Weekly Advocacy Alert 16 2023

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ENVIRONMENTAL MANAGEMENT

01

Department of Forestry, Fisheries and the Environment

National Environmental Management: Act

Draft Norms:

  • Norm for the exclusion of the development and expansion of solar photovoltaic facilities in areas of low or medium environmental sensitivity
  • Norm for the exclusion of identified activities associated with the development and expansion of battery storage facilities in areas of low or medium environmental sensitivity

Summary of Intent
Section 24(2)(c-e) provides for the Minister, or Member of the Executive Council in concurrence with the Minister, to identify activities and geographical areas within which identified activities may be excluded from the requirement to obtain environmental authorisation. Section 24(2)(d) specifically provides for exclusions based on compliance with prescribed norms and standards, the development of which is provided for in Section 24(10) of the Act.
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AIR QUALITY MANAGEMENT

02

Department of Forestry, Fisheries and the Environment

National Environmental Management: Air Quality Act

Draft Priority Area Air Quality Management Plans Regulations
Proposed amendments to Section 21 Listed Activities
Proposed Dust Control Regulations Amendment

Summary of Intent
CAIA has previously alerted members, including its Air Quality Work Group and associated Task Teams and the Advocacy Committee, to the draft Priority Area Air Quality Management Plans Regulations as well as the proposed amendments to Section 21 Listed Activities. CAIA has engaged with Work Group and Task Team members and continues to develop submissions to the Department on these matters. Please note that further engagements will be held in this regard, and that CAIA has been provided with more time to submit input due to the newspaper advertisement notifying the public of the draft Regulations not yet being published as of last week.
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ENERGY

03

Department of Trade, Industry and Competition

Trade and Industrial Policy Strategies

Development Dialogue: Loadshedding and the implications for industrial policy – how to make the economy more resilient

Summary of Intent
A Development Dialogue will take place on 24 April 2023, from 11h30 – 13h00 in Pretoria, and online. Presentations will include:

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04

National Energy Crisis Committee (NECOM)

National Demand Side Management Indaba: Collaborating to reduce the impact of loadshedding

Summary of Intent
On 24 April 2023, NECOM will host a technical discussion on managing electricity demand. The in-person Indaba in Gauteng will focus on collaborating with diverse role-players through robust discussion, the sharing of international experiences and case studies on demand side management, energy efficiency, and demand response that will lead to collective proposals and solutions on electricity demand to assist with securing consistent supply in the short-, medium- and long-term.

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05

Department of Mineral Resources and Energy

Nuclear Energy Act

Amendment of notice declaring certain substances, materials and equipment as restricted material, source material, special nuclear material and nuclear related equipment and material

Summary of Intent
The Minister has amended the notice in terms of Section 2(a) and (f) of the Act that in effect limits the declaration of “nuclear grade graphite” to only when used in a nuclear reactor referred to in paragraph 1 of Category B.

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06

Parliament

National Assembly

Department of Mineral Resources and Energy

Electricity Regulation Amendment Bill

Summary of Intent
Members were alerted to progress with the development of the Electricity Regulation Amendment Bill in weekly Advocacy Alerts 7, 15, 45/2022 and 13/2023.

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07

Department of Mineral Resources and Energy

National Energy Regulator of South Africa (NERSA)

Public hearing: NERSA’s concurrence with 3800MW ministerial determinations from various programmes

Summary of Intent
On 15 February 2023, NERSA published three consultation papers on the concurrence with the ministerial determinations for the procurement of 3800MW new generation capacity from the 1000MW Cross-border Procurement Programme; 2000MW from the Load Shedding Reduction Programme; and 800MW from the Emergency Generation Procurement Programme. NERSA has now invited stakeholders to attend the public hearing on its concurrence with the three ministerial determinations. The public hearing will be held virtually on 19 May 2023, from 14h30 - 17h00.

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CHEMICALS MANAGEMENT

08

Department of Forestry, Fisheries and the Environment

National Environmental Management Act

Updated lists of substances for control by the Stockholm Convention on Persistent Organic Pollutants

Summary of Intent
The Stockholm Convention published the following indicative lists of substances that are covered:

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BORDER MANAGEMENT

09

Department of Home Affairs

Draft: One Stop Border Post Bill, 2022

Summary of Intent
The Department has invited comments on the draft Bill that has been introduced into the National Assembly for consideration. The Bill seeks to:

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WATER

10

Department of Water and Sanitation

National Water Act

uMkhomazi Water Project Phase 1: Proposal and Environmental Impact Assessment (EIA) stakeholder invitation

Summary of Intent
The Minister intends to construct a government water works; the raw water component of the uMkhomazi Water Project Phase 1. In terms of Section 110(1)(b)(iii) of the Act, interested parties are invited to submit written input on the proposal and the EIA, by 30 September 2023.

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11

CAIA

Business Unity South Africa (BUSA)

Department of Water and Sanitation (DWS)

Water Use Licensing challenges

Summary of Intent
As the BUSA DWS Task Team on Water Use Licensing gains momentum towards its first official meeting under the Terms of Reference that is to be finalised, CAIA reminds members of the opportunity to submit any challenges that are being experienced, for further discussion with CAIA. Following discussion, it will first be agreed with members if the challenge can be raised at the Task Team, of which CAIA is a member.

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12

CAIA

Business Unity South Africa (BUSA)

Department of Water and Sanitation

Draft National Pricing Strategy for Raw Water Use Charges: Strategic water use by the chemical industry

Summary of Intent
Yesterday, CAIA and BUSA engaged with the Department on the high-level outcomes of input that was provided on the draft Pricing Strategy. The CAIA Water Work Group contributed to CAIA’s comments that were submitted which was followed by a bilateral engagement with the Department on further aspects that required clarification, such as the link with municipalities; the quantum/calculation of charges and their potential impacts on industry; the Waste Discharge Charge System; and the potential for the chemical industry to be viewed as a strategic water user.

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AGRICULTURE

13

Department of Agriculture, Land Reform and Rural Development

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act

Amendment: Regulations relating to the tariffs for the registration of fertilizers, farm feeds, agricultural remedies, stock remedies, sterilizing plants and pest control operators, appeals and imports

Summary of Intent
The Department has published revised tariffs in the Government Gazette, for implementation from 1 April 2023.

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STANDARDS

14

Department of Trade, Industry and Competition

Standards Act

Standards Matters

Summary of Intent
A notice that is available from CAIA sets out standards that have recently been issued, those released for comment or amended or cancelled.

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HEALTH

15

Department of Health

Foodstuffs, Cosmetics and Disinfectants Act

Draft: Regulations relating to the labelling and advertising of foodstuffs

Summary of Intent
The Minister has published the draft Regulations for a three-month comment period. The intended Regulations cover general provisions; special provisions; definitions; general information on front of package labels; health and nutritional claims; nutrition claims; health claims; exemptions; repeals; commencement and Annexures.

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POLITICS

16

Private Member’s Bill

Draft Local Government: Municipal Structures Amendment Bill

Summary of Intent
A Member of Parliament intends to introduce the Bill in Parliament. The Bill will reportedly deal with, inter alia, inserting an electoral threshold. The following is an excerpt from the draft:

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TAXATION AND INCENTIVES

17

National Treasury

South African Revenue Service

What’s New

Summary of Intent
CAIA reviews the South African Revenue Service’s “What’s New” webpage on a weekly basis to provide members with information it considers to be most relevant and important to be aware of. The webpage is updated daily, and members are encouraged to visit it regularly for alerts regarding a variety of related matters.

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18

CAIA

Department of Science and Innovation

National Treasury

Income Tax Act

Research and Development Tax Incentive

Summary of Intent
The Section 11D Research and Development Incentive was introduced into the Act in 2006 to replace the previous research and development rule that existed in terms of Section 11B of the Act. Section 11D allows:

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ECONOMICS

19

Business Unity South Africa (BUSA)

Economic Week Ahead

Summary of Intent
BUSA provides a weekly Economic Week Ahead forecast, as well as commentary.

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20

Business Unity South Africa (BUSA)

Weekly Economic Briefing

Summary of Intent
BUSA provides a weekly Economic Briefing report that covers economic matters in South Africa, the rest of Africa as well as internationally.

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21

Business Unity South Africa (BUSA)

Quarterly Bulletin: First Quarter 2023

Summary of Intent
BUSA provides a Quarterly Bulletin that covers the following topics, amongst others:

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22

DevelopmentAid Webinar

Webinar: Doing business with the African Development Bank (AfDB): Latest updates on Procurement Policy

Summary of Intent
DevelopmentAid, in collaboration with AfDB, has invited suppliers, contractors, and consultants interested in discovering business collaboration opportunities with the Bank to join a webinar taking place on 4 May 2023, from 16h00 – 17h00.

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