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Good
News!
Import duties on paper remain the same. PAMSA's duty review
application unsuccessful.
"PIFSA's ongoing efforts to keep paper prices as low as possible on
behalf of our members, have paid off. PAMSA's duty review
application to ITAC was unsuccessful and was dismissed with costs. A
copy of the judgement is available upon request from
ekuhl@pifsa.org. Should PAMSA appeal, our
attorneys will advise us, which will be communicated to all members.
In
lay terms, this means that the import duties on paper will not
revert to what they were prior to the ITAC report No 151 in 2005,
unless an appeal reverses the current ruling."
Air
Emissions - Printing as Listed Activity
PIFSA,
PACSA and the PCA made a joint submission to the Department of the
Environment in response to Notice1001 published in Government
Gazette 32434on the 24 July 2009
We
have received notification from our attorneys Garlicke & Bousfield
that according to the department the envisaged date of 11 September
2009 for the balance of the National Environmental Management : Air
Quality Act (NEM :AQA) to come into operation and for the repeal of
APPA will not be achieved and this will now only take place at a
later stage.
In
summary this means that the printing emission standards have not yet
commenced, nor is printing regarded as a listed activity. Once APPA
is repealed this may change (with the promulgation of s 21 of
NEM:AQA) and we will have to monitor developments. There will be
increased enforcement in regard to water issues and air related
issues and companies should have an EMI inspection place and
know their rights and obligations.
The
National Environment Laws Amendment Act 44 of 2008 however did come
into operation on the 11 September 2009. This means the following
:
1.
The 72 Scheduled list of activities will continue to be applicable
and there are no specific emission standards in respect of each of
those listed activities (other than what is set out in the
registration certificates); i.e the current position remains
2.
Whether a provisional or final APPA registration certificate is
valid during the transitional period stipulated in section 61 of NEM:
AQA seems to depend on the relevant facts of that certificate - (in
the context of the interpretation of section 61 of NEM : AQA and the
expiry date of either a provisional or final certificate)
3. In
terms of the National Environment Laws Amendment Act 44 of 2008
APPA ,the NEM:AQA and the National Water Act 36 of 1998 are now
regarded as 'specific environmental management acts ' in terms of
NEMA which means that these acts may be enforced by environmental
management inspectors (EMI's) who have various general powers
including questioning persons, undertaking inspections and sampling,
requiring production of documents, seizure and the issue of
compliance notices, etc.
4.
The National Environment Laws Amendment Act also amends section 31 H
of NEMA which provides EMI's with additional powers including those
assigned to peace officers as well as non-commissioned police
officers.
5.
Section 31N of NEMA has also been amended by the addition of
subsection 3 which establishes the fine (an amount not exceeding
five million Rand) and/or the term of imprisonment
(a period not exceeding 120 years) for a person convicted of a
failure to comply with a compliance notice. |
