ADOPTION OF DANGEROUS GOODS STANDARD, 2016
Title: Activities identified in terms of section 24(2) that may be excluded from the requirement to obtain an environmental authorisation but that must comply with the Dangerous Goods Standard, 2016 and National Environmental Management Act (107/1998): Adoption of Dangerous Goods Standard, 2016
Government Gazette Notice: GN 891 and 892 in GG 40188 of 5 August 2016
Commencing date: Not yet specified
The purpose of these Notices is to identify activities in terms of the National Environmental Management Act 107 of 1998 (NEMA), that may be excluded from the requirement to obtain an environmental authorisation, but that must comply with the Dangerous Goods Standard, 2016. The activities are as follow:
GN R983, Activity 14: The development of facilities or infrastructure, for the storage, or for the storage and handling, of a dangerous good, where such storage occurs in containers with a combined capacity of 80 cubic metres or more but not exceeding 500 cubic metres.
GN R983, Activity 51: The expansion of facilities for the storage, or storage and handling, of a dangerous good, where the capacity of such storage facility will be expanded by more than 80 cubic metres.
This exclusion may be applicable insofar as these activities relate to:
- the development of facilities or infrastructure for the storage, or storage and handling, of a dangerous good, where such storage occurs in containers with a combined capacity of 80 cubic metres or more but not exceeding 500 cubic metres;
- expansion of facilities or infrastructure for the storage, or storage and handling, of a dangerous good, where the capacity of such storage facility will be expanded by more than 80 cubic metres but where the combined capacity of such storage facility will not exceed 500 cubic metres; and
- phased activities related to facilities or infrastructure contemplated in the Dangerous Goods Standard; and are undertaken in compliance with the Dangerous Goods Standard, 2016.
The Minister of Environmental Affairs further gave notice of her intention to adopt the Dangerous Goods Standard, 2016. If this Standard is adopted, it will serve as guidance pertaining to the handling of dangerous goods. The following aspects are addressed in this standard:
- Notification, registration and commencement;
- Specifications and applicability of SANS;
- Audit requirements;
- Competent authority inspections; and
- Offences and penalties.
Any inquiries in connection with the notice can be directed to Ms Chantal Engelbrecht at 012 399 9288. Interested and affected parties are invited to submit within 30 days of the publication of this notice in the Gazette, written representations or objections to this notice to the address specified in the notice.
So what for my operation?
It is important for your organisation take note of this Standard, and implement same, once adopted, to ensure compliance to legal requirements, and also to know when your organisation may obtain exclusion from the requirement to obtain an environmental authorisation for specific activities involving specific substances.
If you obtained an environmental authorisation in the past for the above mentioned activities, an assessment will have to be completed to determine whether you can comply with the Standard. If yes, a registration must be successfully processed in terms of the Standard. Then, such registration will replace the environmental authorisation. These registrations will also not be transferable.
Non-compliance with the Dangerous Goods Standards may result in a fine not exceeding R10 million or imprisonment for a period not exceeding 10 years, or to both such fine and imprisonment.
