NATIONAL FORESTS AMENDMENT ACT

• The National Forests Amendment Act, 2022, came into force by presidential proclamation in the Government Gazette – among other things strengthening measures already in place to:

• promote and enforce sustainable forest management
• control and remedy deforestation, and to
• provide for appeals against decisions taken under delegated powers and duties.

• More than two years have passed since the Act joined the statute books. During that time, draft amendment regulations on the appeals process were released for public comment, revised and reissued with a request for more input. It is not clear if they have been finalised.

 

BILLS SIGNED INTO LAW

• The Presidency issued media statements announcing that three more Bills have been signed into law, although at the time of writing the new Acts had not yet been gazetted:

• 2022 Deeds Registries Amendment Bill (media statement), noting that:
  • the Act’s overarching objective is to enhance the administration and registration of deeds
  • once published most of the Act’s provisions will immediately become effective, and that
  • the commencement of certain sub-sections may be separately proclaimed
    • • the 2021 Railway Safety Bill (media statement), noting that once operationalised the new Act is expected to improve freight and passenger safety, among other things by:

• assigning the management and implementation of safety measures to the operators themselves, thus
• enabling the rail safety regulator to focus on promoting safety and monitoring compliance, and

• the 2020 National Road Traffic Amendment Bill (media statement), noting that once operationalised the new Act is expected to facilitate the effective implementation of interventions highlighted in the 2016-2030 National Road Safety Strategy and address practical challenges, among other things by:

• providing for the registration and licensing of number plate importers and manufacturers, and
• regulating the registration and grading of applicants as driving school instructors.

 

WASTE MANAGEMENT

• The Department of Forestry, Fisheries and the Environment gazetted and called for public comments on draft amendments to environmental impact assessment regulations affecting the management and reclamation of mine residue deposits and stockpiles. Once in force, the changes proposed will ‘have the effect of re-characterising residue deposits and … stockpiles as a resource rather than … waste’ – with implications for the reclamation and expansion of historical mine dumps. This is noting:

• related draft amendments to the list of potentially environmentally detrimental waste management activities gazetted in February 2024 for comment, and
• yet-to-be commenced provisions in the 2022 Environment Management Laws Amendment Act transferring residue deposit and stockpile management and reclamation from the 2008 National Environmental Management: Waste Act to the 1998 National Environmental Management Act.

 

Prepared by Pam Saxby