Legricon LUN Volume 13 - Issue 2

Legricon (Pty) Ltd 05 June 2017
Volume 13, Issue 2



Legricon Legal





Update Newsletter Inside this issue



OHSA - DMR Guidelines…………………...1
Occupational Health & Safety Act 85 of 1993 OHSA - PER Standards……………………...1
COIDA - Increases…………………………....2
COIDA - Classification of Industries….2
Guidelines for the Driven Machinery Regulations, 2015 COIDA - Rules, Forms & Info…………….2
EE Act - EE Plan….…………………………….3
The Department of Labour published Guidelines pertaining to the implementation of the Driven
NHA - Regulations…………………………….3
Machinery Regulations, 2015, as per Government Notice No. R.288 in Government Gazette No.
NWA - WC Water Supply System….....4
40734 of 31 March 2017.
NEM: BA - BMP: Endangered Species.4
These Guidelines consist of explanatory notes on the implications and application of the more im- NFA - Protected Woodland………………4
portant regulations of the Driven Machinery Regulations. The notes are meant to help and guide NEMA - Impact Assessment Regs……..5
suppliers, contractors, service providers, competent persons and users of driven machinery. NWA - License applications……………...5
The Driven Machinery Regulations were published on 24 June 2015 in Government Gazette NFA - List of Forests………………………….5
No.38905 with the aim of protecting employees against the dangers associated with the use of Driv- Agricultural Pests Act - Controls…...….6
en Machinery. Agricultural Pests Act - Regulations….6
National Heritage Act - Regulations….6
The aim of these guidance notes is to explain in simple language the provisions of the Driven Ma- NWA - Irrigation Regulations……………6
chinery Regulations and to stress the principle of self-regulation.
FFFARSRA - Registration Tariffs………..7
To download the Government Gazette containing the published guidelines, please visit NEM: AQA - Greenhouse Gas Report.7
www.gpwonline.co.za, or click here for quick download (refer to page 20 of GG 40734). PCMPA - CPD Policy………………………….8
EPA - ECSA Fees & Charges……………….8
EPA - Code of Conduct……………………..8
EPA - ECSA Appeals Procedure………...8
Safety at Events Regulations.…………...9
Breaking New: Construction Regs…….9
Coming next… (Draft Legislation)……10



Occupational Health & Safety Act 85 of 1993 SPECIAL POINTS OF INTEREST
Pressure Equipment, 2009 - Incorporation of Health & Safety This issue covers Government Gazettes
Standards from 01 February 2017 to 12 May 2017.

The Chief Inspector of the Department of Labour incorporated a new schedule of approved Health
The newsletter is intended to be an easily
and Safety Standards into the Pressure Equipment Regulations, 2009, as per Government Notice No. accessible resource of changes to occupa-
R.288 in Government Gazette No. 40713 of 24 May 2017. tional safety, health and environmental
(SHE) legislation that affects Legricon’s
After consultation with the Advisory Council for Occupational Health and Safety, the Chief Inspector
clients, and is not meant to constitute
amended the current schedule of standards in the Pressure Equipment Regulations, 2009, by replac- legal opinion or advice.
ing the current schedule with the new schedule as published in the Government Gazette referenced
above. The newsletter should also satisfy man-
agement system requirements such as
To download the Government Gazette containing the published guidelines, please visit
ISO 14001 and OHSAS 18001 that requires
www.gpwonline.co.za, or click here for quick download (refer to page 127 of GG 40713). management to be informed of the legal
milieu in which their businesses operate.

Whilst every effort has been made to ensure that the information published in this work is accurate, Legricon (Pty) Ltd and its employees take
no responsibility for any loss or damage suffered by any person as a result of the reliance upon the information therein.

Legricon retains copyright in this newsletter and breaches will be dealt with in accordance with copyright law.

Compensation for Occupational Injuries & Diseases
COIDA 130 of 1993 Act 130 of 1993
Classification of Industries
Increase in Salary Ceiling and Compensation Benefits
The Department of Labour pub-
lished the new Standard Rates per Increase of maximum amount of earnings on which the assessment
Earnings Schedule as per Govern- of an employer shall be calculated
ment Notice No. 216 in Govern-
The Minister of Labour increased the maxi- www.gpwonline.co.za or by clicking here
ment Gazette No. 40675 on 10
mum amount of earnings on which an assess- (refer to page 4).
March 2017..
ment of an employer shall be calculated to an
Download the Schedule contained amount of R 403 500 per annum with effect
in the Government Gazette at from 01 April 2017, as per Government Notice
www.gpwonline.co.za or by click- No. 349 in Government Gazette No. 40782 of
ing here (refer to page 4). 10 April 2017.

The special Government Gazette containing
the notice can be downloaded at


Increase in Monthly Pensions


The Minister of Labour published increased the can be downloaded at www.gpwonline.co.za or
monthly pensions payable in terms of the by clicking here (refer to page 5).
COIDA 130 of 1993 Compensation for Occupational Injuries and
Diseases Act and Workmen’s Compensation
Rules, forms and particu- Act with effect from 01 April 2017, as per Gov-
lars to be furnished ernment Notice No. 349 in Government Ga-
zette No. 40782 of 10 April 2017.
The Compensation Commissioner
The Schedule Pension Increase contained in
published a new arrangement in terms
of the Rates of Earnings Submissions the Government Gazette containing the notice
as per Government Notice No. 117 in
Government Gazette No. 40612 on 10 Amendments to the Schedule for Calculation of Compensation
February 2017.
In terms of Section 82(1)(3) of the Act, The Minister of Labour amended the schedule
The Return of Earnings shall be on for calculating compensation in terms of the
Form W.As. 8 [Annexure A] with the Compensation for Occupational Injuries and
particulars required therein, as the Diseases Act with effect from 01 April 2017, as
case maybe, and this form will not be per Government Notice No. 349 in Govern-
posted to registered employers and is ment Gazette No. 40782 of 10 April 2017..
obtainable from the Department of
Labour’s website (www.labour.gov.za). The Schedule 4, as amended, included in the
Government Gazette containing the notice can
Download the Notice containing the
be downloaded at www.gpwonline.co.za or by
amendment and relevant documenta-
clicking here (refer to page 6).
tion in the Government Gazette at
www.gpwonline.co.za or by clicking
here (refer to page 4).









2

Employment Equity Act 55 of 1998
Code of Good Practice on the Preparation, Implementa-
tion and Monitoring of the Employment Equity Plan



The Minister of Labour, as per Government Notice No. 424 in Government Gazette No.
40840 of 12 May 2017 (and Government Notice No. 393 in Government Gazette No. 40817
of 28 April 2017), replaced the Code of Good Practice on the Preparation, Implementation
and Monitoring of the Employment Equity Plan as was published under Government Notice
No. 1394 in Government Gazette No. 20626 of 23 November 1999.
The objective of this Code is to provide guidelines on good practice, in terms of the require- REMINDER:
ments of the Employment Equity Act, for the preparation, implementation and monitoring of The Six Basic Steps to
an employment equity plan (EE Plan). This Code is relevant to all employers that are regard- Legal Compliance:
ed as designated employers in terms of the Act, including those employers who choose to
1. Create Awareness - All
voluntarily comply. Designated employers and their employees should apply the guidelines
persons functioning at all
set out in this Code to prepare, implement and monitor their EE Plans, taking into account
levels in the business
the specific circumstances of their organizations.
should be made aware of
The Government Gazette containing details pertaining to the Code of Practice can be down- their legal duties, roles,
responsibilities and rights in
loaded at www.gpwonline.co.za or by clicking here (refer to page 105 of GG 40840).
relation to Occupational
Health and Safety and the
National Health Act 61 of 2003 Environment.
Regulations regarding the general control of Human Bodies, Tis- 2. Identification - Identify and
register all relevant legal
sue, Blood Products and Gametes requirements.
3. Implementation - Imple-
The Minister of Health published, as per Government Notice No. 392 in Government Gazette ment strategies to satisfy
No. 40816 on 26 April 2017, an amendment to the Regulations regarding the general control the requirements that have
of Human Bodies, Tissue, Blood Products and Gametes. been identified and record-
ed in the Legal Register,
This amendment pertained to Regulation 2 of the Regulations Regarding the General Control
and make it part of the day-
of Human Bodies, Tissue, Blood Products and Gametes, by substituting it with the following
to-day management activi-
Regulation:
ties of the company.
"Consent for the removal of tissue, gametes and blood from living persons - 4. Formalization - Formalised
systems are invaluable in
2. (1) A person may not remove tissue or gametes from the body of another living person
ensuring consistency and
for a purpose referred to in section 54 and regulation 3, unless written consent thereto
continuous compliance.
has been granted as follows:
5. Review Compliance Regu-
(a) When such person is older than 18 years, by that person; and larly - Internal Evaluations /
(b) where such person is younger than 18 years, by the parents or guardians of Audits, Cross-Departmental
that person; Audits / Peer Evaluations,
External Audits & Certifica-
(2) A person may not remove blood from the body of another living person for a pur-
tion.
pose referred to in section 54 and regulation 3 unless written consent thereto has
6. Remedial Action - Take
been granted by a person older than 16 years.
remedial action when there
To access the full details of the amendment, please download the Government Gazette at is non-compliance. Fix the
www.gpwonline.co.za, or alternatively click here for quick download (refer to page 4 of GG problem before it creates
40816). liability







3

National Environmental Management:
Biodiversity Act 10 of 2004
National Water Act 36 of
1998 Biodiversity Management Plan for 11 Critically Endangered and 4 Endan-
Breede-Gouritz and Berg- gered Encephalartors Cycad Species
Olifants Water Manage- The Minister of Environmental Affairs pub- Encephalartos aemulans (KZN) - CR
ment Areas lished the Biodiversity Management Plan for Encephalartos arenarius (EC) EN
11 critically endangered and 4 endangered Encephalartos cerinus (KZN) CR
The Director -General of the Depart-
encephalartors cycad species, as per General Encephalartos cupidus (LIM & MP) CR
ment of Water and Sanitation published
Notice No. 315 in Government Gazette No. Encephalartos dolomiticus (LIM) CR
a notice to limit the taking of water
40815 of 28 April 2017. Encephalartos dyerianus (LIM) CR
from the dams and rivers within the
Western Cape Water Supply System, as Encephalartos eugene-maraisii (LIM) EN
The Department of Environmental Affairs
per Government Notice No. 413 in Encephalartos heenanii (MP) CR
(DEA) requested the South African National
Government Gazette No. 40836 of 10 Encephalartos hirsutus (LIM) CR
Biodiversity Institute (SANBI) to develop, by 15
May 2017. Encephalartos horridus (EC) EN
January 2015, a generic Biodiversity Manage-
Encephalartos inopinus (LIM) CR
The taking of water from the WCWSS is ment Plan (BMP) for key Encephalartos spe-
limited as follows: cies. Encephalartos laevifolius (EC, KZN, LIM, MP)
CR
1. 20% curtailment on all domestic Strategic Environmental Focus (Pty) Ltd (SEF), Encephalartos lebomboensis (KZN & MMP) EN
and industrial water use. as independent environmental consultants Encephalartos middelburgensis (MP & GAU)
2. 30% curtailment on all agricultural and ecological specialists, was appointed by CR
water use. the SANBI to develop a generic BMP for 11
3. Applies from the 01 March 2017. Critically Endangered (CR) and 4 Endangered The full details pertaining to the Biodiversity
4. Water restrictions to be lifted (EN) Encephalartos species as well as specific Management Plan can be viewed by down-
should the dams recover to above details for each species. loading the relevant Government Gazette at
85% before November 2017. www.gpwonline.co.za, or download the Gov-
The following species have been included in
5. System's annual operating analysis ernment Gazette by clicking here (refer to
the Management Plan:
will be undertaken in November page 275 of GG 40815).
2017 to determine the next sea-
son's annual operating rules and
restrictions. “Earth provides enough to satisfy every man's needs, but not
every man's greed .”
Responsible Authorities must ensure
that all domestic users at least have - Mahatma Gandhi
access to basic water services and that
potable water supply to all domestic
water users is not completely restricted. National Forests Act 84 of 1998
Declaration of De-hoop as a protected woodland
The particulars relating to the re-
strictions can be downloaded from
www.gpwonline.co.za by searching for The Director: Forestry Regulation and Oversight The temporary protection in terms of this dec-
the Government Gazette Indicated declared Olifants River Water Resources Devel- laration will lapse automatically on 28 April
above, or directly by clicking here (refer opment Project Offsite Mitigation Area and 2018.
to page 4 of GG 40836). associated land as temporary protected wood-
As a result of this declaration, no person may:
land, as per Government Notice No. 385 in
Government Gazette No. 40815 of 28 April (a) cut, disturb, damage, destroy or remove
2017. any tree, including juvenile trees; or

Having noted the uncontrolled harvesting and (b) collect, remove, transport, purchase, sell
destruction of woodland trees and noting the or donate any tree (including branches and
conservation value of the area in question; the other parts of trees).
Director is of the opinion that urgent temporary
Specific details can be obtained by downloading
protection is necessary to preserve the conser-
the relevant Government Gazette at
vation value of this area pending the prepara-
www.gpwonline.co.za or by clicking here (refer
tions for its permanent protection.
to page 13 of GG 40815).
4

National Environmental Management Act 107 of 1998
Amendments of the Environmental Impact Assessment Regulations National Forests Act 84
of 1998
Amendments to the Regulations Declaration of a list of Nation-
al Forest Types as Natural
The Minister of Environmental Affairs, published amendments to the Environmental Impact Forests
Assessment Regulations in terms of Government Notice No. 326 in Government Gazette No.
40772 of 07 April 2017. The Minister of Agriculture, Forestry
Listing Notice 1 of 2014 and Fisheries declared certain natural
forest types as natural forests, as per
The Minister of Environmental Affairs, published amendments to the Environmental Impact the Schedule A contained in General
Assessment Regulations Listing Notice 1 in terms of Government Notice No. 327 in Government Notice No. 167 of 2017 in Government
Gazette No. 40772 of 07 April 2017. Gazette No. 40660 of 10 May 2017.
Listing Notice 2 of 2014 The effect of this declaration is that in
no person may:-
The Minister of Environmental Affairs, published amendments to the Environmental Impact
Assessment Regulations Listing Notice 2 in terms of Government Notice No. 325 in Government (a) cut, disturb, damage or destroy
any indigenous tree in a natural
Gazette No. 40772 of 07 April 2017.
forest ,or
Listing Notice 3 of 2014
(b) possess, collect, remove,
The Minister of Environmental Affairs, published amendments to the Environmental Impact transport, export, purchase, sell,
Assessment Regulations Listing Notice 3 in terms of Government Notice No. 324 in Government donate or in any other manner
Gazette No. 40772 of 07 April 2017. acquire or dispose of any tree, or
any forest product derived from a
To download the Government Gazette containing all the above indicated amendments, visit tree contemplated in paragraph
www.gpwonline.co.za or click here for direct download (refer to pages 57 to 318 of GG 40772). (a) except in terms of :-



“We should not forget that it will be just as important to our descendants to be prosperous in their

time as it is to us to be prosperous in our time.”

- Theodore Roosevelt

i. a license issued under sub-
National Water Act 36 of 1998 section (4) or section 23; or
Regulations regarding the procedural requirements for water use ii. an exemption from the pro-
license applications visions of this subsection
published by the Minister in
The Minister of Water and Sanitation, published Regulations regarding the procedural require- the Gazette on the advice of
ments for water use license applications in terms of Government Notice No. R.267 in Govern- the Council.
ment Gazette No. 40713 of 24 March 2017.
For more details pertaining to the spe-
The purpose of these Regulations is to prescribe the procedure and requirements for water use cific forests affected by this arrange-
license applications as contemplated in sections 41 of the Act; as well as an appeal in terms of ment, please download the Govern-
section 41(6) of the Act. ment Gazette from
www.gpwonline.co.za , or download it
The complete procedural arrangements and requirements can be obtained by downloading the directly by clicking here (refer to page
Government Gazette at www.gpwonline.co.za or click here for direct download (refer to page 159 of GG 40660).
141 of GG 40713).









5

Agricultural Pests Act 36 of 1983
National Heritage Re- Control Measures: Amendment
sources Act 25 of 1999
Regulations The Minister of Agriculture, Forestry and Fish- above is aimed at the fees payable to the De-
eries published amendments to the required partment for services delivered.
The South African Heritage Resources control measures in terms of agricultural
Agency published Regulations that pests, in terms of Government Notice No. The specific details of these amendments can
contain standards for conservation R.133 in Government Gazette No. 40622 of 17 be examined by downloading the Government
and maintenance of heritage re- Gazette at www.gpwonline.co.za or directly by
February 2017.
sources, as per General Notice No. clicking here (refer to page 11 of GG 40622).
218 in Government Gazette No. The majority of the amendments referenced
40691 of 17 March 2017.
The main objective of these Regula-
tions is to provide standards for Agricultural Pests Act 36 of 1983
conservation and maintenance of
heritage resources that are in control Regulations: Amendment
of State Departments and Supported
Bodies. The Minister of Agriculture, Forestry and Fisher- The specific details of these amendments can
ies published amendments to the Regulations be examined by downloading the Government
The Regulations prescribe require-
of the Agricultural Pests Act, in terms of Gov- Gazette at www.gpwonline.co.za or directly by
ments and procedures to be followed
ernment Notice No. R.134 in Government Ga- clicking here (refer to page 14 of GG 40622).
to measure the water taken from
water resources, including in- stream zette No. 40622 of 17 February 2017.
dams, by water users who are re- The majority of the amendments referenced
quired to measure the water that
above is aimed at the fees payable to the De-
they take for irrigation purposes.
partment for services delivered.
SAHRA is entrusted with a responsi-
bility as set out in the NHRA in rela-
tion to heritage resources. These
regulations are intended to clarify
how best State Departments and
Supported Bodies may support
SAHRA in mainly maintenance and
conservation of heritage resources
under their control.
These Regulations set out standards
and procedures for the maintenance National Water Act 36 of 1998
and conservation of heritage re- Regulations requiring that the taking of water for irrigation purposes be
sources.
measured, recorded and reported
Feel free to download the Govern-
ment Gazette from The Minister of Water and Sanitation published These Regulations apply to all taking of water
www.gpwonline.co.za, or directly by
Regulations requiring that the taking of water from a water resource for the purpose of irriga-
clicking here (refer to page 108 of GG
for irrigation purposes be measured, recorded tion where the water user is required to meas-
and reported, As per General Notice No. 131 in ure such water.
Government Gazette No. 40621 of 17 February
The specific details of the Regulations can be
2017.
examined by downloading the Government
The Regulations prescribe requirements and Gazette at www.gpwonline.co.za or directly by
procedures to be followed to measure the wa- clicking here (refer to page 228 of GG 40621).
ter taken from water resources, including in-
stream dams, by water users who are required
to measure the water that they take for irriga-
tion purposes.




6

Fertilizers, Farm Feeds, Agricultural Remedies and Stock
Remedies Act 36 of 1947
Regulations relating to tariffs for registration

The Minister for Agriculture, Forestry and Fisheries These Regulations relate to Fertilizer, Farm Feeds,
published Regulations relating to the tariffs for the Agricultural Remedies and Stock Remedies, Steriliz-
Registration of Fertilizers, Farm Feeds, Agricultural ing Plants and Pest Control Operators, Appeals,
Remedies and Stock Remedies, Sterilizing Plants Imports and other services tariffs
and Pest Control Operators, Appeals, Imports and
other services tariffs, in terms of Government No- Full particulars can be found in the indicated down-
loadable Government Gazette at
tice No. 310 in Government Gazette No. 40760 of
www.gpwonline.co.za or click here for direct down-
31 March 2017.
load (refer to page 4 of GG 40760).


“Farming looks mighty easy when your plough is a pencil
and you're a thousand miles from the corn field. ”
- Dwight D. Eisenhower



NEM: Air Quality Act 39 of 2004
National Greenhouse Gas Emission Reporting Regulations


The Minister of Environmental Affairs, published (UNFCCC) and instrument treaties to which it
the National Greenhouse Gas Emission Reporting is bound; and
Regulations, as per the schedule published in terms
(c) to inform the formulation and implementa-
of General Notice No. 275 in Government Gazette
No. 40762 of 03 April 2017. tion of legislation and policy.
These Regulations apply to the categories of emis-
The purpose of these Regulations is to introduce a
sion sources as listed in Annexure 1 to these Regu-
single national reporting system for the transparent
lations and a corresponding data provider as classi-
reporting of greenhouse gas emissions, which will
be used─ fied in regulation 4 of these Regulations.
The full details pertaining to these Regulations can
(a) to update and maintain a National Green-
be downloaded at www.gpwonline.co.za or by
house Gas Inventory;
clicking here (refer to page 4 in GG 40762).
(b) for the Republic of South Africa to meet its
reporting obligations under the United Frame-
work Convention on Climate Change






















7

Engineering Profes- Project and Construction Management Professions Act 48 of 2000
Commencement of the amended Continuing Professional Development
sion Act 46 of 2000
ECSA fees and charges (CPD) Policy

The Engineering Council of The South African Council for the Project and The approved Continuing Professional Devel-
South Africa (ECSA) published Construction Management Professions opment (CPD) policy can be downloaded at
(SACPCMP) announced the commencement www.sacpcmp.org.za.
Rules regarding the Applica-
and of the amended continuing Professional
tion, Annual and Appeal Fees, The Government Gazette con be downloaded
Development , as published per Board Notice
as per Board Notice No. 59 in at www.gpwonline.co.za or directly by clicking
No. 55 in Government Gazette No. 40785 of
Government Gazette No. here (refer to page 11 of GG 40622).
13 April 2017.
40820 of 28 April 2017.
The complete fee structure can Engineering Profession Act 46 of 2001
be download the Government
Gazette from Code of conduct for Registered Persons
www.gpwonline.co.za, or di-
The Engineering Council of South Africa pub- 5. encourage excellence within the engi-
rectly by clicking here (refer to
lished the Code of Conduct for Registered Per- neering profession; and
page 4 of GG 40820).
sons, as per Board Notice No. 41 in Govern-
6. do not prejudice public health and safe-
Engineering Profes- ment Gazette No. 40691 of 17 March 2017. ty.
sion Act 46 of 2000 The rules published in Board Notice 256 of
The purpose of this publication is to ensure
ECSA Appeals Procedure that Registered Persons, in the execution of 2013 are repealed by this newly published
their engineering work -
Code of Conduct, subject to section 12(2) of the
The Engineering Council of
1. apply their knowledge and skill in the Interpretation Act, 1957 (Act No. 33 of 1957).
South Africa (ECSA) published
interests of the public and the environ-
Rules regarding the Appeals The Code of conduct deals with matters re-
ment;
against decisions by the ECSA, lating to Ethics (which includes topics such as
2. execute their work with integrity and in Competency, Integrity, Public Interest, the Envi-
as per Board Notice No. 40 in
accordance with generally accepted ronment and Dignity of the Profession) and
Government Gazette No.
norms of professional conduct; Administrative Arrangements.
40691 of 17 March 2017.
3. respect the interests of the public and The full details pertaining to the Code of Con-
These newly published rules on
honour the standing of the profession; duct for Registered Persons can be retrieved
the Appeals against decisions
by downloading the Government Gazette at
of ECSA repealed the previous- 4. strive to improve their professional skills
www.gpwonline.co.za or directly by clicking
ly published rules as were pub- and those of their subordinates;
here (refer to page 142 of GG 40691).
lished in Board Notice 149 of
2009.
The Rules or Appeals Process “We shape our buildings, thereafter they shape us”
can be obtained from down-
loading the Government Ga- - Winston Churchill
zette at www.gpwonline.co.za,
or directly by clicking here
(refer to page 137 of GG
40691).
FREE ADVICE…
What should a HIRA tell you?


1. What can go wrong…
2. What will cause it to go wrong…
3. Who will be harmed…
4. How often will it go wrong…
5. What will the consequences be…
8 6. How likely is it to happen?
7. Are we willing to live with this situation?
8. What can we do about this?

Safety at Sports and Recreational Events Act, 2010
Safety at Sports and Recreational events Regulations, 2017

The Minister of Sport and Recreation published Annexure 4 - Local Authority New Stadium or
Regulations for Safety at Sports and Recreational Venue Design Safety Certificate
Events, in terms of Government Notice No. R.200 Annexure 5 - Application for a Certificate in re-
in Government Gazette No. 40661 of 12 March spect of an Alteration or Extension to a Stadium or
2017. Venue
The Regulations deal with matters relating to - Annexure 6 - Local Authority Certificate in respect
of Alteration or Extension to Stadium or Venue
1) Stadium or Venue Safety Certificates;
2) High Risk Event Grading Certificates; Annexure 7 - Application for a Certificate in re-
spect of a Temporary Alteration or Extension to a
3) Certification Requirements;
4) Criteria to qualify for stadium or venue Stadium or Venue
safety and grading certificates; Annexure 8 - Local Authority Approval of Altera-
5) New stadium or venue design safety certifi- tion or Extension of Existing Stadium or Venue by
cates; Erection of Temporary Structure
6) Approval for alterations;
7) Contents of safety certificate applications; Annexure 9 - Application for an Amendment or
Replacement of a Safety Certificate issued by a
8) Amendment to and replacement of safety
certificates; and Local Authority in terms of either sections 8, 9 or
9) Appeal procedure. 10 of the Act
Annexure 10 - Local Authority Approval of Applica-
Various Forms and Annexures have also been
tion for Amendment/Replacement of Safety Cer-
attached relating to the matter:
tificate issued in terms of sections 8, 9 or 10
Annexure 1 - Application for an Annual Existing Annexure 11 - Notification of an Appeal as con-
Stadium or Venue Safety Certificate addressed to templated in section 42 of the SASREA arising from
Local Authority any dispute arising in terms of the Act
Annexure 2 - Local Authority Annual Existing Stadi-
The specific details of the Regulation can be exam-
um or Venue Safety and Grading Certificate
ined by downloading the Government Gazette at
Annexure 3 - Application for a Certificate in re- www.gpwonline.co.za or directly by clicking here
spect of a New Stadium or Venue (refer to page 135 of GG 40661).


Occupational Health and Safety Act 85 of 1993
Construction Regulations, 2014 - Guidelines


The Minister of Labour published the long await- In our opinion, the most significant information
ed and anticipated Guidelines for the Construc- contained in the Guidelines are: -
tion Regulations, 2014, as per Government Notice
No. 489 in Government Gazette No. 40883 of 02 • The indication that the Construction Manag-
June 2017. er (Regulation 8(1) Appointee) can make all
statutory appointments in terms of the Act
The Guidelines, as published, aims to provide where applicable;
clarity in terms of specific requirements regarding
the practical application and implementation of • The division of three separate ‘responsible
the Construction Regulations, 2014. persons’ in terms Regulation 12(1) - in terms BREAKING NEWS
of Temporary Works Appointments; and
The Guidelines provide specific notes pertaining
to various issues, including (but not limited to):: - • The indication of SANS 10085 as the relevant
Standard for Scaffolding Operations.
 Specific definitions (e.g. Construction Work);
 The Construction Work Permit; • The specific details of the Regulation can be
 The Duties of the Client;
examined by downloading the Government
 The Duties of Designers; Gazette at www.gpwonline.co.za or directly
 Multiple Contractors appointed by the PC;
by clicking here (refer to page 64 of GG
 The Construction Manager;
 Temporary Works; 40883).
 Scaffolding;



9

Coming next… (Draft Legislation)

Legricon (Pty) Ltd The following draft or proposed legislation was published:
 National Water Act (NWA) – Proposed reserve determination of water resources for the Olifants-
Legricon offers a wide range of con-
Doorn Catchments
sulting, auditing, and training services
 National Environmental Management Act (NEMA) – Procedure to be followed in applying for
to assist employers in achieving and
environmental authorisation for large scale wind and solar photovoltaic development activities
maintaining legal compliance, with  NEMA – Gauteng Provincial Environmental Management Framework (GPEMF) Standards
specific focus on occupational safety,
 Foodstuffs, Cosmetics and Disinfectants Act (FCDA) – Maximum limits for pesticide residues
health, and environmental (SHE)
 National Environmental Management Laws Amendment Bill, 2017
management.
 Draft National Biodiversity Offset Policy in terms of the NEMA
Legal compliance is necessitated by
 NEM: Waste Act – Industry Waste Tyre Management Plan
legal risks associated with non-
 Skills Development Act (SDA) - Workplace Based Learning Programmes Agreement Regula-
compliance, as well as formalized
tions
management system frameworks and
 NEM:WA - National norms and standards for sorting, shredding, grinding, crushing, screening or
guidelines such as the Corporate bailing of general waste
Governance codes, ISO 14001, and  NEM:WA - Amendment of the list of waste management activities
OSHAS 18001.
 NEMA - Coastal Waters Discharge Permit Regulations
Legricon offers competitive pricing,  Comprehensive Maritime Transport Policy, 2017 (Maritime Zones Act 15 of 1994, Merchant
specialist experience, and customer Shipping Act 57 of 1951, National Ports Act 12 of 2005 and other legislation)
focused quality.  NEM: Integrated Coastal Management Act - Reclamation of Land from Coastal Waters Regula-
tions
 Draft Ballast Water Management Bill, 2017.
 OHSA: Driven Machinery Regulations, 2015 - Incorporation of the Code of Practice for Zip Lines
 NEM: Biodiversity Act - Proposed amendment of the invasive species list and proposed listing of
species
 NEM: Protected Areas Act - Cultural Heritage Survey Guidelines and Assessment Tools for
Protected Areas
 Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act - Proposed amend-
ments to the Regulations relating to the tariffs for the registration of products
CONTACT LEGRICON AT:  Construction Industry Development Board Act (38/2000): CIDB Project Assessment Scheme:
Legricon (Pty) Ltd Standard for Contract
729 Paarl Street  Participation Goals for Targeting Enterprises and Labour through Construction Works Contracts:
Wingate Park Draft for Public Comment
Pretoria  PROVINCIAL MPUMALANGA: Ehlanzeni District Municipality: Draft Municipal Health Services
0181 By-laws 2016 published

Phone: 012 345 2388
Fax: 086 513 8295
Email: [email protected];
[email protected];
[email protected]












Legal Update Newsletter
Volume 13, Issue 2
05 June 2017