to ensure compliance. Procedures5C.1(4) Regulations 278-279 Dangerous goods classification and authority Ensure compliance with SABS standard. Develop

procedures.Procedures

5C.1(5) Regulation 280 Driver to undergo trainingDriver to be trained properly as per the Regulation. Ensure that drivers are trained. Training

5C.1(6) Regulation 281 Documents to be held by driverTremcards and manifest Ensure that drivers carry tremcards, manifest, permit etc

in vehicle. Develop procedures.TremcardsManifestProceduresProfessional driving permit



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6. ATMOSPHERIC POLLUTION PREVENTION ACT, 45 OF 1965Please note: This Act will be repealed once the Air Quality Act fully enters into force.6(1) Section 1 Definitions Keep in mind6(2) Section 8 Controlled areas

For purposes of controlling noxious or offensive gases. Whole of SA is controlled area for these purposes.6(3) Section 9 Premises on which scheduled process carried on to be

registeredNeed registration certificate for carrying on scheduledprocess

Ensure compliance. Obtain registration certificate. Provisional registrationcertificate

6(4) Section 10 Application for and issue of registration certificate andprovisional registration certificateSets out procedure involved Keep in mind and follow procedure. Procedures

6(5) Section 11 Period of validity and conditions of provisional certificate Ensure compliance with conditions. Ensure thatcertificate does not expire. Develop procedures to adhereto conditions.

Provisional registrationcertificate / Procedures

6(6) Section 12 Conditions of registration certificatesSets out conditions. Ensure compliance with conditions. Develop procedures

to adhere to conditions.Registration certificate /Procedures

6(7) Section 14 Application of (Part III-Atmospheric pollution by smoke)Deals with application of Part III of Act to various areas andlocal authorities. Sets out Minister’s powers etc


6(8) Section 14A Prohibition of manufacture or import of certain fuel burningappliances and parts thereofProhibits manufacture or import if does not comply with Actand other requirements.

Ensure compliance

6(9) Section 15 Installation of fuel burning appliancesAppliance must comply with set out requirements. Mustadvise authorities prior to installation.

Ensure compliance

6(10) Section 17 Procedure where smoke or other products of combustioncause nuisance



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Sets out procedure involved local authorities must follow. For information purposes6(11) Section 19 Procedure in event of contravention of regulations For information purposes6(12) Section 20 Establishment of smoke control zones

Local authority may establish such zones For information purposes6(13) Section 23 Power to enter upon premises

Deals with powers of inspectors Keep in mind6(14) Section 27 Dust control areas

Minister may declare such areas For information purposes6(15) Section 28 Steps to be taken by certain persons for preventing

atmospheric pollution by dustLists requirements for persons who are in dust control area.Adopt prescribed steps (if there are) or best practicablemeans for preventing dust from being dispersed or becomingnuisance.

Keep in mind. Take steps or means. Develop proceduresin this regard.

Procedures

6(16) Section 31 Establishment of Dust Control LevyMinister can establishment account know as Dust ControlLevy Account. Any person to whom sections 28 or 30 applymust contribute. Sets out requirements for payment.

Keep in mind

6(17) Section 32 Prohibition in regard to disposal of assets by mines Keep in mind6(18) Section 37 Procedure in event of contravention of regulations (ie

regulations dealing with air pollution by fumes emitted byvehicles)Deals, inter alia, with stopping, examining and testing ofvehicles, and serving notices.

Keep in mind

6(19) Section 43 Right on entry upon land etcSets out further powers of inspectors etc Keep in mind

6(20) Section 46 PenaltiesContravention of Act is criminal offence. First convictionmaximum fine R 500.00 and/or six months imprisonment.Subsequent conviction maximum fine R 200.00 and/or 1year imprisonment.

Ensure compliance.



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6.1 EXTENSION OF DEFINITION FOR NOXIOUS OR OFFENSIVE GAS, GN 1172 OF 5 JULY 19686.1(1) - Extends definition of noxious and offensive gases listed in

Act.Keep in mind

6.2 EXTENSION OF DEFINITION FOR NOXIOUS OR OFFENSIVE GAS, GN 1175 OF 4 OCTOBER 19686.2(1) - Extends definition of noxious and offensive gases listed in

Act.Keep in mind

6.3 DECLARATION OF CONTROLLED AREA UNDER PART II OF ACT, GN R 1776 OF 4 OCTOBER 19686.3(1) - Declares entire country to be controlled area for noxious and

offensive gases.Keep in mind



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6.4 REGULATIONS CONCERNING THE CONTROL OF NOXIOUS OR OFFENSIVE GASES EMITTED BY DIESEL-DRIVEN VEHICLES, GN R 1651 OF 20SEPTEMBER 1974

6.4(1) Regulation 1 No person shall use or cause or permit to be used upon anypublic road any vehicle driven by a diesel engine if thenoxious or offensive gases emitted by such an engine are ofsuch density or content as to produce, when measured inaccordance with regulation 2—(1) in the case of a local authority mentioned in Part 1 of

the Schedule, a mean reading on the meter greaterthan 60;

(2) in the case of a local authority mentioned in Part 2 ofthe Schedule, a mean reading on the meter greaterthan 65; or

(3) in the case of a local authority mentioned in Part 3 ofthe Schedule, a mean reading on the meter greaterthan 70.

Keep in mind. Implement procedure in terms of whichdiesel vehicles are properly maintained and serviced.

Procedures

6.5 APPLICATION OF PART III OF ACT TO CERTAIN LOCAL AUTHORITIES, GN R 1904 OF 1 DECEMBER 19676.5(1) - Makes Part III of Act (smoke pollution) applicable to several

local authorities.Keep in mind



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6A. MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER, 1987This Convention has been included for reference purposes in the Legal Register. South Africa is a party to the Convention and as such must introduce legislation and/or policies toimplement the Convention. It is the result of the Vienna Convention for the Protection of the Ozone Layer (1985)–see below at 6C.

To date no such legislation has been promulgated. This does not, however, mean that the Convention is irrelevant for your purposes, and it is advised that it be followed, at the very leastin principle. This is particularly so where your company might have or produce substances that deplete the ozone layer. Examples of these are: refrigeration liquids and other coolants.

6A.1. MONTREAL PROTOCOL AMENDMENT, 1990See comments under 6A above.

6A.2 MONTREAL PROTOCOL AMENDMENT, 1992See comments under 6A above.



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6B. UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE, 1992This Convention has been included for reference purposes in the Legal Register. South Africa is a party to the Convention and as such must introduce legislation and/or policies to implementthe Convention. To date no such legislation has been promulgated. This does not, however, mean that the Convention is irrelevant for your purposes, and it is advised that it be followed, atthe very least in principle.

6B.1 KYOTO PROTOCOL, 1997This Protocol is in terms of the UN Climate Change Convention (see above). South Africa is a party to the Convention and the Protocol as such must introduce legislation and/or policiesto implement both. To date no such legislation has been promulgated. This does not, however, mean that the Convention and Protocol are irrelevant for your purposes, and it is advisedthat they be followed, at the very least in principle. This is particularly in respect of the greenhouse gases and sectors/source categories listed in Annex I.

6B.1(1) Articles 2-7 Set out key functions, powers and duties of member states.This will ultimately form the basis of policies and legislationto be introduced by the SA government in due course.

Refer to Protocol for full details. In anticipation ofexpected SA legislation consider phasing out anygreenhouse gases, alternatively reducing same.; considerusing alternative or cleaner technology.

6B.1(2) Annex I Lists the greenhouse gases and sectors/source categoriesidentified and affected.

Refer to Protocol for full details. In anticipation ofexpected SA legislation consider phasing out anygreenhouse gases, alternatively reducing same.; considerusing alternative or cleaner technology.

6C. VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER, 1985This Convention has been included for reference purposes in the Legal Register. South Africa is a party to the Convention and as such must introduce legislation and/or policies toimplement the Convention. To date no such legislation has been promulgated. This does not, however, mean that the Convention is irrelevant for your purposes, and it is advised that it befollowed, at the very least in principle.

The Montreal Protocol plus Amendments (see 6A, 6A.1 and 6A.2 above) are the result of this Convention.



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6D. AIR QUALITY ACT, 39 OF 2004Please note: this Act entered into force on 11 September 2005, WITH THE EXCEPTION OF THE FOLLOWING SECTIONS:

21, 22, 36–49, 51(1)(e) & (f), 51(3), 60, 616D(1) Sections 1, 2, 5 Definitions; Objects of Act; Application of NEMA (the

AQA must be read subject to NEMA)Keep in mind

6D(2) Sections 7 - 8 Establishment (of national framework); national monitoringand information management standardsDeal with the Minister’s obligation to establish a national framework for achieving the object of this Act (incl controlof emissions from point, non-point and mobiles sources;national norms and standards for air quality monitoring andplanning).The norms and standards must cover, among others: accessof public to air quality information; prevention of airpollution and degradation of air quality; reduction ofharmful discharges; effective air quality management.The national framework may differentiate betweengeographical areas and must be reviewed by the Ministerevery 5 years.

Keep in mind. No framework has been drafted to date.

6D(3) Sections 9–10 National standards; provincial standardsThese sections set out the Minister and MEC’s duties and powers insofar as the identification of substances ormixtures of substances in ambient air is concerned; what thepermissible amounts and concentration thereof may be;emission standards for point, non-point and mobile sources.

Keep in mind. No such identification has taken place todate.

6D(4) Section 11 Local standardsThis sections empowers municipalities to pass by-lawscontrolling air pollution; local emission standards for point,non-point and mobile sources.

Keep in mind. No by-laws or local standards have beendrafted to date.

6D(5) Sections 13–17 These sections set out:Appointment of National Air Quality Advisory Committee; Keep in mind. No appointments or plans have been



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Appointment of air quality officers;Obligation of each national and provincial department whichalready has to compile an environmental implementation ormanagement plan to include in that plan an air qualitymanagement plan;Obligation of each municipality to include in its integrateddevelopment plan an air quality management plan;Contents of air quality management plan;Reporting on implementation of air quality managementplan

made to date.

6D(6) Sections 18 - 20 These sections deal with the declaration of priority areas,their management and the implementation of a priority areaair quality management plan.

Keep in mind. No priority areas have been declared todate.

6D(7) Section 21

NOT YET IN FORCE

Listing of activitiesThe Minister must, or the MEC may publish a list ofactivities which result in atmospheric emissions and whichthe Minister or MEC reasonably believes have or may havea significant detrimental effect on the environment,including health, social conditions, economic conditions,ecological conditions or cultural heritage.The list must set out the minimum emission standards inrespect of a substance or mixture of substances resultingfrom a listed activity and identified in the notice, including-(i) the permissible amount, volume, emission rate orconcentration of that substance or mixture of substances thatmay be emitted; and(ii) the manner in which measurements of such emissionsmust be carried out.

Keep in mind. No activities have been listed to date.However, once this has taken place, and if yourcompany’s activities amount to a listed activity then theemissions will have to comply with the standards.Procedures will have to be developed to ensurecompliance.

Future policies

6D(8) Section 22

NOT YET IN FORCE

Consequences of listingNo person may without a provisional atmospheric emissionlicence or an atmospheric emission licence conduct anactivity-

No activities have been listed to date.However, once this has taken place, and if yourcompany’s activities amount to a listed activity then a

Provisional atmosphericemission licenceor



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(a) listed on the national list anywhere in the Republic; or(b) listed on the list applicable in a province anywhere inthat province

licence must be applied for. atmospheric emissionlicence

6D(9) Section 23 Controlled emittersThe Minister or MEC may declare any appliance or activity,or any appliance or activity falling within a specifiedcategory, as a controlled emitter if such appliance oractivity, or appliances or activities falling within suchcategory, result in atmospheric emissions which throughambient concentrations, bioaccumulation, deposition or inany other way, present a threat to health or the environmentor which the Minister or MEC reasonably believes presentssuch a threat.

No such declaration has been made to date.However, if such declaration is made, and if it affectsyour company’s activities, then your operations must be in line with the standards laid down in section 24. In thisevent your company will also have to draft procedures toensure compliance.

Future policies

6D(10) Section 25 Consequences of declarationNo person may manufacture, sell or use any appliance orconduct an activity declared as a controlled emitter unlessthat appliance or activity complies with the standardsestablished in terms of section 24.

No such declaration has been made to date.However, if such declaration is made, and if it affectsyour company’s activities, then your operations must be in line with the standards laid down in section 24.Procedures will then have to be developed.

Future policies

6D(11) Section 26 Controlled fuelsThe Minister or MEC may, by notice in the Gazette, declarea substance or mixture of substances which, when used as afuel in a combustion process, result in atmosphericemissions which through ambient concentrations,bioaccumulation, deposition or in any other way, present athreat to health or the environment or which the Minister orMEC reasonably believes present such a threat, as acontrolled fuel.

No such declaration has been made to date.However, if such declaration is made, and if it affectsyour company’s activities, then your operations must be in line with the provisions laid out in section 27.

6D(12) Section 27 Use and prohibition of controlled fuelThe notice contemplated in section 26(1) may-(a) establish standards for the use of the controlled fuel in

No such declaration has been made to date.However, if such declaration is made, and if it affects



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combustion processes;(b) establish standards for the manufacture or sale of thecontrolled fuel;(c) establish specifications, including maximum or minimumlevels or concentrations of the constituents of substances ormixtures of substances, for the composition of controlledfuels;(d) prohibit the manufacture, sale or use of the controlledfuel;(e) differentiate between different geographical areas;(f) provide for the phasing in of its provisions.

your company’s activities, then your operations must be in line with the provisions of this section.

6D(13) Section 28 Consequences of declaration(1) No person may manufacture, sell or use a controlled fuelunless that manufacture, sale or use complies with thestandards established in terms of section 27.(2) No person may manufacture, sell or use a prohibitedcontrolled fuel unless that manufacture, sale or use complieswith any conditions of manufacture, sale or use establishedin terms of section 27.

No such declaration has been made to date.However, if such declaration is made, and if it affectsyour company’s activities, then your operations must bein line with the standards laid down in section 27.

6D(14) Section 29 Pollution prevention plans(1) The Minister or MEC may, by notice -(a) declare any substance contributing to air pollution as apriority air pollutant; and(b) require persons falling within a category specified in thenotice to prepare, submit to the Minister or MEC forapproval, and implement pollution prevention plans inrespect of a substance declared as a priority air pollutant interms of paragraph (a).(2) The Minister or MEC may, by written notice to a personconducting a listed activity which involves the emission of asubstance declared as a priority air pollutant, require thatperson to prepare, submit to the Minister or MEC for

No such declaration has been made to date.However, if such declaration is made, and if it affectsyour company’s activities, then a pollution prevention plan will have to be drafted and submitted.

If so requested, draft and submit a pollution preventionplan.

Future pollution preventionplan

Future pollution preventionplan



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approval and implement a pollution prevention plan,whether or not that person falls within a category specifiedin terms of subsection (l)(b).(3) Pollution prevention plans must comply with suchrequirements as may be prescribed by the Minister or MEC.

If applicable, ensure that the pollution prevention plancomplies with any such requirements. Procedures willthen have to be developed.

Future procedures

6D(15) Section 30 Atmospheric impact reportsAn air quality officer may require any person to submit tothe air quality officer an atmospheric impact report in aprescribed form if-(a) the air quality officer reasonably suspects that the personhas on one or more occasions contravened or failed tocomply with this Act or any conditions of a licence and thatsuch contravention or failure has had, or may have, adetrimental effect on the environment, including health,social conditions, economic conditions, ecologicalconditions or cultural heritage, or has contributed to thedegradation of ambient air quality; or(b) a review of a provisional atmospheric emission licence

or an atmospheric emission licence is undertaken in terms ofsection 45.

Submit report if requested Atmospheric impact report

6D(16) Section 32 Control of dustThe Minister or MEC may prescribe-(a) measures for the control of dust in specified places orareas, either in general or by specified machinery or inspecified instances;(b) steps that must be taken to prevent nuisance by dust; or(c) other measures aimed at the control of dust.

No such measures have been prescribed to date.If such measures are prescribed in future, and if thisaffects your company’s activities then procedures will have to be developed to ensure compliance.

Future procedures

6D(17) Section 33 Rehabilitation when mining operations ceaseIf it is determined that a mine, having regard to its knownore reserves, is likely to cease mining operations within aperiod of five years, the owner of that mine must promptly

If applicable, notify the Minister.



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notify the Minister in writing-(a) of the likely cessation of those mining operations; and(b) of any plans that are in place or in contemplation for-

(i) the rehabilitation of the area where the miningoperations were conducted after mining operationshave stopped; and

(ii) the prevention of pollution of the atmosphere by dustafter those operations have stopped.

6D(18) Section 34 Control of noise(1) The Minister may prescribe essential national standards-(a) for the control of noise, either in general or by specifiedmachinery or activities or in specified places or areas; or(b) for determining-

(i) a definition of noise; and(ii) the maximum levels of noise.

No standards have been prescribed to date.However, if such standards are prescribed, and if theseaffect your company’s activities then procedures should be developed to ensure compliance.

Future procedures

6D(19) Section 35 Control of offensive odours(1) The Minister or MEC may prescribe measures for thecontrol of offensive odours emanating from specifiedactivities.

(2) The occupier of any premises must take all reasonablesteps to prevent the emission of any offensive odour causedby any activity on such premises.

No measures have been prescribed to date.However, if such measures are prescribed, and if theseaffect your company’s activities then procedures should be developed to ensure compliance.This applies now already, and as such reasonable stepsmust be taken to prevent the emission of offensiveodours from your company’s premises.

Future procedures

Procedures (to be developedat this stage already)

6D(20) Section 37NOT YET IN FORCE

Application for atmospheric emission licencesApply to the licensing authority for your area in which thelisted activity is or is to be carried out.

No activities have been listed to date.


Procedure for licence applicationsSets out the procedure to be followed.Section 24 of NEMA (environmental authorisations) andsection 22 (prohibition on undertaking of identified activity)of the Environment Conservation Act apply to allapplications for atmospheric emission licences, and both an

Ensure compliance with all these provisions.



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applicant and the licensing authority must comply with thosesections and any applicable notice issued or regulation madein relation to those sections. [These 2 sections deal with EIArequirements.]The applicant is also required to involve all relevant stateorgans, interested persons and the public. Sufficientinformation must be furnished, and adverts must be placed.

Ensure compliance with all these provisions.


Successful applications(1) If an application for an atmospheric emission licence hasbeen granted in terms of section 40(l)(a), the licensingauthority must first issue a provisional atmospheric emissionlicence to enable the commissioning of the listed activity.(2) A provisional atmospheric emission licence is subject tosuch conditions and requirements-(a) as the licensing authority may determine; and(b) as the Minister or MEC has prescribed for listedactivities of the kind in question.

Take note. Provisional atmosphericemission licence


Issuing of atmospheric emission licences(1) The holder of a provisional atmospheric emission licenceis entitled to an atmospheric emission licence when thecommissioned facility has been in full compliance with theconditions and requirements of the provisional atmosphericemission licence for a period of at least six months.(2) An atmospheric emission licence is subject to suchconditions and requirements-(a) as are specified in terms of section 43;(b) as the licensing authority may determine; and(c) as the Minister or MEC has prescribed for listedactivities of the kind in question.

Take note. The granting of the (final) atmosphericemission licence is therefore subject to full compliancewith any requirements imposed by the provisionallicence, as well as those further requirements imposed bysubsection (2).The conduct and compliance while operating under theprovisional licence are therefore important otherwise the(final) licence may be refused.

Atmospheric emissionlicence


Contents of provisional atmospheric emission licences andatmospheric emission licencesPlease refer to section 43 for the content and detail that must Take note. (Provisional) atmospheric



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appear on the two licences. emission licences6D(25) Section 45

NOT YET IN FORCEReview of provisional atmospheric emission licences andatmospheric emission licences(1) A licensing authority must review a provisionalatmospheric emission licence or an atmospheric emissionlicence at intervals specified in the licence, or whencircumstances demand that a review is necessary.(2) The licensing authority must inform the licence holderand the relevant provincial air quality officer, in writing, ofany proposed review and the reason for such review.(3) For purposes of the review, an air quality officer mayrequire the licence holder to compile and submit anatmospheric impact report contemplated in section 30.

Keep in mind. As there will be periodic reviews of thelicence it is important to ensure ongoing compliancewith legislative and licence requirements.See also section 49 in this regard (criteria for fit andproper persons).

Take note.


Variation of provisional atmospheric emission licences andatmospheric emission licences(1) A licensing authority may, by written notice to the holderof a provisional atmospheric emission licence or anatmospheric emission licence, vary the licence-(a) if it is necessary or desirable to prevent deterioration ofambient air quality;(b) if it is necessary or desirable for the purposes ofachieving ambient air quality standards;(c) if it is necessary or desirable to accommodate demandsbrought about by impacts on socio-economic circumstancesand it is in the public interest to meet those demands;(d) at the written request of the holder of the licence;(e) if it is transferred to another person in terms of section44; or(f) if it is reviewed in terms of section 45.

Take note. This section seems to be aimed more at ageneral variation of licences (eg for a particular area orindustry) as opposed to individual licences (which wouldpresumably be governed by the section 45 review).


Renewal of provisional atmospheric emission licences andatmospheric emission licences(1) A provisional atmospheric emission licence or an



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atmospheric emission licence may, on application by theholder of the licence, be renewed by a licensing authority.(2) The holder of a licence must before the expiry date of thelicence apply for the renewal of the licence to the licensingauthority of the area in which the listed activity is carriedout, by lodging to the licensing authority an application inthe form required by the licensing authority.(3) An application for the renewal of a licence must beaccompanied by-(a) the prescribed processing fee;(b) proof that the relevant provincial air quality officer hasbeen notified of the application; and(c) such documentation and information as may be requiredby the licensing authority.(4) The holder of a provisional atmospheric emission licencemay not apply for the renewal of the provisional licencemore than once.(5) Sections 38, 40 and 43, read with the necessary changesas the context may require, apply to an application for therenewal of a licence.

Apply timeously for the renewal of the licence

Notify provincial air quality officer


Emission control officers(1) An air quality officer may require the holder of aprovisional atmospheric emission licence or an atmosphericemission licence to designate an emission control officer,having regard to the size and nature of the listed activity forwhich the licence was granted.(2) An emission control officer must have requisite airquality management competence in respect of the listedactivity in question, and must-(a) work towards the development and introduction ofcleaner production technologies and practices;(b) take all reasonable steps to ensure compliance by the

Appoint suitably qualified mission control officer if sorequested.

Take note



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holder of the licence with the licence conditions andrequirements; and(c) promptly report any non-compliance with any licenceconditions or requirements to the licensing authority throughthe most effective means reasonably available.(3) Nothing in this section affects the obligations andliability of the holder of a licence to comply with theconditions and requirements of the licence.

Take note. Develop reporting procedures. Procedures


Criteria for fit and proper personsIn order to determine whether a person is a fit and properperson for the purposes of an application in terms of thisChapter, a licensing authority must take into account allrelevant facts, including whether-(a) that person has contravened or failed to comply with thisAct, the Atmospheric Pollution Prevention Act or any otherlegislation applicable to air quality;(b) that person has held a provisional atmospheric emissionlicence, an atmospheric emission licence or other authoritythat has been suspended or revoked;(c) that person has been a director or senior manager who isor was a director or manager of a company or firm to whomparagraph (a) or (b) applies; and(d) the management of the listed activity which is the subjectof the application will or will not be in the hands of atechnically competent person.

Take note of entire section. This makes it important toensure ongoing compliance with legislative and permitrequirements.

Consider appointing suitably qualified person to managethe listed activity (this could even be the emissioncontrol officer referred to in section 48).

6D(30) Sections 51–52Sections 51(1)(e) & (f)and 51(3) NOT YET INFORCE

Offence; PenaltiesSets out the various offences and penalties. Please refer tothe Act for full details.


Transitional arrangements in respect of registrationcertificates issued in terms of Atmospheric PollutionPrevention Act



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Please refer to the Act for full details. Governs existing registration certificates (inclprovisional certificates) issued in terms of theAtmospheric Pollution Prevention Act, 45 of 1965.

Insofar as provisional registration certificates areconcerned, these will be regarded as provisionalatmospheric emission licences issued in terms of AQA,and will remain valid for two years.

Insofar as registration certificates are concerned, thesewill be regarded as atmospheric emission licences issuedin terms of AQA, and will remain valid for four years.

6D(32) Section 62 Transitional provision regarding listed activitiesPending the listing of activities by the Minister in terms ofsection 21, the processes identified in the Second Scheduleof the Atmospheric Pollution Prevention Act must for thepurposes of this Act be regarded as activities listed by theMinister in terms of that section.

The current so-called scheduled activities in terms of theAtmospheric Pollution Prevention Act will continue toapply in the interim.

6D(33) Section 63 Transitional provision regarding ambient air qualitystandardsUntil ambient air quality standards have been established interms of section 9, 10 or 11, the ambient air qualitystandards contained in Schedule 2 (of AQA) apply.

Ensure compliance with Schedule 2. Developprocedures.

Procedures

6D(34) Schedule 2 Sets out ambient air quality standards Ensure compliance with Schedule 2. Developprocedures.

Procedures



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7. NATIONAL BUILDING REGULATIONS AND BUILDING STANDARDS ACT, 103 OF 19777(1) Section 1 Definitions Keep in mind7(2) Section 4 Approval by local authorities of applications in respect of

erection of buildingsNeed approval before erecting any building Keep in mind

7(3) Section 6 Functions of building control officers Keep in mind7(4) Section 7 Approval by local authorities in respect of erection of

buildingsDeals with local authorities’ powers regarding approval etc Keep in mind

7(5) Section 10 Erection of buildings in certain circumstances subject toprohibition or conditionsProhibitions or conditions may be imposed by localauthorities

Keep in mind

7(6) Section 15 Entry by building control officers and certain other personsof certain buildings and land

Keep in mind

7(7) Section 24 General penalty clauseContravention of Act is criminal offence. Punishable withfine not exceeding R4000 or to imprisonment for a periodnot exceeding 12 months.

Ensure compliance



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7.1 REGULATIONS IN TERMS OF THE NATIONAL BUILDING REGULATIONS AND BUILDING STANDARDS ACT, GN R 2378 OF 12 OCTOBER 19907.1(1) Regulation F4 Preparation of Site

(1) Before any foundation is laid the area to be covered byany building shall be properly cleared of vegetable matter,tree stumps, timber and other cellulose material, debris orrefuse and any material contaminated with faecal matter.(2) Where any site upon which any building is to be erectedis waterlogged or saturated, or where any building is to beso situated that water will drain naturally towards it,drainage shall be provided to direct such water away fromsuch site or building to a stormwater drain or to dispose of itin some other safe approved manner.

Keep in mind

7.1(2) Regulation F5 Soil PoisoningWhere so required by the local authority, the soil in all areaswithin the site as defined in code of practice SABS 0124shall be treated in accordance with the recommendations ofSABS 0124.


7.1(3) Regulation F6 Control of dust and noiseProhibits and regulates dust and noise creation and nuisance.Sets out times as well.

Keep in mind

7.1(4) Regulation F7 Waste material on site Keep in mind7.1(5) Regulation F8 Cleaning of waste Keep in mind7.1(6) Regulation F11 Sanitary facilities Keep in mind7.1(7) Part P Drainage

This Part deals with drainage in general. Imposesrequirements for drainage installations; prohibitsobjectionable discharge; regulates effluent; prohibits waterpollution etc

Ensure compliance

7.1(8) Part Q Non-water borne means of sanitary disposal Keep in mind7.1(9) Part R Stormwater disposal Keep in mind



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7.1(10) Part T Fire protection Keep in mind7.1(11) Part U Refuse disposal Keep in mind7.1(12) Part W Fire installation Keep in mind



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8. PROMOTION OF ACCESS TO INFORMATION ACT, 2 OF 20008(1) - Purpose of Act:

To give effect to the constitutional right of access to anyinformation held by the State and any information that isheld by another person and that is required for the exerciseor protection of any rights.

The Act sets out procedures that must be followed, and alsounder what circumstances information may be given,alternatively refused.

Since environmental rights are included in the Bill ofRights individuals and/or organisations may demandaccess to any information held by the state or privatebodies which may be needed to protect constitutionalrights. The company should bear this in mind becausethe Act may be relied on by individuals or groups toobtain information.

Refer to Act for full details.

8.1 REGULATIONS IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT, GN R 187 OF 15 FEBRUARY 20028.1(1) - Purpose of Regulations:

To give effect to the provisions of the Act, and to regulatethe manner and form in which information may berequested.

Refer to Regulations for full details.



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9. CONSTITUTION –SECTION 24 (ENVIRONMENTAL RIGHTS)9(1) Section 24 Everyone has the right-

(a) to an environment that is not harmful to their healthor well-being; and

(b) to have the environment protected, for the benefitof present and future generations, throughreasonable legislative and other measures that-(i) prevent pollution and ecological

degradation;(ii) promote conservation; and

secure ecologically sustainable development and use ofnatural resources while promoting justifiable economic andsocial development.

As the Constitution is the supreme law of the land and assuch governs all other legislation this particular sectionis of key importance. Any legislation affecting or dealingwith the environment must always be read bearingsection 24 in mind.

10. PROTECTED DISCLOSURES ACT, 26 OF 200010(1) - Purpose of Act:

To make provision for procedures in terms of whichemployees in both the private and the public sector maydisclose information regarding unlawful or irregular conductby their employers or other employees in the employ of theiremployers; to provide for the protection of employees whomake a disclosure which is protected in terms of this Act.

Refer to Act for full details.

This Act also allows employees etc to make protecteddisclosures to the authorities about pollution or otherdamage to the environment.



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PART B: OCCUPATIONAL HEALTH AND SAFETY LEGISLATION

11. OCCUPATIONAL HEALTH AND SAFETY ACT, 107 OF 199811(1) Section 1 Definitions Keep in mind11(2) Section 7 Health and safety policy

(1) The chief inspector may direct-(a) any employer in writing; and(b) any category of employers by notice in the Gazette,

to prepare a written policy concerning the protection of thehealth and safety of his employees at work, including adescription of his organization and the arrangements forcarrying out and reviewing that policy.

(2) Any direction under subsection (1) shall be accompaniedby guidelines concerning the contents of the policyconcerned.

(3) An employer shall prominently display a copy of thepolicy referred to in subsection (1), signed by the chiefexecutive officer, in the workplace where his employeesnormally report for service.

Prepare policy if so directed or required.

Prepare guidelines.

Display copy of policy in workplace(s).

Health and Safety Policy

Guidelines

Policy copy display

11(3) Section 8 General duties of employers to their employeesSets out general duties, inter alia, provide safe and healthyworking environment; prevent/minimise hazards; takeprecautionary measures etc

Refer to Act for full details. Ensure compliance.

11(4) Section 9 General duties of employers and self-employed persons topersons other than their employeesDuty to ensure safety of third parties Introduce procedures and policies to prevent

damage/harm to third parties.Procedures / Indemnities



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Ensure that self-employed persons (eg contractors) doingbusiness on company’s premises take precautionary measures to prevent damage/harm to company’s employees. Investigate possibility of obtainingindemnities from contractors.

11(5) Section 10 General duties of manufacturers and others regardingarticles and substances for use at workDuty to make articles and substances safe for users etc.

Indemnity/exemption can be obtained where other personundertakes to comply with required safety procedures(section 10(4))

Ensure compliance

Obtain if necessary

11(6) Section 13 Duty to informEmployer to inform employees of any hazards etc involved Ensure compliance. Introduce training and awareness

programs.Procedures

11(7) Section 14 General duties of employees at workEmployees have duty to prevent accidents/incidents tothemselves and others; carry out orders properly; reportaccidents/incidents, etc

Advise employees of their duties. Introduce training andawareness programs.

Procedures

11(8) Section 15 Duty not to interfere with, damage or misuse things Keep in mind11(9) Section 16 Chief executive officer charged with certain duties

CEO must ensure compliance, can be delegated Keep in mind11(10) Section 17 Health and safety representatives

Where 20 or more employees representative must beappointed; representative must be consulted on variousissues.

The number of health and safety representatives for aworkplace or section thereof shall in the case of shops andoffices be at least one health and safety representative forevery 100 employees or part thereof, and in the case of all

Appoint representative

Appoint representative(s)



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other workplaces at least one health and safetyrepresentative for every 50 employees or part thereof.

11(11) Section 18 Functions of health and safety representatives Keep in mind11(12) Section 19 Health and safety committee

Where 2 or more representatives then must appointcommittee; duty on employer to consult with committee

Appoint committee. Consult with same.

11(13) Section 20 Functions of health and safety committee Refer to Act for full details11(14) Section 23 Certain deductions prohibited

No employer shall in respect of anything which he is interms of this Act required to provide or to do in the interestof the health or safety of an employee, make any deductionfrom any employee's remuneration or require or permit anyemployee to make any payment to him or any other person.

No deductions may be made for matters like, eg. PPE,risk assessments, medicals etc

11(15) Section 24 Report to inspector regarding certain incidentsEach incident occurring at work or arising out of or inconnection with the activities of persons at work, or inconnection with the use of plant or machinery, in which, orin consequence of which-

(a) any person dies, becomes unconscious, suffers the loss ofa limb or part of a limb or is otherwise injured orbecomes ill to such a degree that he is likely either to dieor to suffer a permanent physical defect or likely to beunable for a period of at least 14 days either to work orto continue with the activity for which he was employedor is usually employed;

(b) a major incident occurred; or(c) the health or safety of any person was endangered and

where-(i) a dangerous substance was spilled;(ii) the uncontrolled release of any substance under

pressure took place;

Report accidents/incidents. Establish procedure in thisregard. Train employees to report.

Procedures



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(iii) machinery or any part thereof fractured or failedresulting in flying, falling or uncontrolled movingobjects; or

(iv) machinery ran out of control,

shall, within the prescribed period and in the prescribedmanner, be reported to an inspector by the employer or theuser of the plant or machinery concerned, as the case maybe.

11(16) Section 25 Report to chief inspector regarding occupational diseaseAny medical practitioner who examines or treats a personfor a disease described in the Second Schedule to theWorkmen's Compensation Act, 1941 (Act 30 of 1941), orany other disease which he believes arose out of thatperson's employment, shall within the prescribed period andin the prescribed manner report the case to the person'semployer and to the chief inspector, and inform that personaccordingly.

Keep in mind medical practitioner’s duty to report occupational diseases.

11(17) Section 29 Functions of inspectors Keep in mind11(18) Section 30 Special powers of inspectors Keep in mind11(19) Section 31 Investigations Keep in mind11(20) Section 37 Acts or omissions by employees or mandatories

(1) Whenever an employee does or omits to do any actwhich it would be an offence in terms of this Act for theemployer of such employee or a user to do or omit to do,then, unless it is proved that-(a) in doing or omitting to do that act the employeewas acting without the connivance or permission of theemployer or any such user;(b) it was not under any condition or in anycircumstance within the scope of the authority of the

Ensure there is proper control over employees so as toprevent employer liability. Develop procedures. Trainemployees.

Procedures



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employee to do or omit to do an act, whether lawful orunlawful, of the character of the act or omission charged;and(c) all reasonable steps were taken by the employer orany such user to prevent any act or omission of the kind inquestion,

the employer or any such user himself shall be presumed tohave done or omitted to do that act, and shall be liable to beconvicted and sentenced in respect thereof; and the fact thathe issued instructions forbidding any act or omission of thekind in question shall not, in itself, be accepted as sufficientproof that he took all reasonable steps to prevent the act oromission.

(2) The provisions of subsection (1) shall mutatis mutandisapply in the case of a mandatary of any employer or user,except if the parties have agreed in writing to thearrangements and procedures between them to ensurecompliance by the mandatary with the provisions of thisAct.

(3) Whenever any employee or mandatary of any employeror user does or omits to do an act which it would be anoffence in terms of this Act for the employer or any suchuser to do or omit to do, he shall be liable to be convictedand sentenced in respect thereof as if he were the employeror user.

(4) Whenever any employee or mandatary of the Statecommits or omits to do an act which would be an offence interms of this Act, had he been the employee or mandatary of

Draw up mandatary agreement with any contractor orother third party. Ensure that mandatary is obliged toadhere to all applicable legislation as well as proceduresand work instructions. Consider inserting an indemnityclause as well.

Make employees or mandataries aware of their personalliability.

If dealing with an employee or mandatary of the Statesuch employee or mandatary may also be heldpersonally liable. Make them aware of this.

Mandatary agreement



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an employer other than the State and had such employercommitted or omitted to do that act, he shall be liable to beconvicted and sentenced in respect thereof as if he were suchan employer.

(5) Any employee or mandatary referred to in subsection (3)may be so convicted and sentenced in addition to theemployer or user.

(6) Whenever the employee or mandatary of an employer isconvicted of an offence consisting of a contravention ofsection 23, the court shall, when making an order undersection 38 (4), make such an order against the employer andnot against such employee or mandatary.

Advise employee or mandatary of the possibility of acriminal conviction.

Keep in mind.

11(21) Section 38 Offences, penalties and special orders of court Ensure compliance



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11.1 GENERAL SAFETY REGULATIONS, GN R 1031 OF 30 MAY 198611.1(1) Regulation 1 Definitions Keep in mind11.1(2) Regulation 2 Personal Safety Equipment and Facilities

Employer to make assessment of hazards; provide PPE, etc Carry out assessment. Provide PPE11.1(3) Regulation 2A Intoxication

(1) Subject to the provisions of subregulation (3), anemployer or a user, as the case may be, shall not permit anyperson who is or who appears to be under the influence ofintoxicating liquor or drugs, to enter or remain at aworkplace.(2) Subject to the provisions of subregulation (3), no personat a workplace shall be under the influence of or have in hisor her possession or partake of or offer any other personintoxicating liquor or drugs.(3) An employer or a user, as the case may be, shall, in thecase where a person is taking medicines, only allow suchperson to perform duties at the workplace if the side effectsof such medicine do not constitute a threat to the health orsafety of the person concerned or other persons at suchworkplace.

Develop procedures prohibiting the use or consumptionof alcohol or drugs.

Advise employees and contractors accordingly.

Advise employees and contractors that they may notperform any work posing a danger to themselves orothers if they are using medication which has, or mayhave, a side effect.

Procedures

11.1(4) Regulation 3 First Aid, Emergency Equipment and ProceduresProvide equipment; train employees in this regard wherehigh-risk substances or toxic, corrosive or similar hazardoussubstances are used, handled, processed or manufactured,and in the emergency procedures which are necessary in thecase of accidental leakage or dumping of such substances.

Provide equipment. Introduce procedures. Procedures

11.1(5) Regulation 4 Use and storage of flammable liquidsRegulates use and storage; prohibits exposure of employeesand damage to environment; prescribes minimum roommeasurements and specifications; prescribes ventilation etc

Refer to Regulation for full details. Ensure compliance.Introduce procedures and training.

Procedures



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equipment; duty to safely dispose of used materials; etc Ensure proper and safe disposal of materials, containersetc

11.1(6) Regulation 14 Offences and penalties Keep in mind

11.2 ENVIRONMENTAL REGULATIONS FOR WORKPLACES, GN R 2281 OF 16 OCTOBER 198711.2(1) Regulation 1 Definitions Keep in mind11.2(2) Regulations 2 - 9 Regulation of thermal requirements, lighting, windows,

housekeeping, fire, etcKeep in mind. Ensure compliance.




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11.3 DRIVEN MACHINERY REGULATIONS, GN R 295 OF 26 FEBRUARY 198811.3(1) Regulation 1 Definitions Keep in mind11.3(2) Regulations 2–20 Deals with various machinery, and safe use thereof, training,

etcKeep in mind. Train employees properly.


11.4 GENERAL MACHINERY REGULATIONS, GN R 1521 OF 5 AUGUST 198811.4(1) Regulation 1 Definitions Keep in mind11.4(2) Regulations 2 - 7 Deals with operation, supervision, safeguarding of

machinery etcKeep in mind. Ensure compliance.

11.4(3) Regulation 8 Notifiable substancesAn employer or user of machinery who has any substanceset out in column 1 of Schedule A of these Regulations orany mixture thereof, in a quantity which at any time is equalto or in excess of the quantity specified opposite thatsubstance in column 2 on his premises in a single fixedstorage vessel, shall forthwith notify the divisional inspectorthereof on the form set out in Schedule B of theseRegulations.(2) When the use of any substance referred to insubregulation (1) is discontinued, the employer or user ofmachinery shall forthwith notify the divisional inspectorthereof in writing.

Refer to Schedule A and B for list of notifiablesubstances.Notify divisional inspector if same present, or if use isdiscontinued.

11.4(4) Regulation 9 Information regarding regulationsEmployer to affix prescribed notices as per Schedules C(boiler) and D (machinery other than boiler),

Ensure that notices affixed and that affected employeesunderstand same.

Notices




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11.5 ELECTRICAL MACHINERY REGULATIONS, GN R 1593 OF 12 AUGUST 198811.5(1) Regulation 1 Definitions Keep in mind11.5(2) Regulations 2–22 Regulates various issues regarding machinery, safety,

distances etcEnsure compliance


11.6 FACILITIES REGULATIONS, GN R 924 OF 3 AUGUST 200411.6(1) Regulation 1 Definitions Keep in mind11.6(2) Regulation 2 Sanitation

Regulates employer’s obligation to provide sanitary facilities in accordance with Parts F, P and Q of the NationalBuilding Regulations

Keep in mind

11.6(3) Regulation 5 Dining roomsRegulates provision of dining rooms or eating places;sanitary condition thereof; need to provide separate diningrooms or eating places where necessary

Keep in mind

11.6(4) Regulation 6 ProhibitionDuty of employer to prohibit smoking, eating or drinking incertain designated areas; duty to display notices or signs

Display notices or signs

11.6(5) Regulation 7 Drinking waterEmployer to make available adequate supply of drinkingwater; duty to clearly mark taps and pipes not fit for humanconsumption

Ensure compliance. Mark relevant taps and pipes.




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11.7 HAZARDOUS CHEMICAL SUBSTANCES REGULATIONS, GN R 1179 OF 25 AUGUST 199511.7(1) Regulation 1 Definitions Keep in mind11.7(2) Regulation 2 Scope of application

Regulations apply to every employer and or a self-employedperson who carries out work at a workplace which mayexpose any person to the intake of an HCS at thatworkplace, but not self-employed person or person visitingpremises.

Keep in mind

11.7(3) Regulation 3 Information and trainingDuty to train employees regarding hazard, exposure, dutiesetc.Duty to develop procedures to be followed in the event ofspillages, leakages or any similar emergency situation whichcould take place by accident. Give written instructions ofthe procedures in event of spillages, leakages or similaremergencies to the drivers of vehicles carrying the HCS.

Keep in mind

Develop procedures. Ensure drivers have same, and thatthey know what to do.

Procedures

11.7(4) Regulation 4 Duties of persons who may be exposed to hazardouschemical substancesEmployees to carry out orders, act properly, do what isexpected of them etc

Ensure duties are carried out. Develop procedures in thisregard to ensure compliance.

Procedures

11.7(5) Regulation 5 Assessment of potential exposureEmployer to carry out assessments at least every 2 years.Keep record. If assessment shows exposure then monitorthis and control exposure.

Perform assessment. Keep records. Monitor and controlif necessary.

Records

11.7(6) Regulation 6 Air monitoringDuty to monitor. Various time periods and otherrequirements listed.

Refer to Regulation for full details. Keep records andadhere to time periods.

Records

11.7(7) Regulation 7 Medical surveillanceDuty to surveil if necessary. Record any incidents. Refer to Regulations for full details. Record incidents. Records

11.7(8) Regulation 8 Respirator zones



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Where HCS in air exceeds recommended level withoutwearing respiratory protective equipment then must bezoned as a respirator zone. Demarcate zone, and instruct thatrespiratory protective equipment worn.

Ensure compliance

11.7(9) Regulation 9 RecordsDuty to keep various records. Various time periods apply. Keep records Records

11.7(10) Regulation 9A Handling of hazardous chemical substancesEvery person who manufactures, imports, sells or suppliesany hazardous chemical substance for use at work, shall, asfar as is reasonably practicable, provide the person receivingsuch substance, free of charge, with a material safety datasheet in the form of Annexure 1, containing all theinformation set out in Regulation 9A.Where it is not reasonably practicable to provide a materialsafety data sheet the receiver of any hazardous chemicalsubstance must be furnished with sufficient information toenable the user to take the necessary measures as regards theprotection of health and safety.Every employer who uses any hazardous chemical substanceat work, shall be in possession of a copy of Annexure 8 or acopy of sufficient information.

Ensure that MSDS and all other information is eitherfurnished or obtained (as the case may be).

Keep in mind.

Ensure that Annexure 8 copy is obtained.

Material Safety Data Sheet

Annexure 8 copy

11.7(11) Regulation 10 Control of exposureDuty to control exposure; duty to take measures, developprocedures and instructions etc

Ensure compliance. Implement procedures. Procedures

11.7(12) Regulation 11 Personal protective equipment and facilitiesDuty to make available; regulates use, washing, supply etcthereof.

Ensure compliance

11.7(13) Regulation 12 Maintenance of control measures Ensure compliance11.7(14) Regulation 13 Prohibitions Ensure compliance11.7(15) Regulation 14 Labelling, packaging, transportation and storage

Ensure proper storage, identification, transport etc as Ensure compliance



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required by SABS 072, 0228, 022911.7(16) Regulation 15 Disposal of hazardous chemical substances

An employer shall as far as is reasonably practicable—(a) recycle all HCS waste;(b) ensure that all collected HCS waste is placed into

containers that will prevent the likelihood ofexposure during handling;

(c) ensure that all vehicles, re-usable containers andcovers which have been in contact with HCS wasteare cleaned and decontaminated after use in such away that the vehicles, containers or covers do notcause a hazard inside or outside the premisesconcerned;

(d) ensure that all HCS waste which can causeexposure, is disposed of only on sites specificallydesignated for this purpose in terms of theEnvironmental Conservation Act, 1989 (Act No.73 of 1989), in such a manner that it does notcause a hazard inside or outside the site concerned;

(e) ensure that all employees occupied in thecollection, transport and disposal of HCS waste,who may be exposed to that waste, are providedwith suitable personal protective equipment; and

(f) ensure that if the services of a waste disposalcontractor are used, a provision is incorporated intothe contract stating that the contractor shall alsocomply with the provisions of these regulations.

Recycle HCS waste. Develop waste managementproceduresDevelop waste management procedures

Clean and decontaminate as required. Develop wastemanagement procedures

Ensure proper and safe disposal. Develop wastemanagement procedures. Obtain safe disposalcertificates when using waste contractor.

Provide PPE

Ensure insertion of required clause in written agreementwith waste contractor.

Procedures

Procedures

Procedures

Procedures / Safe disposalcertificate

Agreement with wastecontractor

11.7(17) Regulation 16 Offences and penalties Keep in mind11.7(18) Annexure 1 HCS Guidelines Refer to Guidelines for full details11.7(19) Annexure 8 Material Safety Data Sheet Incorporate into procedures to extent that is necessary. Material Safety Data Sheet



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11.8 GENERAL ADMINISTRATIVE REGULATIONS, GN R 929 OF 25 JUNE 200311.8(1) Regulation 1 Definitions Keep in mind11.8(2) Regulation 4 Copy of Act

Where 5 or more employees then must have copy of Act onpremises. If less than 5 then make available if requested.

Keep in mind Copy of Act

11.8(3) Regulation 5 Health and safety committeeWhere committee established employer must make suitablemeeting place available, and keep records for 3 years.

Provide meeting place. Develop procedure for recordkeeping.

ProceduresRecords

11.8(4) Regulation 6 Negotiations and consultations before designation ofhealth and safety representatives(1) The employer shall, in any workplace where there mustbe a health and safety representative in terms of section17(1) of the Act and within four months after thecommencement of these regulations or after commencingbusiness, meet with the registered trade unions of thatworkplace in order to consult or bargain in good faith andconclude an agreement concerning the-(a) nomination or election of health and safety

representatives;(b) terms of office of health and safety representatives

and the circumstances and the prescribed manner inwhich they may be removed as health and safetyrepresentatives;

(c) manner in which vacancies are to be filled;(d) manner in which health and safety representatives

must perform their functions in terms of the Act;and

(e) facilities, training and assistance that must beprovided to a health and safety representative interms of section 18(3) of the Act;

Meet with union, alternatively the employeerepresentatives to conclude agreement regarding thenomination of health and safety representatives.

Agreement regardingnomination of health andsafety representatives



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Provided that, where there is no registered trade union, theemployer shall enter into consultation with all employeerepresentatives in that workplace in order to conclude anagreement with regard to subregulation (1).

(2) An agreement referred to in subregulation (1) mayinclude two or more employers as parties to the agreement.

(3) The conditions applicable to collective agreements interms of the Labour Relations Act, read with the changesrequired by the context, shall apply to agreements concludedin terms of subregulation (1).

Keep in mind.

Incorporate any conditions contained in collectiveagreements (if applicable) into agreement.

11.8(5) Regulation 8 Reporting of incidents and occupational diseasesEmployer to report incidents, occupational diseases anddeaths to provincial director’s office

Report same. Develop procedure to ensure internal andexternal reporting.

Procedures

11.8(6) Regulation 9 Recording and investigation of incidentsEmployer to keep record for at least 3 years of all incidents.Every employer to investigate incident within 7 days andrecord finding.

Develop procedures. Keep records. ProceduresRecords

11.8(7) Regulation 12 Offences and penalties Ensure compliance11.8(8) Annexure 1 Recording and investigation of incidents



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11.9 VESSELS UNDER PRESSURE REGULATIONS, GN R 1591 OF 4 OCTOBER 199611.9(1) Regulation 1 Definitions Keep in mind11.9(2) Regulation 2 Scope of application

These regulations shall apply to all users of vessels underpressure: Provided that regulation 3 shall not apply to aboiler, pressure vessel or portable gas container in use priorto 23 October 1992, and which was designed, constructedand manufactured in accordance with regulations in force atthat time

Ascertain date of manufacture of boiler, pressure vesselor portable gas container.

11.9(3) Regulation 3 Design, construction and manufactureNo user shall use, require or permit the use of any vesselunder pressure unless if complies with requirements of Actand Regulations, and certificate of manufacture has beenobtained.

Keep in mind. Obtain certificate of manufacture. Certificate of manufacture

11.9(4) Regulation 4 Manufacturer’s data plateDetails that must be included on data plate Ensure that details were included by manufacturer.

11.9(5) Regulation 5 Registration of a boilerNo user shall use a boiler unless the user is in possession ofa certificate of registration issued in terms of subregulation(3) for that boiler: Provided that a boiler registered with theDepartment prior to 23 October 1992 shall be deemed to beregistered in terms of this regulation: Provided further that aboiler registered after 23 October 1992 shall on change ofownership be required to be reregistered.

Any user who wishes to use a boiler shall apply to theprovincial director for registration of that boiler on a formsimilar to Annexure 1, prior to such use: Provided that thissubregulation shall not apply in respect of the re-erection ofa boiler on the same premises.

Obtain certificate of registration.

If purchasing or taking over a used boiler then reregisterthe boiler.

Apply for registration prior to use.

Certificate of registration




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Any user of a boiler shall forthwith notify the provincialdirector in writing when - such boiler is no longer in use; the right of control over the use of the boiler is

transferred by the user to any other user, in whichcase the user shall also furnish the provincialdirector with the name and address of such newuser; or

the user moves the boiler to premises other than thepremises reflected on its certificate of registration.

Notify provincial director accordingly.Develop procedures in this regard.

Procedures

11.9(6) Regulation 6 AppurtenancesNo user shall require or permit a vessel under pressure to beused unless it is provided with all the appurtenances asrequired by the health and safety standard used in the design,construction and manufacture of such a vessel underpressure: Provided that alternative appurtenances other thanthose required by the standard shall only be fitted with thewritten approval of an approved inspection authority.

Every user of a boiler or pressure vessel shall ensure that theboiler or pressure vessel in use is fitted with at least onepressure gauge and the maximum permissible operatingpressure shall be clearly marked with a red line on the dialof the pressure gauge.

Every user of a boiler or pressure vessel shall ensure that theboiler or pressure vessel in use is fitted with at least onesafety valve and such safety valve shall be kept locked,sealed or otherwise rendered inaccessible to anyunauthorised person: Provided that the number and capacityof the safety valve shall be to the requirements of the design

Ensure compliance. Develop procedures.



Procedures

Procedures

Procedures



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standard for the boiler or pressure vessel or as requiredunder subregulation (2).

11.9(7) Regulation 7 Automatic controls and indicatorsEvery user shall ensure that the automatic controls andindicators of a boiler, pressure vessel or pressurised systemare arranged, installed, maintained and operated inaccordance with the provisions of the health and safetystandard used in the design and manufacture of the boiler,pressure vessel or pressurised system.


11.9(8) Regulation 9 Door interlockAny user of a pressure vessel or pressurised system shallcause such vessel or system which for operational purposesis equipped with a removable or hinged door to be providedwith an interlock or other effective means for preventing a rise of pressure inside the pressure vessel or

pressurised system before the removable or hingeddoor is in the fully closed and locked position; and

the release of the removable or hinged door fromthe locked and closed position before the pressureinside the pressure vessel or pressurised system hasbeen reduced to atmospheric pressure.


11.9(9) Regulation 10 Portable gas containersNo user shall use or require or permit a portable gascontainer to be used, and no user shall fill, place in service,handle, modify, repair, inspect or test any portable gascontainer, other than in compliance with the standardsincorporated into these regulations in terms of section 44 ofthe Act.


11.9(10) Regulation 11 Hand held fire extinguishersNo user shall use, require or permit the use of a hand-heldfire extinguisher unless designed, constructed, filled,recharged, reconditioned, modified, repaired, inspected or




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tested in accordance with a safety standard incorporated intothese regulations in terms of section 44 of the Act.No person shall fill, recharge, recondition, modify, repair,inspect or test any handheld fire extinguisher unless a holderof a permit issued by the South African Bureau of Standardsin terms of SABS 1475.

Ensure compliance. Develop procedures. Obtain SABSpermit.

Procedures

SABS permit

11.9(11) Regulation 12 Gas fuel use, equipment and systemsNo person shall handle, store or distribute a gas fuel in anymanner, including the filling of a container, other than inaccordance with a health and safety standard incorporatedinto these regulations under section 44 of the Act.No person shall install a fixed appliance, equipment orsystem for gas fuel in any manner other than in accordancewith a safety standard incorporated into these regulationsunder section 44 of the Act.No person shall install a fixed appliance, equipment orsystem for gas fuel as contemplated in subregulation (2),unless such person is a holder of a certificate of registrationissued by an organisation approved by the chief inspector.



Ensure compliance. Develop procedures. Obtaincertificate of registration.

Procedures

Procedures

Procedures


11.9(12) Regulation 13 Inspection and testAny user of a boiler or pressure vessel shall cause, wherereasonably practicable, such a boiler or pressure vessel,including the appurtenances and automatic controls andindicators, to be subjected to an internal and externalinspection and a hydraulic pressure test to 1,25 times themaximum permissible operating pressure as the case maybe.Testing to be done by an approved inspection authoritybefore commissioning after installation, re-erection orrepairs, and by a person appointed in writing by the user andwho is competent to do such inspections and tests by virtueof their training, knowledge and experience in the operation,



Procedures

Procedures



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maintenance, inspection and testing of a boiler or pressurevessel within 36 months from the date of the previousinternal and external inspection and hydraulic pressure test.

11.9(13) Regulation 14 Record keepingKeep records Develop procedures. Records

11.9(14) Regulation 15 MaintenanceDuty to maintain and keep clean Develop procedures

11.9(15) Regulation 16 Modification and repairsModification or repair to be carried out under thesupervision of an approved inspection authority.Modifier/repairer to issue a certificate in which the extent ofthe modification or repair is described and certify that suchwork is in accordance with a health and safety standardincorporated into these regulations.

Ensure compliance.

Obtain certificate of repair/modification. Certificate of repair/modification

11.9(16) Regulation 18 Offences and penalties Ensure compliance



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11.10 NOISE-INDUCED HEARING LOSS REGULATIONS, GN R 307 OF 7 MARCH 200311.10(1) Regulation 1 Definitions Keep in mind11.10(2) Regulation 3 Exposure to noise

Subject to regulations 9 and 10, no employer or self-employed person shall require or permit any person to enterany workplace under his or her control where such personwill be exposed to noise at or above the 85 dBA noise-ratinglimit.

Ensure compliance

11.10(3) Regulation 4 Information and trainingEach employer to give information and train employeesabout risks; precautions; equipment; reporting incidents etc

Give refresher training annually or at periods determined byhealth and safety committee/representative(s).

Employer to keep record of training

Refer to Regulation for full details. Ensure compliance.Develop procedure in this regard.

Give training

Keep record

Procedures

Records11.10(4) Regulation 5 Duties of persons who may be exposed to noise

Lists obligations and duties employees have to comply with Develop procedures, and train employees. Procedures11.10(5) Regulation 6 Assessment of potential noise exposure

Employer to conduct assessment every 2 years. Make resultsavailable to committee/representative.

Develop procedures in this regard. Procedures

11.10(6) Regulation 7 Noise monitoringRequirements and procedure for same Develop procedures in this regard. Procedures

11.10(7) Regulation 8 Medical surveillanceEmployer to establish and maintain a system of medicalsurveillance for all employees exposed to noise at or abovethe noise-rating limit. Keep records.


11.10(8) Regulation 9 Noise zonesEmployer to identify and demarcate noise zones. Ensure thatnobody enters zones without required hearing protective




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equipment. Take steps to reduce noise levels.11.10(9) Regulation 10 Control of noise exposure

Employer or self-employed person shall ensure that theexposure of a person to noise is either prevented or, wherethis is not reasonably practicable, adequately controlled:Provided that the control of the exposure shall be regardedas adequate if the exposure is below the noise-rating limit, orif the exposure is at or above the noise-rating limit but thereason has been identified and action is taken as soon as isreasonably practicable, by means other than the use ofhearing protective equipment, to lower exposure so that itdoes not exceed the noise-rating limit.

As far as is reasonably practicable, reduce exposure to noiseby implementing noise control measures

Prevent or control noise. Develop procedures in thisregard.

Develop procedures in this regard.

Procedures

Procedures

11.10(10) Regulation 11 RecordsDuty to keep records Keep records. Records

11.10(11) Regulation 12 Hearing protective equipmentEmployer to provide and maintain same. Train employees inuse thereof.

Develop procedures. Train employees etc Procedures

11.10(12) Regulation 13 Maintenance of control measuresEmployer to ensure that control measures function and thatthey are maintained.

Develop procedures to ensure compliance. Procedures




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11.11 ASBESTOS REGULATIONS, GN R 155 OF 10 FEBRUARY 200211.11(1) Regulation 1 Definitions Keep in mind11.11(2) Regulation 2 Scope of Regulations

Differences in application for employer and self-employedpersons.

Refer to Regulations for full details

11.11(3) Regulation 3 Notification of asbestos workNo employer or self-employed person shall carry out anyasbestos work unless he or she has notified the provincialdirector in writing thereof prior to the commencement ofsuch work.

Notify provincial director Notice of commencementof work

11.11(4) Regulation 4 Exposure to asbestosNobody allowed to work where asbestos OEL exceeded. Ensure compliance

11.11(5) Regulation 5 Information and trainingDeals with training, awareness, information etcRefresher training at least once a year

Develop proceduresDevelop training program

Procedures

11.11(6) Regulation 6 Duty of persons who may be exposedPeople obliged to take all necessary precautionary measuresand to follow instructions.

Ensure that employees take precautions, and carry outorders.

11.11(7) Regulation 7 Assessment of potential exposureEmployer to assess potential exposure, includes assessmentas to the presence of any material containing asbestos beingused, processed, handled or stored; and where asbestos maybe present, the ease with which the asbestos dust may bereleased and the extent to which a person may be exposed.

Perform assessment Exposure assessment

11.11(8) Regulation 8 Air monitoringWhere exposure is in excess of half the OEL for asbestos, anemployer shall ensure that a measurement programme of theconcentration of airborne regulated asbestos fibres to whichan employee is exposed is carried out.To be performed at least every 12 months.

Develop measurement programme

Perform annually

Measurement programme



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11.11(9) Regulation 9 Medical surveillanceCheck and monitor staff Develop procedures Procedures

11.11(10) Regulation 10 Respirator zoneWhere OEL exceeded without wearing respiratoryprotective equipment then must zone area as a respiratorzone. Demarcate area. Ensure that people entering it wearrespiratory protective equipment.

Zone area if necessary. Ensure that equipment is worn.Develop procedures and training.

Procedures

11.11(11) Regulation 11 Control of exposure to asbestosEmployer to control and limit exposure. Investigate use ofalternative materials. Introduce work procedures.

Develop procedures to control and limit exposure.Develop work procedures.

Procedures

11.11(12) Regulation 12 Cleanliness of premises and plantKeep premises clean. Clean up spills and dust. Useappropriate vacuum cleaning equipment or use otherprocedures where vacuuming is impractical or impossible.

Develop procedures Procedures

11.11(13) Regulation 13 Control of exposure to asbestos of persons other thanemployeesPrevent exposure to or escape of asbestos or dust toenvironment or third parties.


11.11(14) Regulation 14 Asbestos that forms part of structure of workplace, building,plant or premisesWhere asbestos forms part of the structure of a workplace,building, plant or premises, the employer or self-employedperson shall-(a) take reasonable steps to ensure that he or she determinesthe location of asbestos in such workplace, buildings, plantor premises, where that asbestos is likely to release asbestosdust that could impact on health or pollute the environment;(b) make and maintain a written inventory of the location ofasbestos in such workplace, buildings, plant orpremises.

An employer shall inform the relevant health and safety

Perform structural assessment and draw up asbestosinventory

Inform representative and/or committee, make inventory

Asbestos inventory



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representative or relevant health and safety committee inwriting of the arrangements made for the identification andlocation procedure contemplated in subregulation (1), givethem reasonable time to comment thereon and ensure thatthe asbestos inventory is made available to the relevantrepresentative or committee who may comment thereon.

The employer or self-employed person shall regularlyexamine the condition of asbestos recorded in theinventory for deterioration or damage.The employer or self-employed person shall assess the riskof exposure to such asbestos as contemplated insubregulation (1) and document the action necessary toensure that-any material containing asbestos is maintained in a goodstate of repair and that, where necessary, a plannedmaintenance program is implemented;any material containing asbestos and which may create arisk of exposure because of its state and location, is repairedor, if necessary, removed; andprocedures and arrangements are in place so that work thatmay disturb the material complies with all otherrequirements of these Regulations.

available.

Develop inspection procedures

Develop procedures, and remove material wherenecessary.

Procedures

Procedures

11.11(15) Regulation 15 Asbestos cement sheeting and related productsAn employer or self-employed person who erects,maintains, alters, renovates, repairs, dismantles or addsasbestos-cement roof sheeting, wall paneling, gutters, fasciaboards and related products to a building shall ensure thatthe necessary precautions and procedures set out in theRegulations are followed.

Follow precautions listed in this Regulation. Developprocedures where necessary

Procedures

11.11(16) Regulation 16 Records



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Duty to keep and maintain records Keep records Records11.11(17) Regulation 17 Personal protective equipment and facilities

Deals with equipment, facilities, cleaning thereof etc Refer to Regulations for full details. Develop procedures Procedures11.11(18) Regulation 18 Maintenance of control measures

Maintain and upkeep control measures Develop procedures Procedures11.11(19) Regulation 19 Labelling, packaging, transportation and storage

Asbestos and asbestos containing products to be properlylabelled, packed, transported and stored.

Ensure compliance. Develop procedures Procedures

11.11(20) Regulation 20 Disposal of asbestosAn employer or self-employed person shall as far as isreasonably practicable ensure that-(a) all asbestos waste is placed in containers that willprevent the likelihood of exposure during handling;(b) all vehicles, re-usable containers or any other similararticles which have been in contact with asbestos waste arecleaned and decontaminated after use, in such a way thatsuch vehicles, containers or similar articles do not cause ahazard inside or outside the workplace concerned;(c) all asbestos waste which can cause exposure, is disposedof only on sites specifically designated for this purpose interms of the Environment Conservation Act, 1989 (ActNo.73 of 1989), and the National EnvironmentalManagement Act,1998 (Act No.107 of 1998), and in such amanner that it does not cause a hazard inside or outside thesite concerned;(d) all persons occupied in the collection, transport anddisposal of asbestos waste, who may be exposed to thatwaste, are provided with suitable personal protectiveequipment; and(e) where the services of a contractor for the disposal ofasbestos waste are used, a provision is incorporated into thecontract stating that the contractor shall also comply with

Develop procedures

Develop procedures

Develop procedures. Dispose properly and at designatedhazardous waste disposal sites.

Issue PPE. Develop procedures.

Ensure that written agreement contains appropriateundertaking by waste contractor. Obtain indemnities aswell from waste contractor.

Procedure

Procedure

ProcedureSafe disposal certificate

Procedure

UndertakingIndemnities



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the provisions of these Regulations.11.11(21) Regulation 21 Demolition

Any person who intends to have demolition work carriedout, shall-(a) before the commencement of that work, take steps toensure that-(i) demolition work is carried out by a person who is aregistered asbestos contractor;(ii) all asbestos materials likely to become airborne areidentified;(iii) a plan of work is submitted for approval at least 30 daysprior to the commencement of that work to an approvedasbestos inspection authority who may at its discretion allowa shorter period of time for such submission and mayapprove standardised procedures for routine alterations orrepairs: Provided that the stipulated time period shall notapply if the plan of work is drawn up by an approvedasbestos inspection authority;(iv) a copy of the approved plan of that work, which hasbeen signed by the approved asbestos inspection authority,the employer and, if the person performing that work is notthe employer or self-employed person, the mandatory of theemployer or self-employed person, is submitted to theprovincial director at least 14 days prior to commencementof such demolition work: Provided that an inspector mayallow a shorter period for such submission; and(v) copies of approved standardised procedures fordemolition work are submitted to the provincial director atleast 14 days prior to commencement of that work; and

(b) during and after the completion of demolition work, takesteps to ensure that-

Ensure compliance

Submit plan

Submit plan

Plan

Plan



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(i) all asbestos and materials containing asbestos are handledand disposed of in accordance with these regulations;(ii) all persons exposed to or likely to be exposed to asbestosare issued with appropriate personal protective equipmentand that such equipment is used properly; and(iii) the premises, structure or area are thoroughly checkedto ensure that all asbestos waste has been removed.

Submit plan

Ensure compliance

Plan

11.11(22) Regulation 22 ProhibitionSets out certain prohibitions etc Refer to Regulation for full details. Develop procedures Procedures


11.12 ELECTRICAL INSTALLATION REGULATIONS, GN R 2920 OF 23 OCTOBER 199211.12(1) - These Regulations deal with electrical installations and

requirements surrounding same.Refer to Regulations for full details.



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11.13 CONSTRUCTION REGULATIONS, GN R 1010 OF 18 JULY 200311.13(1) Regulation 1 Definitions Keep in mind11.13(2) Regulation 2 Scope of application

Regulations apply to all persons involved in constructionwork.Reg 4(1)(a) shall not apply to single storey domestic housefor a client who is going to reside in such building uponcompletion thereof.

Keep in mind

11.13(3) Regulation 3 Notification of construction work(1) A principal contractor who intends to carry out anyconstruction work shall-(a) before carrying out that work, notify the provincialdirector in writing of the construction work if it includes-

(i) the demolition of a structure exceeding a height of3 meters; or

(ii) the use of explosives to perform construction work;or

(iii) the dismantling of fixed plant at a height greaterthan 3 meters.

(b) before carrying out that work, notify the provincialdirector in writing when the construction work-(i) exceeds 30 days or will involve more than 300

person days of construction work; and(ii) includes excavation work deeper than 1 meter; or(iii) includes working at a height greater than 3 meters

above ground or a landing.(3) A principal contractor shall ensure that a copy of thecompleted form contemplated in subregulation (2) is kept onsite for inspection by an inspector, client, client's agent oremployee.

Notify provincial director

Ensure copy of application is kept on site.

Notification of constructionwork



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11.13(4) Regulation 4 ClientSets out detailed requirements client must follow. Pleaserefer to Regulation for full details.

Ensure compliance. Prepare health and safetyspecifications.

Health and safetyspecifications

11.13(5) Regulation 5 Principal Contractor and ContractorA principal contractor shall provide and demonstrate to theclient a suitable and sufficiently documented health andsafety plan, based on the client’s documented health andsafety specifications contemplated in regulation 4(1)(a),which shall be applied from the date of commencement ofand for the duration of the construction work.Sets out detailed requirements principal contractor mustfollow.

Health and safety plan

Ensure requirements are complied with.

Health and safety plan

11.13(6) Regulation 6 Supervision of construction work(1) The contractor shall appoint a full-time competentemployee in writing as the construction supervisor, with theduty of supervising the construction work.

(6) A contractor shall upon having considered the size of theproject, the degree of dangers likely to be encountered or theaccumulation of hazards or risks on the site, appoint a full-time or part-time construction safety officer in writing toassist in the control of all safety related aspects on the site:Provided that, where the question arises as to whether aconstruction safety officer is necessary, the decision of aninspector shall be decisive.

(7) The appointed construction safety officer ascontemplated in subregulation (6) shall as far as isreasonably practicable be utilised to give input at the earlydesign stage and where not appointed at this stage, he or sheshall be given the opportunity to input into the health andsafety plan when wanting to do so, and a record of such

Ensure that contractor has appointed a constructionsupervisor.

Ensure that a construction safety officer was appointedby the contractor.



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shall be kept in the health andsafety file contemplated in regulation 5(7).

(8) No contractor shall appoint a construction safety officerto assist in the control of safety related aspects on the siteunless he or she is reasonably satisfied that the constructionsafety officer he or she intends to appoint, has the necessarycompetencies and resources to assist the contractor

Establish if the construction safety officer has thenecessary competencies, experience and resources.

11.13(7) Regulation 7 Risk assessment(1) Every contractor performing construction work shallbefore the commencement of any construction work andduring construction work, cause a risk assessment to beperformed by a competent person appointed in writing andthe risk assessment shall form part of the health and safetyplan to be applied on the site and shall include at least-(a) the identification of the risks and hazards to which

persons may be exposed to;(b) the analysis and evaluation of the risks and hazards

identified;(c) a documented plan of safe work procedures to mitigate,

reduce or control the risks and hazards that have beenidentified;

(d) a monitoring plan; and(e) a review plan.

(2) A contractor shall ensure that a copy of the riskassessment is available on site for inspection by aninspector, client, client’s agent, contractor, employee, representative trade union, health and safety representativeor any member of the health and safety committee.

(4) A contractor shall ensure that all employees under the

Ensure that contractor has carried out the riskassessment. Request a copy of the risk assessment.

Ensure that contractor has copy of risk assessmentavailable on site.

Ensure that contractor has informed, instructed and

Contractor’s risk assessment

Contractor’s risk assessment

Contractor’s training



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his or her control are informed, instructed and trained by acompetent person regarding any hazard and the related workprocedures before any work commences, and thereafter atsuch times as may be determined in the risk assessment.

(5) A principal contractor shall ensure that all contractorsare informed regarding any hazard as stipulated in the riskassessment before any work commences, and thereafter atsuch times as may be determined in the risk assessment.

(8) A contractor shall ensure that all visitors to aconstruction site undergoes health and safety inductionpertaining to the hazards prevalent on the site and shall beprovided with the necessary personal protective equipment.

(9) Every employee on site shall -(a) be in possession of proof of the health and safety

induction training as determined in subregulation (7),issued by a competent person prior to thecommencement of construction work; and

(b) carry the proof contemplated in paragraph (a) for theduration of that project or for the period that theemployee will be on the construction site

trained his employees by a competent person.

Ensure that principal contractor has informed allcontractors regarding hazards.

Ensure that visitors receive induction training bycontractor, and that they are issued with PPE.

Ensure that contractor has issued all employees withproof of induction training, and that employees carrythis with them, alternatively can readily show it ifrequested.

records

Proof of contractor’s hazard notification to allcontractors

Contractor’s induction training records for visitors

Employees’ training proof

11.13(8) Regulations 8–28 These Regulations deal with specific duties of contractorsregarding certain type of work; aspects thereof; use ofspecific machinery and equipment; electrical installations;use and storage of flammable liquids; housekeeping; storageand stacking; cranes, hoists, platforms.Please refer to these Regulations for full details.

Ensure compliance by contractorNote the requirement to appoint a construction safetyofficer (see Reg 6).Note the requirement to perform a risk assessment (seeReg 7).Contractor to develop procedures for those areasaffecting it.

Written appointment ofconstruction safety officer

Risk assessmentProcedures

11.13(9) Regulation 23 Use and temporary storage of flammable liquids onconstruction sites



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Please refer to Regulation for full details Ensure compliance by contractor11.13(10) Regulation 25 Housekeeping on construction sites

Please refer to Regulation for full details Ensure compliance by contractor11.13(11) Regulation 27 Fire precautions on construction sites

Please refer to Regulation for full details Ensure compliance by contractor, and that safety ofcompany’s own employees or that of third parties is not compromised.




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11A. BASIC CONDITIONS OF EMPLOYMENT ACT, 75 OF 1997Please note: only those provisions relevant for health and safety compliance are listed hereunder. The Act deals extensively with various minimum conditions pertaining to employmentconditions, but these form the basis of labour law. A full copy of this Act has been included in your Legal Register, you are therefore kindly requested to refer to same for more details ifrequired.11A(1) Section 1 Definitions Keep in mind11A(2) Section 7 Regulation of working time

Every employer must regulate the working time of eachemployee—(a) in accordance with the provisions of any Act

governing occupational health and safety;(b) with due regard to the health and safety of

employees;(c) with due regard to the Code of Good Practice on

the Regulation of Working Time issued undersection 87 (1) (a); and

(d) with due regard to the family responsibilities ofemployees.

When regulating working hours keep the aforementionedprovisions in mind.

See also below:Code of Good Practice onthe Regulation of WorkingTime

11A(3) Section 17 Night work(3) An employer who requires an employee to performwork on a regular basis after 23:00 and before 06:00 the nextday must—(a) inform the employee in writing, or orally if the

employee is not able to understand a writtencommunication, in a language that the employeeunderstands—(i) of any health and safety hazards

associated with the work that theemployee is required to perform; and

(ii) of the employee’s right to undergo a medical examination in terms of

Inform employee accordingly.



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paragraph (b);(b) at the request of the employee, enable the

employee to undergo a medical examination, forthe account of the employer, concerning thosehazards—(i) before the employee starts, or within a

reasonable period of the employeestarting, such work; and

(ii) at appropriate intervals while theemployee continues to perform suchwork; and

(c) transfer the employee to suitable day work within areasonable time if—

(i) the employee suffers from a healthcondition associated with the performanceof night work; and

(ii) it is practicable for the employer to do so.

(4) For the purposes of subsection (3), an employee workson a regular basis if the employee works for a period oflonger than one hour after 23:00 and before 06:00 at leastfive times per month or 50 times per year.

Enable medical examination if requested by employee.

Transfer employee to day shift if required.

Keep in mind.

11A(4) Section 26 Protection of employees before and after birth of a child(1) No employer may require or permit a pregnantemployee or an employee who is nursing her child toperform work that is hazardous to her health or the health ofher child.

(2) During an employee’s pregnancy, and for a period of sixmonths after the birth of her child, her employer must offerher suitable, alternative employment on terms andconditions that are no less favourable than her ordinary

Develop procedures prohibiting any hazardous work tobe done by pregnant or nursing employees.

Provide alternative employment.

Procedures

Code of Good Practice onthe Protection of Employeesduring Pregnancy and afterthe Birth of a Child (seebelow)



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terms and conditions of employment, if—(a) the employee is required to perform night

work, as defined in section 17 (1) or herwork poses a danger to her health or safetyor that of her child; and

(b) it is practicable for the employer to do so.

[Please note: This should be read together with the Code ofGood Practice on the Protection of Employees duringPregnancy and after the Birth of a Child–see below]

11A(5) Section 30 Informing employees of their rightsAn employer must display at the work-place where it can beread by employees a statement in the prescribed form of theemployee’s rights under this Act in the official languages which are spoken in the work-place.

Display summary of rights. Summary of rights notice

11A(6) Section 31 Keeping of records(1) Every employer must keep a record containing at leastthe following information:

(a) The employee’s name and occupation;(b) the time worked by each employee;(c) the remuneration paid to each employee;(d) the date of birth of any employee under 18

years of age; and(e) any other prescribed information.

(2) A record in terms of subsection (1) must be kept by theemployer for a period of three years from the date of the lastentry in the record.(3) No person may make a false entry in a recordmaintained in terms of subsection (1).(4) An employer who keeps a record in terms of this sectionis not required to keep any other record of time worked andremuneration paid as required by any other employment law.

Keep records as required.

Keep records for three years from date of last entry.

Keep in mind.

Keep in mind.

Records



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11A(7) Section 78 Rights of employees(1) Every employee has the right to—

(a) make a complaint to a trade unionrepresentative, a trade union official or alabour inspector concerning any allegedfailure or refusal by an employer tocomply with this Act;

(b) discuss his or her conditions ofemployment with his or her fellowemployees, his or her employer or anyother person;

(c) refuse to comply with an instruction that iscontrary to this Act or any sectoraldetermination;

(d) refuse to agree to any term or condition ofemployment that is contrary to this Act orany sectoral determination;

(e) inspect any record kept in terms of thisAct that relates to the employment of thatemployee;

(f) participate in proceedings in terms of thisAct;

(g) request a trade union representative or alabour inspector to inspect any record keptin terms of this Act and that relates to theemployment of that employee.

(2) Every trade union representative has the right, at therequest of an employee, to inspect any record kept in termsof this Act that relates to the employment of that employee.

Keep in mind.

11A(8) Section 90 Confidentiality(3) The record of any medical examination performed interms of this Act must be kept confidential and may be made

Keep in mind.



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available only—(a) in accordance with the ethics of medical

practice;(b) if required by law or court order; or(c) if the employee has in writing consented

to the release of that information.

11A.1 GENERAL ADMINISTRATIVE REGULATIONS, GN R 1438 OF 13 NOVEMBER 199811A.1(1) Regulation 3 Keeping of records

(1) The record that an employer is required to keep in termsof section 31 must comprise—

(a) a wages register in the form of BCEA 2 orsome other record that contains theinformation set out in that form; and

(b) an attendance register in the form ofBCEA 3 or some other record that containsthe information set out in that form.

Keep all required records. Records



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11A.2 CODE OF GOOD PRACTICE ON THE PROTECTION OF EMPLOYEES DURING PREGNANCY AND AFTER THE BIRTH OF A CHILD, GN R 1441 OF 13NOVEMBER 1998

This Code sets out various conditions and legal requirements pertaining to pregnant and nursing employees. A full copy is included in your Legal Register. Please refer to same for furtherdetails.

11A.3 CODE OF GOOD PRACTICE ON THE ARRANGEMENT OF WORKING TIME, GN R 1440 OF 13 NOVEMBER 1998This Code sets out various conditions and legal requirements pertaining to regulation of working hours. A full copy is included in your Legal Register. Please refer to same for further details.



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11B. LABOUR RELATIONS ACT, 66 OF 199511B(1) Section 84 Specific matters for consultation

(5) Subject to any applicable occupational health and safetylegislation, a representative trade union and an employermay agree—(a) that the employer must consult with the work-place

forum with a view to initiating, developing,promoting, monitoring and reviewing measures toensure health and safety at work;

(b) that a meeting between the work-place forum andthe employer constitutes a meeting of a health andsafety committee required to be established in thework-place by that legislation; and

(c) that one or more members of the work-place forumare health and safety representatives for thepurposes of that legislation.

Keep in mind.

11B(2) Schedule 8: Code ofGood Practice–Dismissal

10. Incapacity: Ill health and injury(1) Incapacity on the grounds of ill health or injury may betemporary or permanent. If an employee is temporarilyunable to work in these circumstances, the employer shouldinvestigate the extent of the incapacity or the injury. If theemployee is likely to be absent for a time that isunreasonably long in the circumstances, the employershould investigate all the possible alternatives short ofdismissal. When alternatives are considered, relevant factorsmight include the nature of the job, the period of absence,the seriousness of the illness or injury and the possibility ofsecuring a temporary replacement for the ill or injuredemployee. In cases of permanent incapacity, the employershould ascertain the possibility of securing alternative

Keep in mind when considering dismissal.



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employment, or adapting the duties or work circumstancesof the employee to accommodate the employee’s disability.

(2) In the process of the investigation referred to insubsection (1) the employee should be allowed theopportunity to state a case in response and to be assisted bya trade union representative or fellow employee.

(3) The degree of incapacity is relevant to the fairness ofany dismissal. The cause of the incapacity may also berelevant. In the case of certain kinds of incapacity, forexample alcoholism or drug abuse, counselling andrehabilitation may be appropriate steps for an employer toconsider.

(4) Particular consideration should be given to employeeswho are injured at work or who are incapacitated by work-related illness. The courts have indicated that the duty on theemployer to accommodate the incapacity of the employee ismore onerous in these circumstances.

11B(3) Schedule 8: Code ofGood Practice–Dismissal

11. Guidelines in cases of dismissal arising from ill healthor injuryAny person determining whether a dismissal arising from illhealth or injury is unfair should consider—(a) whether or not the employee is capable of

performing the work; and(b) if the employee is not capable—

(i) the extent to which the employee is ableto perform the work;

(ii) the extent to which the employee’s work circumstances might be adapted toaccommodate disability, or, where this is

Keep in mind when considering dismissal.



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not possible, the extent to which theemployee’s duties might be adapted; and

(iii) the availability of any suitable alternativework.



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12. HEALTH ACT, 63 OF 1977PLEASE NOTE: This Act has only been partially repealed by the National Health Act, 61 of 2003. As such the remaining sections of the Health Act, 63 of 1977 continue to remain in forceuntil such time as they are specifically repealed.12(1) Section 1 Definitions Keep in mind12(2) Section 20 Duties and powers of local authorities Refer to Act for full details12(3) Section 27 Procedure in respect of conditions requiring immediate

remedyingLocal authority may serve notice requiring immediateremedying. Failure to do so allows authorities to do so atown cost, these may be recovered from the responsibleperson.

Keep in mind

12(4) Section 57 Offences and penalties Ensure compliance

12.1 GENERAL HEALTH REGULATIONS PROMULGATED IN TERMS OF THE PUBLIC HEALTH ACT, 1919, GN R 180 OF 10 FEBRUARY 196712.1(1) Regulation 1 Definitions Keep in mind12.1(2) Regulation 14 No person shall deposit or cause or allow to be deposited

any refuse, night-soil, litter, waste, manure or any offensivematter or liquid in or on or near any street, publicthoroughfare, proclaimed or public road, public place orcommon land so as to be offensive or a nuisance or injuriousor dangerous to health, or to promote the breeding of fliesand mosquitoes, or to harbour rodents

Ensure compliance. Develop waste procedures. Procedures

12.1(3) Regulation 15 No person who removes or causes or allows to be removedfrom any premises or along any road, public thoroughfare,proclaimed or public road, or from any public place orcommon land any refuse, night-soil, litter, waste, manure or




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offensive matter or liquid shall in the process of removaldeposit or cause or allow to be deposited any such refuse,night-soil, litter, waste, manure, offensive matter or liquid inor on any such street, public thoroughfare, proclaimed orpublic road, public place or common land so as to beoffensive, or a nuisance, or injurious or dangerous to health,or liable to be offensive, or a nuisance, or injurious ordangerous to health.

Where spill occurs then must clean up immediately.12.1(4) Regulation 16 No person shall cause or allow any offensive liquid to flow

either above or below the surface of the ground or throughthe soil from his premises onto any public thoroughfare,proclaimed or public road, public place, common land orinto any stream, water course or water furrow.


12.1(5) Regulation 17 No person shall deposit in or cause or allow to be depositedin or cause or allow to enter or to discharge into any watersupply which the public within the district of the localauthority has a right to use and does use, any matter, liquidor thing which is infectious or is injurious to man: Providedthat the addition to such water supply of liquids or othersubstances used by the local authority to combat snails,insects, pathogenic organisms, etc., which may spreaddiseases or cause a nuisance shall not be excluded hereby.

Ensure compliance. Develop waste procedures andincident prevention/handling procedures.

Procedures

12.1(6) Regulation 18 No person shall so add or cause or allow to be so added anyinfectious, offensive or noxious matter, effluent, fluid orthing to any water supply which the public within the districtof the local authority has a right to use and does use, as to bea nuisance or a danger to health.

Ensure compliance. Develop waste procedures andincident prevention/handling procedures.

Procedures

12.1(7) Regulation 21 No person shall take or cause or allow to be taken waterfrom any water supply which the public within the district

Ensure compliance



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of the local authority has a right to use and does use, in sucha manner that such water is polluted or liable to be polluted,so as to be a nuisance or a danger to health.

12.2 REGULATIONS RELATING TO INSPECTIONS AND INVESTIGATIONS, GN R 1128 OF 24 MAY 199112.2(1) Regulations 1 - 6 Deal with powers and duties of inspectors; detention and

seizure of food; rectification of certain conditions.Keep in mind



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12A. NATIONAL HEALTH ACT, 61 OF 200312A(1) Section 1 Definitions Keep in mind12A(2) Section 2 Objects of Act

Includes, inter alia, the protecting, respecting, promoting andfulfilling the rights of the people of South Africa to anenvironment that is not harmful to their health or well-being.

Keep in mind

12A(3) Section 79 Environmental Health Investigations [NOT YET INFORCE]If health officer has reasonable grounds to believe that acondition exists which(a) constitutes a violation of the right contained in section24(a) of the Constitution [ie. Environmental right];(b) constitutes pollution detrimental to health;(c) is likely to cause a health nuisance; or(d) constitutes a health nuisance,the health officer must investigate such condition.

Keep in mind. Ensure compliance.



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13. COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT, 130 OF 199313(1) Section 1 Definitions Keep in mind13(2) Section 39 Notice of accident by employer to Director-General

(1) Subject to the provisions of this section an employershall within seven days after having received notice of anaccident or having learned in some other way that anemployee has met with an accident, report the accident tothe commissioner in the prescribed manner.

(3) (a)An employer referred to in section 84 (1) (a) (ii)shall within 60 days after the commencement of this Act,and an employer referred to in section 84 (1) (a) (iii) shallwithin 30 days after having been granted exemption undersection 84 (2), furnish the commissioner in the prescribedmanner with the name of a person who shall be responsibleto report on behalf of such employer accidents as requiredby subsection (1) (in this section referred to as the’ responsible person').(b) If such employer individually liable thereafterdesignates some other person as the responsible personsuch employer shall within 30 days after such designationnotify the commissioner thereof in the prescribed manner.

Report accident to commissioner. Develop accidentreporting procedures.

Furnish name of accident reporter to commissioner.

Notify commissioner of new accident reporter (ifapplicable)

Accident reportingprocedures

Notice of accident

Notice identifying accidentreporter

Notice identifying newaccident reporter

13(3) Section 40 Inquiry by Director-General into accident(1) The Director-General shall, after having receivednotice of an accident or having learned in some other waythat an employee has met with an accident, make suchinquiry as he may deem necessary to enable him to decideupon any claim or liability in terms of this Act.

Keep in mind.



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(2) An employee or employer shall, at the request of theDirector-General, furnish such further particulars regardingthe accident and injuries concerned as the Director-Generalmay require.

Furnish any particulars by Director-General.

13(4) Section 41 Particulars in support of claim(1) An employee who has met with an accident shall,when reporting the accident or thereafter at the request ofthe employer or commissioner, furnish such informationand documents as may be prescribed or as the employer orcommissioner may direct.

(2) Subject to section 62, an employer shall within sevendays after having received a claim, medical report or otherdocuments or information concerning such claim send suchclaim, report, documents or information to thecommissioner.

Ensure that employee submits necessary information ordocuments. Develop accident reporting procedures.

Send report, documents or information to commissioner.Develop accident reporting procedures.



13(5) Section 42 Employee to submit to medical examination(1) An employee who claims compensation or to whomcompensation has been paid or is payable shall when sorequired by the Director-General or the employer ormutual association concerned, as the case may be, afterreasonable notice, submit himself at the time and placementioned in the notice to an examination by the medicalpractitioner designated by the Director-General or theemployer or mutual association concerned.

(2) Such expenses incurred by the employee to complywith the provisions of this section as the Director-Generalmay deem necessary and reasonable, and the prescribedremuneration for a medical examination in terms of thissection, shall be paid by the party requiring theexamination.

Ensure employee submits to medical examination if sorequested. Develop accident reporting procedures.

Keep in mind.




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(3) If, in the opinion of any medical practitioner, theemployee is not capable of calling upon the designatedmedical practitioner, the employee shall inform the partyrequiring the examination thereof or cause him to be soinformed, and the designated medical practitioner shall thenexamine the employee at a time and place as agreed upon.

(4) An employee shall be entitled at his own expense tohave a medical practitioner or chiropractor of his choicepresent at an examination by a designated medicalpractitioner.

Keep in mind. Ensure that medical practitioner examinesemployee at place agreed upon.

Keep in mind.

13(6) Section 43 Claim for compensation(1) (a) A claim for compensation in terms of this Actshall be lodged by or on behalf of the claimant in theprescribed manner with the commissioner or the employeror the mutual association concerned, as the case may be,within 12 months after the date of the accident or, in thecase of death, within 12 months after the date of death.

Ensure claim is lodged timeously. Develop accidentreporting procedures.

Lodging of claim


13(7) Section 68 Notice of occupational disease by employee and employer(1) An employee shall as soon as possible after thecommencement of a disease referred to in section 65(1)give written notice thereof to his employer or to theemployer where he was last employed, and he may alsogive written notice of the said disease in the prescribedmanner to the commissioner.

(2) An employer shall within 14 days after having soreceived notice or having learned in some other way thatan employee has contracted a disease referred to in section65(1), report such disease in the prescribed manner to thecommissioner or mutual association concerned, as the

Ensure employee gives notice of occupational disease.Develop occupational disease reporting procedures.

Report occupational disease to commissioner or mutualassociation. Develop occupational disease reportingprocedures.

Notice of occupationaldisease

Occupational diseasereporting procedures

Occupational diseasereporting procedures



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case may be, irrespective of whether he may be of theopinion that the employee did not contract such disease inhis employ or in the employ of a previous employer.

13(8) Section 74 Submission of medical report(1) A medical practitioner or chiropractor shall within 14days after having for the first time examined an employeeinjured in an accident or within 14 days after havingdiagnosed an occupational disease in an employee, furnisha medical report to the employer concerned in the prescribedmanner: Provided that where the employee was at the timeof the diagnosis of an occupational disease not employed,the medical report shall be furnished in the prescribedmanner to the commissioner.

Ensure medical practitioner or chiropractor submitsreport within 14 days. Develop accident andoccupational disease reporting forms.

Medical report

Accident and occupationaldisease reporting forms.

13(9) Section 80 Employer to register with Director-General and to furnishhim with particulars(1) An employer carrying on business in the Republicshall within the prescribed period and in the prescribedmanner register with the commissioner, and shall furnishthe commissioner with the prescribed particulars of hisbusiness, and shall within a period determined by thecommissioner furnish such additional particulars as thecommissioner may require.

(2) The particulars referred to in subsection (1) shall befurnished separately in respect of each business carried onby the employer.

(3) An employer shall within seven days of any change inthe particulars so furnished notify the commissioner ofsuch change.

Register with commissioner for purposes ofcompensation.

Keep in mind.

Notify commissioner of change in particulars (ifapplicable).

Registration withcommissioner

Notification of change inparticulars

13(10) Section 81 Employer to keep record(1) An employer shall keep a register or other record of Keep record of earnings of all employees. Record of earnings of all



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the earnings and other prescribed particulars of all theemployees, and shall at all reasonable times produce suchregister or record or a microfilm or other microformreproduction thereof on demand to an authorised personreferred to in section 7 for inspection.

(2) An employer shall retain the register, record orreproduction referred to in subsection (1) for a period of atleast four years after the date of the last entry in thatregister or record.

(4) A health and safety representative elected in terms ofthe Occupational Health and Safety Act, 1993 (Act 85 of1993), or the Mine Health and Safety Act, 1996 (Act 29 of1996), and a trade union representative elected in terms ofsection 14 of the Labour Relations Act, 1995 (Act 66 of1995), shall have the right to inspect, and whereappropriate bring to the attention of the commissioner, anyregister, record or document which the employer mustmaintain, keep or complete in terms of this Act.

Retain record etc for at least four years from date of lastentry.

Keep in mind.

employees

13(11) Section 82 Employer to furnish returns of earnings(1) Subject to subsection (1A), an employer, excluding anemployer referred to in section 84 (1) (a) and (b), shall notlater than the thirty-first day of March in each year furnishthe commissioner with a return in the prescribed form,certified by him, her or it as correct, showing-

(a) the amount of earnings up to the maximumcontemplated in section 83 (8) paid by him, her or it tohis, her or its employees during the period with effect fromthe first day of March of the immediately preceding yearup to and including the last day of February of the

Furnish return of earnings. Return of earnings



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following year; and(b) such further information as may be prescribed oras the Director-General may require.

(1A) An employer who commences business after the lastday of February of a particular year shall within sevendays after such commencement furnish the commissionerwith a return in the prescribed form, certified by him, heror it as correct, showing the estimated earnings of his, heror its employees for the period with effect from thecommencement of the business up to and including thelast day of February of the following year.

Furnish return of earnings.

13(12) Section 85 Variation of tariff of assessment(1) If in the opinion of the Director-General the businessof an employer is designed, equipped, organized orconducted in a manner which is calculated to preventaccidents and the number of accidents and the expenditurein connection therewith are or are likely to be less thanthose usually occurring in comparable businesses, theDirector-General may assess that employer at a lowertariff of assessment than the tariff of assessment foremployers in like businesses.

(2) If the accident record of an employer during aparticular period is in the opinion of the Director-Generalless favourable than those of employers in comparablebusinesses and the Director-General is of the opinion thatsuch state of affairs will probably continue, the Director-General may assess such employer at a higher tariff ofassessment than the tariff of assessment for employers inlike businesses.

Keep in mind

Keep in mind



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(3) If the accident record of an employer during aparticular period is in the opinion of the Director-Generalmore favourable than those of employers in comparablebusinesses, the Director-General may give such employer arebate on any assessment paid or payable by him.

Keep in mind

13(13) Section 86 Assessment to be paid by employer to commissioner(1) An assessment shall be paid by an employer to thecommissioner within 30 days after the date of the notice ofassessment or, with the approval of the commissioner, insuch instalments and at such times and on such conditionsas the commissioner may determine.

Pay assessment within 30 days of notice.

13(14) Section 89 Mandators and contractors(1)(a) If a person (the mandator) in the course of or forthe purposes of his business enters into an agreement withany other person (the contractor) for the execution by orunder the supervision of the contractor of the whole or anypart of any work undertaken by the mandator, thecontractor shall, in respect of his employees employed inthe execution of the work concerned, register as anemployer in accordance with the provisions of this Act andpay the necessary assessments.

(b) If a contractor fails so to register or pay any assessment,the said employees of the contractor shall be deemed to bethe employees of the mandator, and the mandator shall paythe assessments in respect of those employees.

(2) If a mandator has paid an assessment or compensationfor which he would not have been liable but for theprovisions of subsection (1), such mandator may recoverthat assessment or compensation from the contractor.

Ensure that contractor is registered as employer withcommissioner.

Keep in mind. Ensure contractor is registered.

Keep in mind.

Registration as employerwith commissioner

Registration as employerwith commissioner



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(3) If a mandator has in terms of this section paid anassessment or compensation to the commissioner, he mayset off the amount so paid by him against his debt to thecontractor.

(4) Notwithstanding the provisions of this section, theDirector-General may recover compensation from thecontractor instead of from the mandator, and if the fullamount cannot be recovered from the one, the shortfall canbe recovered from the other.

(5) A mandator shall not be liable in terms of this sectionin respect of any accident which happened at a place whichis not on or about the premises on which the mandatorundertook to execute the work, or which is not otherwiseunder his control or management.

Keep in mind.

13.1 REGULATIONS IN TERMS OF THE COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT, GN R 120 OF 28 JANUARY 200513.1(1) - Refer to Regulations for full details



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14. TOBACCO PRODUCTS CONTROL ACT, 83 OF 199314(1) Section 1 Definitions Keep in mind14(2) Section 2 Control over smoking of tobacco products

(1) (a) The smoking of tobacco products in any public placeis prohibited.(b) Notwithstanding the provisions of subsection (1)(a), theMinister may by notice in the Gazette declare specifiedpublic places permissible smoking areas, subject to anyconditions that may be specified in such notices.

Keep in mind. Develop procedures. Procedures


14.1 NOTICE RELATING TO SMOKING OF TOBACCO PRODUCTS IN PUBLIC PLACES, GN R 975 OF 29 SEPTEMBER 200014.1(1) Regulation 1 Definitions Keep in mind14.1(2) Regulations 2–3 Defines various smoking areas, warning signs to be erected,

precautionary measures, size etcEnsure compliance

14.1(3) Regulations 6-7 Employer’s duties as regards smoking control etc Ensure compliance. Develop policy/procedure Policy/ procedure14.1(4) Regulations 8 - 9 Employer to have written smoking policy in place

Employer may prohibit smoking in totalDevelop policy Policy/ procedure



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PART C: BY-LAWS

15. CITY OF CAPE TOWN –WASTEWATER AND INDUSTRIAL EFFLUENT BY-LAW, LA 18367, PG 6378 OF 1 SEPTEMBER 200615(1) Section 1 Definitions Keep in mind15(2) Section 2 Duties of owners of property

(1) Every owner of property shall on receipt of writtennotice by the Council -

(e) submit and implement a waste management planincluding inter alia a waste minimisation schedule;

(f) submit and implement a chemical management planincluding inter alia an inventory

(2) No owner of property may allow:—(a) the ingress of groundwater or stormwater into a privatesewer installation on his or her premises, or(b) the seepage of wastewater from a private sewerinstallation on his or her premises, or(c) the ingress of stormwater into a private sewerinstallation on his or her premises, except with the writtenconsent of the Council and subject to such conditions as itmay impose.

(3) Every owner of property shall take adequate measures toprevent ingress and seepage referred to in subsection (2).

Submit plan and schedule if requested

Submit plan and inventory if requested

Ensure compliance. Develop procedures preventingingress and/or seepage.

Ensure compliance. Develop procedures preventingingress and/or seepage.

Waste management planand waste minimisationschedule

Chemical management planand inventory

Procedures

Procedures

15(3) Section 3 Protection of municipal sewers(1) No person shall, except with the written consent of the



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council and subject to such conditions as it may impose—

(e) discharge, permit to enter or put into any municipalsewer:—

(i) any stormwater;(ii) any gas or steam;(iii) any liquid (not being domestic

wastewater) with a temperature higherthan 40°C;

(iv) any petrol, oil, greases, waxes, fat orpesticides, insecticides or paints;

(v) any refuse or waste resulting from anyindustrial, trade, manufacturing orchemical process;

(vi) any liquid which has a pH value of lessthan five comma five or greater thantwelve;

(vii) any substance which gives off or is liableto give off explosive, poisonous orinflammable gases or vapours;

(viii) any substance which has an Abel’s open cup flashpoint of less than 60°C;

(ix) any substance which contains volatileflammable solvents or solvents immisciblewith water;

(x) any substance which may, in the opinionof the council, by itself or in combinationwith any other substances:—(aa) cause a nuisance to any person;(bb) endanger the health of or injure

any person;(cc) interfere with the free flow of

Ensure compliance. Develop procedures. Ensure that allthird parties (eg contractors) also comply.

Procedures



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sewage;(dd) injuriously affect any sewer or

wastewater works or landconnected with any sewer or withthe conveyance, treatment,purification, disposal or re-use ofwastewater, or

(ee) in any way prejudice the disposalor re-use of wastewater effluentafter treatment or purification orlead to an effluent which does notmeet the requirements imposed interms of any applicablelegislation;

(f) discharge any substance other than industrial effluentinto a separate private system of conveyance, and

(g) in cases where a separate private system ofconveyance for industrial effluent is installed, dischargeindustrial effluent into any other sewer.



Procedures

Procedures

15(4) Section 5 Consent required to discharge of industrial effluentNo person may, except with the written consent of theCouncil, and subject to such conditions it may impose:—(a) discharge or permit the discharge of industrial effluentdirectly or indirectly into any wastewater system;(b) increase, or permit to be increased, the quantity orvary, or permit to be varied, the nature, content orcomposition of any industrial effluent in contravention ofthe conditions imposed by the council; or(c) contravene, or permit to be contravened, any othercondition imposed by the council when consent was granted

Obtain written effluent discharge permission

Obtain written permission (if applicable)

Obtain written permission (if applicable)

Effluent discharge permit



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to discharge industrial effluent.15(5) Section 6 Non-waterborne disposal of industrial effluent

(1) Where no municipal sewer is available for the dischargeof wastewater, no person may dispose of wastewater:—(a) unless the council has approved the method oftransportation and imposed such conditions as it may deemfit, and(b) by any method of transportation unless written proofof acceptance is provided in every instance by the person incharge of a facility approved by the council where suchwastewater is disposed of; such proof to be retained, andmade available for inspection, by the person who generatedthe wastewater or its by-products for at least one year afterthe date of such disposal.

(2) No person who transports wastewater by any meansother than waterborne transportation may:—(a) dispose of such wastewater at or in any place otherthan at a facility approved by the council, or(b) allow such wastewater to spill, leak or seep from anycontainer.

Obtain council’s approval (if applicable)

Obtain proof of acceptance (ie safe disposal certificate)by facility (and not the waste contractor).Retain proof for one year minimum

Ensure that waste contractor complies. Remember thecradle-to-grave principle will always apply to yourcompany. Consider getting an indemnity and/orundertaking from the waste contractor.

Council’s approval to transport wastewater

Proof of acceptance (ie safedisposal certificate)

15(6) Section 9 Offences and penalties Ensure compliance15(7) Schedule 1 Charges in respect of industrial effluent

Sets out formula for calculating charges15(8) Schedule 2 Prohibited discharge into sewers

Sets out various discharge limits, levels etc Ensure compliance. Develop procedures for testing andmonitoring wastewater and effluent quality.

Procedures



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16. CITY OF CAPE TOWN –DUMPING AND LITTERING BY-LAW, PG 5894 OF 21 JUNE 200216(1) Section 1 Definitions Keep in mind16(2) Section 2 Dumping and littering

No person may– litter or cause or permit littering of waste; dump or cause or permit the dumping of waste.

If so Council may direct, by way of a written notice any orall of the following persons– any person who committed, or who directly or

indirectly caused or permitted , the contravention; the generator of the waste, whether or not the

generator is responsible for the contravention;. the owner of the land or premises where the

contravention took place, if the owner failed to takethe steps

the person in control of, or any person who has or had,at the time of the contravention, a right to use, the landor premises where the contravention took place, if thatperson failed to take the steps

any person who negligently failed to prevent thecontravention from taking place,

to cease the contravention in a specified time, or to prevent afurther contravention or the continuation of thecontravention, and to take whatever steps Council considersnecessary to clean up or remove the waste, to rehabilitate theaffected facets of the environment and to ensure that thewaste, and any contaminated material which cannot becleaned or rehabilitated, is disposed of lawfully.

Develop procedures to prevent dumping and littering.Make employees and contractors aware of obligationsand procedure.

Keep in mind. If there are other companies/people usingpremises then investigate option of obtainingindemnities from them, including contractors. If tenantson premises then incorporate into lease agreement.

Procedures

Indemnities / Leaseagreement



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A person who owns land or premises, or who is in control ofor has a right to use land or premises, may not use or permitthe use of the land or premises for unlawful dumping ofwaste and must take reasonable steps to prevent the use ofthe land or premises for this purpose.

Council may perform steps if no response to notice issued,and can recover reasonable costs which may include, but arenot limited to, labour, administrative, overhead,investigation and prosecution costs.

Ensure compliance. Prevent that dumping by employees,contractors or public takes place.

Keep in mind

16(3) Section 3 OffencesContravention is criminal offence Keep in mind

16(4) Section 4 Penalties and convictionsLittering: up to 60 days imprisonment and/or R 3333.33 fineDumping: up to 1 year imprisonment and/or R 20 000.00fine

For second or subsequent convictions the court must imposea sentence of a fine or imprisonment for a period not lessthan 1 year, and/or a R 20 000.00 fine. Provided that if thecourt is satisfied that substantial and compellingcircumstances exist which justify the imposition of a lessersentence, the court shall enter those circumstances on therecord of the proceedings and may impose such a lessersentence.

A court may, when considering sentence, take into accountas aggravating circumstances that, inter alia– a convicted person has delayed in complying with the

terms of any notice or directions issued; a financial advantage was or would have been gained

by a convicted person in consequence of the

Keep in mind

Keep in mind. Note the minimum sentence and/or finethe court must impose.

Keep in mind



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commission of the offence; the dumped waste posed a potential or actual threat to

public health, public safety or the environment

Court may also order convicted person to pay compensationto others for loss suffered, and to rehabilitate environment.

Employer may also be guilty of offence if this was causedby manager, agent or employee.

Keep in mind

Make manager, agent and/or employees aware ofemployer’s potential liability.



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17. CITY OF CAPE TOWN - AIR POLLUTION CONTROL BY-LAW, LA 12649, PG 5979 OF 4 FEBRUARY 200317(1) Section 1 Definitions Keep in mind17(2) Section 3 Duty of care

To prevent and/or mitigate air pollution. Council may orderperson(s) to investigate and assess impacts, and to takemeasures and steps.

Upon failure to take steps Council may take reasonablemeasures to remedy, and may recover costs from variousresponsible persons. Joint and several liability lies againstpersons.

Develop procedures to prevent and/or mitigate airpollution.

Refer to by-law for full details of which persons may beresponsible. Keep in mind. Investigate option ofobtaining indemnities from other land users, personssharing premises, contractors etc

Procedures

17(3) Section 4 Declaration of air pollution control zoneWhole of Cape Town is air pollution control zone. Councilmay impose different requirements and criteria for certainareas, premises, classes of premises/industries, types of fuel,declare smokeless zones, in which smoke with anobscuration of more than 10% may not be emitted etc

Keep in mind. If requirements are imposed by Councilthen ensure compliance.

17(4) Section 6 Prohibition (on smoke from non-dwellings)Dark smoke must not be emitted from any premises for anaggregate period exceeding three minutes during anycontinuous period of thirty minutes.

Ensure compliance

17(5) Section 7 Installation of fuel-burning equipmentPrior consent needed from Council before installing,altering, extending or replacing any fuel-burning equipment

17(6) Section 8 Operation of fuel-burning equipmentGoverns operation of equipment and liability of persons Refer to by-law for full details

17(7) Section 9 Installation and operation of obscuration measuringequipment



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Council may order this. Section regulates obligations etcsurrounding equipment

Refer to by-law for full details

17(8) Section 10 Monitoring and samplingDuty to monitor and sample and to keep records Develop procedure to monitor and sample. Keep records. Procedures / Records

17(9) Section 14 Emissions caused by open burningPrior consent needed from Council for open burning.Council must take several factors into account before takingdecision whether to give consent.

Obtain consent from Council if want to burn in open.Refer to by-law for full details of factors.

17(10) Section 15 Prohibition (on emissions from compressed ignitionpowered vehicles)No person may on a public road drive or use, or cause to bedriven or used, a compressed ignition powered vehicle thatemits dark smoke. If dark smoke is emitted the owner anddriver of the vehicle shall each be guilty of an offence. Theregistered owner of the vehicle shall be presumed to be thedriver unless the contrary is proven.

Ensure that vehicles are compliant and properlymaintained. Develop maintenance and serviceprocedures.

Procedures

17(11) Sections 16 - 18 Stopping of vehicles for inspection and testing; Testingprocedure; Repair noticePower to stop, inspect and test vehicles. Repair notices. Refer to by-law for full details

17(12) Section 19 Prohibition (on emissions that cause a nuisance)Any occupier or owner of premises from which a nuisanceemanates, or where a nuisance exists, is guilty of an offence.

Ensure that no nuisance is caused, or if same exists thatit is addressed. Develop procedures in this regard.

Procedures

17(13) Sections 20 - 21 Abatement notice; Steps to abate nuisanceDeals with power to issue notices, steps to be followed byperson on whom notice is served, and Council’s power to act if notice not complied with.

Keep in mind

17(14) Section 25 Offences and penaltiesDeals with various fines and sentences. Court may alsoorder that rehabilitation is carried out, that damages are paid,and that person installs obscuration reading equipment.

Ensure compliance



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18. CITY OF CAPE TOWN –BY-LAW RELATING TO COMMUNITY FIRE SAFETY, 1 MARCH 200218(1) Section 1 Definitions Keep in mind18(2) Section 10 Reporting a fire hazard and other threatening danger

An owner or the person in charge of the premises, upondiscovering any evidence of a fire hazard or otherthreatening danger pertaining to this by-law, mustimmediately notify the controlling authority.

Report any fire hazard or danger to authority. Developprocedure for this. Train and make staff aware of thisrequirement.

Reporting procedure

18(3) Section 14 Fire doors and assembliesSets out requirements for the above Ensure compliance

18(4) Section 15 Escape routesSets out requirements for the above Ensure compliance

18(5) Section 17 Fire extinguishersSets out requirements for fire extinguishers, incl filling,recharging, inspection, testing etc.Filling etc may only be done by person holding permit orcertificate.

Ensure compliance

Ensure that person holds permit or certificate

18(6) Section 18 Testing and maintenance of fire protection systemsMust be tested and maintained on regular basis.If inoperable or out of service authorities to be notifiedimmediately.

Test regularly. Develop proceduresNotify authorities if necessary

Procedures

18(7) Section 26 Combustible waste and refuseOwner or person in charge of premises must not allowcombustible waste or refuse to accumulate in any area or inany manner so as to create a fire hazard or other threateningdanger.Combustible waste and refuse must be properly stored ordisposed of to prevent a fire hazard or other threateningdanger as prescribed in the applicable legislation, dealingwith the storage and disposal of that specific type of

Keep premises free of combustible waste or refuse.Develop procedure.

Ensure that waste stored properly and safely. Developprocedure.

Procedure

Procedure



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combustible waste and refuse, or in the absence ofapplicable legislation as determined by the controllingauthority.

18(8) Section 27 DustThe owner or person in charge of the premises or a portionthereof may not allow the accumulation of dust in quantitiessufficient to create a fire or other threatening danger andmust store or dispose of the dust as prescribed in theapplicable legislation dealing with the storage and disposalof that specific type of dust.

Ensure that dust is not accumulated and does not pose afire threat or danger. Develop procedure (if necessary).Ensure proper disposal (if necessary).

Procedure

18(9) Section 28 Combustible or flammable substances and sweepingcompoundsNotwithstanding anything to the contrary contained in anyother law, only approved water-based solutions ordetergents, floor sweeping compounds and greaseabsorbents must be used for cleaning purposes.

The use of sawdust or similar combustible materials to soakup combustible or flammable substances spilled or droppedin the course of a process, is prohibited.

Use only approved cleaning materials. Developprocedure. Train staff.

Ensure that sawdust or other combustible material is notused.

Procedure/training

Procedure/training

18(10) Section 29 Accumulation in chimneys, flues and ductsThe owner or person in charge of the premises or a portionthereof must not allow soot or any other combustiblesubstance to accumulate in a chimney, flue or duct of thepremises in such quantities or in such a manner as toconstitute a fire hazard or other threatening danger.

Clean/scrub chimney, flue or duct regularly (ifapplicable)

18(11) Section 30 Sources of ignitionProhibit or prevent sources of ignition in areas containingcombustible or flammable substances. Maintain adequatedistance between combustible substances andheating/lighting equipment or other ignition sources.

Develop procedures. Training/awareness. Procedures/training



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18(12) Section 31 SmokingRegulates smoking. Refer to section for details. Ensure compliance. Develop procedures. Procedures

No smoking signs18(13) Section 32 Electrical fittings, equipment and appliances

Do not overload supply outlet. Do not use appliance orextension lead in manner likely to create fire hazard.

Safe use of equipment and appliances

18(14) Section 33 Flame-emitting deviceA person may not cause or permit a flame-emitting device,such as a candle, lantern or torch, but not limited thereto, tobe used in a manner which is likely to create a fire hazard orother threatening danger.

Take care when using such devices

18(15) Section 34 Combustible materialA person may not store, transport, use or display or cause orpermit to be stored, transported, used or displayed, whetherinside or outside any premises, any combustible material ora flammable substance in quantities or in a position or in amanner likely to cause or create a fire hazard or otherthreatening danger.

Ensure compliance. Develop procedures. Move materialsto another location (if necessary).

Procedures

18(16) Section 35 Lighting of fires and burning of combustible materialThe lighting of fires and the disposal of combustiblematerial by burning is prohibited, save in the circumstancesset out in this section.

Do not light fires or burn combustible material if thisdoes not comply with this section. Develop procedures(if necessary).

Procedures

18(17) Section 37 Storage and use of a flammable substancePrior to construction of new installation, or alteration ofexisting installation, for storage of flammable substance,owner/person in charge must submit building plan toauthorities.

Prior to commissioning of aboveground or undergroundstorage tank, LPG installation or associated pipe work,owner/person in charge must have it pressure tested inpresence of authorities.

Submit building plans

Perform pressure test

Building plans

Pressure test



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Prior to alteration of premises that impacts on fire safety ofexisting aboveground or underground storage tank, LPGinstallation or associated pipe work, owner/person in chargemust notify authorities (section 37(5)).

Owner/person in charge may not store or use(i) a flammable gas in excess of 19 kilogram, or

(ii) a flammable liquid of a danger group (i), (ii), (iii)

or (iv) in excess of 200 litres,

unless he has obtained a flammable substance certificatefrom the authorities.

Notify authorities

Obtain flammable substance certificate Flammable substancecertificate

18(18) Section 38 Flammable substance certificateSets out requirements for certificate.

Must be renewed annually, and whenever quantity or classof flammable substance requires to be changed, or whensection 37(5) applies.

Supplier may not supply flammable substance unlessowner/person in charge is in possession of valid certificate.

Take note

Renew annually, or when changes occur, or if section37(5) applies.

If supplying substance then ensure that the customer is inpossession of certificate (if applicable).

Certificate renewal

Flammable substancecertificate

18(19) Section 39 Permanent or temporary above ground storage tank for aflammable liquidSets out detailed requirements for storage tanks. Please referto section 39 for full details.

Ensure that the various requirements are complied with.

18(20) Section 40-46 Underground storage tank for a flammable liquid;Bulk storage depot for flammable substances;Small installations for liquefied petroleum gas;Liquid petroleum gas installation in mobile units and smallnon-permanent buildings;



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The fuelling of forklift trucks and other LP gas operatedvehicles;The storage and filling of refillable liquid petroleum gascontainers;Bulk storage vessel for liquid petroleum gas

Sections 40-46 regulate the above topics. Please refer to therespective sections should your company’s activities or operations involve any of the above.

Ensure compliance

18(21) Section 47 Termination of the storage and use of flammable substancesRegulates what must be done if an aboveground orunderground tank installation, LPG installation or associatedpipe work is no longer required.Notify authorities within 7 days of cessation.Remove flammable substance within 30 days and rendersafe.

Remove installation and pipe work within 6 months, unlessauthorities instruct otherwise.Restore public footpath or roadway disturbed by removal.

Take note

Notify authoritiesRemove flammable substance and render safe. If donethrough contractor ensure that they comply with anylegislation and that a safe disposal certificate or otherproof of disposal/rendering safe is obtained from them.

Remove installation etcRestore footpath and roadway (if applicable)

Notification to authorities

Proof of disposal/renderingsafe by contractor (ifapplicable)

18(22) Section 48 Reporting accidentsIf an accident occurs which involves a flammable substanceand results in a fire, an explosion, spillage or loss of aflammable substance, as well as personal injury or death, theowner or person in charge of the premises must immediatelynotify the controlling authority.

Notify authorities in case of incident, accident, injury ordeath.If this is caused by a contractor then ensure that thecontractor notifies the company immediately. Instructcontractor to do so.

Notification to authorities

Contractor’s notification

18(23) Section 49 Flammable storesSets out detailed requirements for flammable stores, incldesign/construction requirements; fire safety/prevention;access; use. Please refer to section 49 for full details.

Ensure compliance.Develop procedures governing safety, use, access etc

Procedures

18(24) Section 50 Container handling and storage



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Sets out detailed requirements and procedures for containerhandling and storage, incl extraction/pumping, labelling ofcontainers.Also deals extensively with storage of containers in theopen, ie where no flammable store is available. If yourcompany is storing in the open please refer to section 50 fordetails of how to store etc (ie. fencing, roofing, access,safety etc)

Develop procedures for the safe handling and storage ofcontainers.

If using outside storage area ensure that same complieswith requirements imposed. Develop procedures toextent this is necessary.

Procedures

Procedures

18(25) Section 51 Spray rooms and boothsSpray room, booth or area designated for application offlammable liquid must be constructed and equipped so as tocomply with General Safety Regulations in terms ofOccupational Health and Safety Act (see above for summaryof Regulations and Act).

Refer to General Safety Regulations to ensurecompliance. Develop procedures to extent this isnecessary.

Procedures

18(26) Section 52 Liquid petroleum gas containersSets out requirements for LPG containers, incl storage Ensure compliance. Develop procedures if necessary Procedures

18(27) Section 53 Dangerous Goods Certificate–Transportation of dangerousgoodsSets out requirements for vehicles and operators. If this isapplicable to your company then please refer to section 53for full details.Consignor may not supply flammable substance to operatorof vehicle if operator is not in possession of valid dangerousgoods certificate.Consignee may not receive flammable substance if operatorof vehicle is not in possession of valid dangerous goodscertificate.

Comply with requirements (if applicable)

If your company consigns flammable substances thenensure that operator has valid dangerous goodscertificateIf your company receives flammable substances thenensure that operator has valid dangerous goodscertificate

Legal requirements

Operator’s dangerous goods certificate

Operator’s dangerous goods certificate

18(28) Section 55 Offences and penalties Take note. Ensure compliance18(29) Schedule 2 Forms18(30) Schedule 3 Applicable legislation

(with reference to section 35(4) of by-law–lighting of fires



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and burning of combustible material18(31) Schedule 4 SABS codes of Practice and Specifications Take note. Ensure compliance with same (if necessary).



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19. CITY OF CAPE TOWN –ENVIRONMENTAL HEALTH BY-LAW, LA 1333, PG 6041 OF 30 JUNE 200319(1) Section 1 Definitions Keep in mind19(2) Sections 2–3 Deal with prevention and suppression of health nuisances,

and owners obligations etcEnsure compliance. Develop procedures. Procedures

19(3) Section 6 No person shall keep, cause or suffer to be kept any factoryor trade premises so as to cause or give rise to smells oreffluvia that constitute a health nuisance.


19(4) Section 8 No person shall keep, cause or suffer to be kept on anypremises any accumulation or deposit of filth, rubbish,

refuse, manure, other offensive matter, or objectionablematerial or thing so as to be a health nuisance.


19(5) Sections 23 - 27 Deals with medical waste, removal of waste by privatecontractors, etc. Generators to keep records of wasteproduced. Must also register themselves with Council.

Refer to By-law for full details. Develop medical wastehandling procedures (where applicable and necessary).

Procedures

19(6) Section 40 PenaltiesSets out fines and offences Ensure compliance



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20. CITY OF CAPE TOWN –WASTE MANAGEMENT BY-LAW, LA 467 OF 15 SEPTEMBER 200020(1) Section 1 Definitions Keep in mind20(2) Section 4 Provisions for waste disposal

Once waste has been removed for disposal from thepremises on which it was generated, it must be disposed ofat a disposal site or depot classified for such waste, unlessotherwise provided for in this by-law.

No person without prior authority being granted by Council,may enter a Council disposal site or depot for any purposeother than the discharge of waste in terms of this by-law andthen only at such times and between such hours as Councilmay from time to time determine.

Persons must inform Council if they have reason to suspectthat the waste may, by reason of its presence at the disposalor depot, cause damage to, or create a nuisance or hazard at,the disposal site or depot. Failure to do so will render theperson disposing of the waste and the person responsible forthe disposal of the waste, jointly and severally liable for allreasonable costs incurred by Council for remedying thesituation, including labour costs, administration and legalcosts and overheads.

Keep in mind

Keep in mind

Keep in mind

20(3) Section 5 Mini-refuse siteNo person shall dispose of any waste at a mini refuse siteunless:-(a) the waste was generated by the occupier of

premises exclusively used for residential purposes,and is transported in a vehicle not exceeding 1 tonpayload; and,

Keep in mind



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(b) permission has been granted by Council for thatparticular type of waste to be disposed of at thatsite.

20(4) Section 6 Special and medical wasteNeed prior permit from Council to dispose of special waste.

If Council is of the opinion that special measures need to beadopted to render special waste acceptable for disposal at aCouncil disposal site, or to avoid a potential health hazard ornuisance arising at the Council disposal site, it may servewritten notice on the waste generator or person responsiblefor or in control of the waste, to take such measures asCouncil may direct.

If the person served with a notice in terms of section 6.2fails to comply with the notice within the time specified, ordoes not adequately comply, when disposing of the waste ata Council disposal site, then the Council may take themeasures it considers necessary to remedy the situation.

No person may dispose of medical waste other than at anapproved and permitted facility

Obtain permit

Follow notice (if applicable)

Keep in mind

Ensure proper disposal

Permit

20(5) Section 11 Offences Ensure compliance



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21. CITY OF CAPE TOWN –WATER BY-LAW, LA 18366, PG 6378 OF 1 SEPTEMBER 200621(1) Section 1 Definitions Keep in mind21(2) Section 4 Powers of the Director: Water

(1) If, in the opinion of the Director: Water, the waterinstallation or a part thereof on a premises is so defective orin such a condition or position as to cause, or be likely tocause, waste or undue consumption of water, pollution of thewater supply, or a health or safety hazard, the Director:Water may by notice in writing require the owner to complywith the provisions of this by-law within a specified period.

(3) If the Director: Water has reason to believe that a waterinstallation may be defective in a way that may pose orbecome a health or safety risk to the occupants of thepremises, he or she may require that the water installation betested or disinfected at the cost of the owner.

Keep in mind. Ensure that no water pollution or wastageof water takes place. Develop procedures.

Keep in mind

Procedures

21(3) Section 9 Imminent emergencies and situations that require immediateactionDeals with the powers the Director: Water has to orderimmediate action in the event of imminent emergencies orsituations.

Comply with any orders given

21(4) Section 10 Duties of the public(1) Every member of the public must, on becoming aware ofany emergency, imminent situation that requires immediateattention or a situation that may give rise to the wastage ofwater or pollution, immediately inform the Director: Water.

(2) Any person acting in terms of subsection (1) who doesnot wish to be identified, may request that his or her namenot be disclosed in any subsequent action.

Report any emergencies or imminent situations (by thirdparties). Conversely, bear in mind, that the public has asimilar duty towards your company.

Keep in mind



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21(5) Section 11 Recovery of costsEvery person committing a breach of the provisions of thisby-law is liable to compensate the municipality for any lossor damage suffered or sustained by it in consequence of suchbreach. The municipality can recover costs from, inter alia:person on whom notice was served; owner of premises;consumer.

Keep in mind

21(6) Section 12 Compliance noticeDeals with power of officials to serve a compliance notice. Take necessary action if served with such notice

21(7) Section 13 Responsibility for compliance with this by-law(1) The owner is responsible for ensuring compliance withthis by-law in respect of all or any matters relating to thewater installation and the maintenance thereof.

(2) The consumer is responsible for compliance with this by-law in respect of matters relating to the use of any water.

If owner, then ensure compliance

If consumer, then ensure compliance

21(8) Section 18 Unauthorised use of waterNo person may use water from the water supply system—

(c) unless an agreement referred to in section 19 or 20has been concluded, or

(c) except through a communication pipe provided interms of section 26 or from a hydrant in terms ofsection 35, or

© except through a metered water supply pointspecifically installed by the municipality for the supply ofwater.

Conclude water supply agreement Water supply agreement

21(9) Section 19 Application for supply of water(1) Water from the water supply system will not be suppliedto any premises unless the owner has applied to themunicipality for a supply and such application has beenagreed to.

Conclude water supply agreement Water supply agreement



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(2) An application for the supply of water approved by theDirector: Water constitutes an agreement between themunicipality and the owner and takes effect on the datereferred to in the application.

21(10) Section 23 Termination of agreementsDeals with power of Director: Water to terminate the watersupply agreement in the event of breaches/contraventions ornon-payment of fees/charges.

Keep in mind

21(11) Section 41 Water restrictions(1) The council may by public notice, whenever there is ascarcity of water available to it for distribution and supply toconsumers, or for any other good cause—(a) prohibit or restrict the consumption of water in thewhole or part of the City

(i) in general or for specified purposes;(ii) during specified hours of the day or on specified

days, and(iii) in a specified manner, and

(b) determine and impose limits on the quantity of waterthat may be consumed over a specified period;(c) impose restrictions or prohibitions on the use or mannerof use or disposition of an appliance by means of whichwater is used or consumed, or on the connection of suchappliances to the water installation, and(d) invoke the special tariffs in respect of water restrictions,determined in terms of the Tariff Policy By-law.

(6) Any person contravening the provisions of a noticepublished in terms of subsection (1) is guilty of an offence.

Comply with any restrictions imposed.

Ensure compliance

21(12) Section 42 Wastage of water(1) No person may, in the opinion of the Director: Water,negligently, purposefully or wastefully—

Develop procedures to prevent wastage of water. Makeemployees and contractors aware of same.

Procedures



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(a) discharge water from terminal water fittings or permitsuch discharge;(b) permit pipes or water fittings to leak;(c) use water fittings that are incorrectly adjusted ordefective or permit such use;(d) permit an overflow of water to persist, or(e) inefficiently use water or allow an inefficient use ofwater to persist.

(2) An owner must repair or replace any part of the waterinstallation which is in such a state of disrepair that, in theopinion of the Director: Water, it is either causing or islikely to cause an occurrence listed in subsection (1).

(3) If an owner fails to comply with subsection (2), theDirector: Water may take such measures as he or she maydeem fit and recover the cost from the owner.

(4) (a) A consumer must ensure that any equipment or plantconnected to the water installation uses water in an efficientmanner.(b) If in the opinion of the Director: Water, the use of waterby any equipment in a water installation is inefficient orwasteful, the Director: Water may, by written notice,prohibit the use of such equipment.

(5) When the use of equipment has been prohibited in termsof subsection (4)(b), such equipment shall not be returned touse until its efficiency has been restored and a writtenapplication to do so has been approved by the Director:Water.

Repair or replace water installation of so ordered.Develop maintenance procedures.

Keep in mind

Develop maintenance procedures

Procedures

Procedures



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21(13) Section 43 Water Conservation and Demand ManagementAny owner or consumer must comply with the good waterconservation and demand management practices as set out inSchedule 2 of this by-law.

Please note: Schedule 2 refers to various prohibitedpractices. In addition, an annual water audit is nowmandatory for certain larger water users.Develop procedures prohibiting identified practices.Make employees and contractors aware of same andensure compliance.

Procedures

21(14) Section 47 Plans approval procedure(1) If an owner wishes to install a new water installation, heor she must first obtain the written approval of the Director:Water on plans submitted for scrutiny; provided thatapproval shall not be required for the repair or replacementof an existing pipe or water fitting other than a fixed waterheater and its associated protective devices, in whichinstance a notice of notification is required.

Submit plans and obtain approval for new installations.

Submit notice of notification for fixed water heaters andassociated protective devices (if applicable)

Plans and approval

Notice of notification (ifapplicable)

21(15) Section 59 Prevention of pollution of water(2) An owner must provide and maintain measures

approved by the Director: Water to prevent theentry of a substance which may be a danger tohealth or adversely affect the potability of waterinto-

(2) the water supply system, and(2) any part of the water installation on his or her

premises.(2) The Director: Water must approve the appropriate levelof backflow prevention required in each instance.

Develop procedures to prevent water pollution Procedures

21(16) Section 61 Use of water from other sources than the municipal watersupply(1) No one may use, or permit to be used, any waterobtained from a source other than the municipal water

Obtain approval if intend to use water for domesticconsumption

Approval by Director:Water, for domestic



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supply for domestic consumption, unless the waterconcerned has been approved by the Director: Water for thatpurpose and in accordance with the conditions determinedby the Director: Water.

(2) No person may connect a water supply obtained fromany source other than the municipal water supply to anywater distribution system without the prior written approvalof the Director: Water, and then only in accordance with theconditions determined by the Director: Water.

(3) Any owner of premises on which a water source islocated, must within 14 days of being called upon to do so,provide the Director: Water with such particulars regardingthe water source as may be required.

(4) An owner of premises contemplated by subsection (3),must at own cost, on being called upon to do so, furnish theDirector: Water with such certificates of analysis andbacteriological investigation in respect of water sources onthose premises as may be required.

(5) The Director: Water may withdraw any consent given interms of subsection (1) if, in the opinion of the Director:Water—(a) a condition imposed in terms of that subsection isbreached, or(b) the water no longer conforms to the requirementsimposed by the Director : Water.

(6) The provisions of this section do not exempt any personfrom complying with the applicable provisions of the

Obtain approval for any other water supply if intendconnecting to the municipal water distribution system

Provide details if so requested

Furnish certificate of analysis if so requested

Ensure compliance

Take note of provisions of National Water Act (see thefull text version in the Legal Register, as well as the

consumption (if applicable)

Approval by Director:Water (if applicable)

Certificate of analysis (ifapplicable)



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National Water Act, 1998 (Act 36 of 1998) or any otherrelevant national legislation.

Summary above at Index Ref 3)

21(17) Section 62 Wells, borehole, wellpoints and excavationsEvery owner of premises must ensure that any well,wellpoint, borehole or other excavation located on his or herpremises—(a) is adequately safeguarded from creating a healthnuisance, and(b) is not filled in a way, or with material, that may causean adjacent well, borehole or underground source of water tobecome polluted or contaminated.

Prevent water pollution. Develop procedures. Procedures

21(18) Section 63 Notice of the sinking or digging of boreholes, wells andwellpoints(1) No one may sink or dig, or cause or permit to be sunk ordug, a well, wellpoint or borehole, unless the Director :Water is provided with at least 14 days’ written notice of his or her intention to do so.

(2) The notice contemplated in subsection (1) must state theproposed location and purpose for which the water is to beused.

(3) If water obtained from a borehole or other source ofsupply on any premises is used for a purpose which givesrise to the discharge of such water or a portion thereof intothe municipality’s sewerage system, the owner must install a meter to the municipality’s specification in the pipe leadingfrom such borehole or other source of supply to the point orpoints where it is so used.

(4) The council may, by public notice, require the owner ofany premises within any area of the municipality upon

Give 14 days notice to Director: Water

Install meter (if applicable)

Notify authorities of borehole if called upon to do so

Notice



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which a borehole exists or, if the owner is not in occupationof such premises, the occupier to notify it of the existence ofa borehole on such premises, and provide it with suchinformation about the borehole that it may require.

(5) The Director: Water, if he or she finds it necessary, mayrequire that a study be undertaken at the cost of the owner inorder to assess any impact the proposed well, wellpoint orborehole may have on the wellbeing of the community.

Undertake study if called upon to do so

21(19) Section 64 Supply of non-potable water by the municipality(1) The Director: Water may on application in terms ofsection 19 grant a supply of non-potable water to aconsumer and at such conditions as he or she may deem fit.

(2) Any supply of water granted in terms of subsection (1)may not be used for domestic or any other purposes which,in the opinion of the Director: Water, may give rise to ahealth hazard.

Prevent health hazards from arising

21(20) Section 66 Warning notices(1) An owner of premises, on which non-potable water isused, must ensure that every terminal water fitting and everyappliance which supplies or uses the water is clearly markedwith a weatherproof notice indicating that such water isunsuitable for domestic purposes.(2) In an area where treated sewage effluent is used, theconsumer shall erect weatherproof notices in prominentpositions warning that such water is not suitable fordomestic purposes.(3) Every warning notice prescribed in terms of subsections(1) and (2) must be in the three official languages used in theprovince.

Erect warning signs



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21(21) Schedule 2 Water Demand ManagementPlease refer to Schedule 2 for full details.Note especially item 17 thereof –annual Water Audit (ifusing more than 3650 kiloliters per annum)

Develop procedures to ensure compliance.If necessary perform annual Water Audit

Procedures

Annual Water Audit (ifapplicable)



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22. CITY OF CAPE TOWN –BY-LAW RELATING TO STORMWATER MANAGEMENT, PG 6300 OF 23 SEPTEMBER 200522(1) Section 1 Definitions Keep in mind22(2) Section 3 Prohibited discharges

No person may, except with the written consent of theCouncil and subject to any conditions it may impose,discharge, permit to enter or place anything other thanstormwater into the stormwater system.

Prevent prohibited discharges. Develop procedures andsafeguards.

Procedures

22(3) Section 4 Protection of stormwater systemNo person may, except with the written consent of theCouncil and subject to any condition it may impose-(a) damage, endanger, destroy or undertake any action

likely to damage, endanger or destroy, thestormwater system or the operation thereof;

(b) discharge from any place, or place onto anysurface, any substance other than stormwater,where that substance could reasonably be expectedto find its way into the stormwater system;

(c) discharge, permit to enter or place anything likelyto damage the stormwater system or interfere withthe operation thereof or contaminate or pollute thewater therein;

(d) construct or erect any structure or thing over or insuch a position or in such a manner so as tointerfere with or endanger the stormwater system orthe operation thereof; or

(e) make an opening into a stormwater pipe, canal orculvert; or

(f) drain, abstract or divert any water directly from thestormwater system; or

(g) fill, excavate, shape, landscape, open up or remove

Ensure compliance. Develop procedures and safeguards. Procedures



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the ground above, within, under or immediatelynext to any part of the stormwater system.

22(4) Section 5 Prevention of flood riskImposes duty on person not to do anything which impactscapacity of stormwater system to carry full load.

Ensure compliance. Develop procedures and safeguards. Procedures

22(5) Section 7 Water pollution incidentsIn the event of an incident contemplated in Section 3 orSection 4(b) and (c)-(a) the owner of the property on which the incident took

place, or is still in the process of taking place, or(b) the person responsible for the incident, if the

incident is not the result of natural causes,shall immediately report the incident to the council, and atown cost, take all reasonable measures which, in the opinionof the Council, will contain and minimise the effects of thepollution, by undertaking cleaning up procedures, includingthe rehabilitation of the environment, as required by theCouncil.

Report pollution incident (if it occurs). Take reasonablemeasures to contain and minimise pollution effects.Clean up and rehabilitate environment. Developprocedures governing the aforegoing.

Procedures

22(6) Section 11 Offences and penalties Ensure compliance.

23. CAPE TOWN MUNICIPALITY –SOLID WASTE BY-LAW, PN 127 OF 13 APRIL 198423(1) Section 1 Definitions Keep in mind23(2) Section 2 Containers

Council may require premises to be equipped with specifiedwaste containers.Containers are to be continuously kept closed. Ensure that waste is properly stored and that containers

are kept closed. Develop waste management procedures.

Procedures
