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Warburton Attorneys Monthly Safety, Health & Environmental (She) Legislation Update – January 2019

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Warburton Attorneys Monthly Safety, Health & Environmental (She) Legislation Update – January 2019

6th February 2019

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SECTION A: ENVIRONMENTAL (NATIONAL)

NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT 59 OF 2008:

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Regulations Regarding the Control of the Import or Export of Waste. The Regulations will come into operation on a date fixed by the Minister by proclamation in the gazette. Published in GG 42175 Notice Number 22 dated 21 January 2019.

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004

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National Greenhouse Gas Emission Reporting Regulations: Notice of procedure to be followed by Category A data providers for Registration and Reporting as a Category A Data Provider. Published in GG 42203 Notice Number 71 dated 1 February 2019.

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT 57 OF 2003

Declaration of Land to be part of Table Mountain National Park. Published in GG 42185 Notice Number 3 dated 25 January 2019.

NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998

Amended: 3rd Edition Environmental Implementation Plan (EIP) 2015-2020 for the Department of Transport. Published in GG 42203 Notice Number 56 dated 1 February 2019.

BROAD-BASED ECONOMIC EMPOWERMENT ACT 53 OF 2003

Memorandum of Understanding between Broad-Based Black Economic Empowerment Commission and a Provincial Department of Economic Development, Tourism and Environmental Affairs. Published in GG 42152 Notice Number 5 dated 11 January 2019.

NATIONAL WATER ACT 36 OF 1998

Call for nominations for appointments to the Water Tribunal. Published in GG 42185 Notice Number 60 dated 25 January 2019.

Limpopo Provincial Operations: Limiting of the use of water for irrigation, urban, industrial and mining purposes from the Polokwane Water Supply System, Mutshedzi, Nzhelele, Nwanedi and Luphephe, Albasini, Middle Letaba, Nsami, Midjadji, Tzaneen, Doornbraai and Glen Alpine Sub-System/Dams. GG 42203 Notice Number 96 dated 1 February 2019.

Caledon Modder Subsystem: Limiting the use of water for urban and Irrigation purposes from the dams within the Caledon-Modder Subsystem. Published in GG 42203 Notice Number 95 dated 1 February 2019.

TAXATION LAWS AMENDMENT ACT 23 OF 2018

This Amendment Act amends the following Acts (published in GG 47172 Notice Number 19 dated 18 January 2019):

Diamond Export Levy Act 15 of 2007;

Mineral and Petroleum Resources Royalty Act 28 of 2008.

STATISTICS SOUTH AFRICA

Consumer Price Index (CPI) for November 2018. Published in GG 42203 Notice Number 52 dated 1 February 2019.

SECTION B: SAFETY AND HEALTH (NATIONAL)

OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993

Driven Machinery Regulations, 2015 - notice of withdrawal of certificates (without expiry dates) issued to training providers.  Published in GG 42163 Notice Number 12 dated 18 January 2019.

NATIONAL HEALTH ACT 61 OF 2003

Procedural Regulations pertaining to the Functioning of the Office of Health Standards Compliance and Handling of Complaints by the OMBUD: Code of Conduct for Inspectors. Published in GG 42162 Notice Number 11 dated 18 January 2019.

MEDICINES AND RELATED SUBSTANCES ACT 101 OF 1965

Regulations relating to a Transparent Pricing System for Medicines and Scheduled Substances. Published in GG 42183 Notice Number 27 dated 23 January 2019.

Regulations relating to a Transparent Pricing System for Medicines and Scheduled Substances: Dispensing fee for pharmacies. Published in GG 42183 Notice Number 28 dated 23 January 2019.

Annual Single Exit Price Adjustment (SEPA) of medicines and scheduled substances for the year 2019. Published in GG 42183 Notice Number 29 dated 23 January 2019.

LABOUR RELATIONS ACT 66 OF 1995

Amendments of Regulations: CCMA Forms. Published in GG 42178 Notice Number 24 dated 22 January 2019.

ANIMAL DISEASES ACT 35 OF 1984

Control measures relating to foot and mouth disease in certain areas. Published in GG 42208 Notice Number 67 dated 1 February 2019.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL

(Draft National Legislation and Regulations)

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT 57 OF 2003

Intention to de-proclaim the Nyl Valley Nature Reserve in the Limpopo Province. Members of the public are hereby invited to submit written comments within 30 days of publication of this notice.  Published in GG 42203 Notice Number 70 and Notice Number 69 dated 1 February 2019.

FERTILIZER, FARM FEEDS, AGRICULTURAL REMEDIES AND STOCK REMEDIES ACT 36 OF 1947

Proposed amendment to the 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. Members of the public are hereby invited to submit written comments within 30 days of publication of this notice. Published in GG 42203 Notice Number 68 dated 1 February 2019.  

STANDARDS ACT 8 OF 2008

Draft standards issued for public comment, proposed amendments to existing SANS codes for public comment, issuance of new standards, amendment of current standards and withdrawn standards. Published in GG 42146 Notice Number 4 dated 4 January 2019 and in GG 42208 Notice Number 55 and dated 1 February 2019.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL

(Provincial Legislation and Municipal By-Laws)

WESTERN CAPE PROVINCE

Saldanha Bay Municipality: Extension of a local state of disaster due to the continuing drought. Published in PG 8028 dated 11 January 2019.

City of Cape Town Metropolitan Municipality: Extension of a Local State of Disaster as a result of a devastating fire. Published in PG 8031 dated 25 January 2019.

City of Cape Town Metropolitan Municipality: Extension of a Local State of Disaster as a result of drought conditions. Published in PG 8031 dated 25 January 2019.

City of Cape Town Metropolitan Municipality: Recreational Water-Use By-Law. Published in PG 8033 dated 29 January 2019.

EASTERN CAPE PROVINCE

Disaster Management Act 57 of 2002: Extension of local state of disaster declaration in the Kouga Local Municipality. Published in PG 4170 Notice Number 8 dated 14 January 2019.

KWAZULU-NATAL PROVINCE

National Environmental Management: Protected Area Act 57 of 2003: Clarification of nature reserve boundaries and confirmation of assignment of Ezemvelo KZN Wildlife as the Management Authority. Published in PG 2035 Notice Number 1 dated 17 January 2019.

Kwazulu Cemeteries and Crematoria Act 12 of 1996: Ray Nkonyeni Municipality: Cemeteries and Crematoria By-law, 2018. Published in PG 2036 Notice Number 3 dated 24 January 2019.

Kwazulu-Natal Amafa and Research Institute Act, 2018: Nominations of persons to be appointed to the Kwazulu-Natal Amafa and Research Institute Council. Published in PG 2037 Notice Number 3 dated 31 January 2019.

GAUTENG PROVINCE

City of Johannesburg Metropolitan Municipality Land Use Scheme, 2018. Published in PG 1 Notice Number 5 dated 2 January 2019.

NORTH WESTERN PROVINCE

Naledi Local Municipality: Waste Management By-Law. Published in PG 7968 Notice Number 4 dated 22 January 2019.

Naledi Local Municipality: Advertising Signs By-Law. Published in PG 7968 Notice Number 5 dated 22 January 2019.

LIMPOPO PROVINCE

National Environmental Management: Biodiversity Act 10 of 2004: Determination of Bioregions and Publication of Bioregional Plans for the Waterberg District Municipality and the Mopani District Municipality. Published in PG 2966 Notice Number 1 dated 4 January 2019.

National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the attached land parcels as Protected Environment in terms of the Act. Published in PG 2968 Notice Number 4 dated 25 January 2019.

Spatial Planning and Land Use Management Act 16 of 2013: Adoption of the Ephraim Mogale Local Municipality Spatial Development Framework, 2019. Published in PG 2969 Notice Number 7 dated 2 January 2019.

Spatial Planning and Land Use Management Act 16 of 2013: Adoption of the Ephraim Mogale Local Municipality Single Land Use Scheme, 2019. Published in PG 2969 Notice Number 8 dated 2 January 2019.

MPUMALANGA PROVINCE

National Environmental Management: Protected Areas Act 57 of 2003: Amended notice to withdraw intention to exclude an area as part of an existing Mabola Protected Environment. Published in PG 3005 Notice Number 11 dated 25 January 2019.

SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL

(Draft Provincial Legislation and Municipal By-Laws)

NORTH WEST PROVINCE

Spatial Planning and Land Use Management Act 16 2013: Dr. Kenneth Kaunda District Municipality: Draft Spatial Development Framework. Interested parties are invited to register within 60 days after publication of this notice. Published in PG 7964 Notice Number 1 dated 8 January 2019.

WESTERN CAPE PROVINCE

Langeberg Municipality: Proposed amendments to the Langeberg Spatial Development Framework, 2018. Members of the public are invited to submit written comments within 60 days of the publication of this notice. Published in PG 8035 dated 1 February 2019.  

LIMPOPO PROVINCE

Spatial Development Framework Review Document: 2018/19 Financial Year for the Elias Motsoaledi Local Municipality. Members of the public are invited to submit written comments within 60 days of the publication of this notice. Published in PG 2967 Notice Number 3 dated 18 January 2019 and in PG 2968 Notice Number 3 dated 25 January 2019.

MPUMALANGA PROVINCE

Spatial Planning and Land Use Management Act 16 of 2013: Publication of the Proposed Provincial Spatial Development Framework. Members of the public are invited to submit written comments within 60 days of the publication of this notice. Published in PG 3008 Notice Number 13 dated 1 February 2019.

PART TWO: PARLIAMENTARY MONITORING

This information was accessed through the Parliamentary Monitoring Group at www.pmg.org.za

BILLS BEFORE PARLIAMENT (as of 4 FEBRUARY 2019)

Carbon Tax Bill (B46 of 2018)

National Health Amendment Bill (B29 of 2018)

Aquaculture Development Bill (B22 of 2018)

Local Government: Municipal Structures Amendment Bill (B19 of 2018)

South African National Roads Agency Limited and National Roads Amendment Bill (B20 of 2017)

National Environmental Management Laws Amendment Bill (B14 of 2017)

The Select Committee on Mineral Resources has requested for public comments on this Bill. Written comments must be submitted before 25 February 2019.

National Forests Amendment Bill (B11 of 2016)

The Select Committee on Mineral Resources has requested for public comments on this Bill. Written comments must be submitted before 25 February 2019.

National Land Transport Amendment Bill (B7 of 2016)

Mineral and Petroleum Resources Development Amendment Bill (B27 – 2013)

BILLS BEFORE THE PRESIDENT (as of 4 FEBRUARY 2019)

Marine Spatial Planning Bill (B9 of 2017)

Plant Improvement Bill (B8 of 2015)

Plant Breeders Rights Bill (B11 of 2015)

This Legal Brief should not be regarded a comprehensive discussion of the topics addressed and, in particular, should not be taken as legal advice or relied upon. For further information please contact: lulu@warburtons.co.za

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