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Warburton Attorneys Monthly Sustainability Legislation, Regulation and Parliamentary Update - December 2017

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Warburton Attorneys Monthly Sustainability Legislation, Regulation and Parliamentary Update - December 2017

10th January 2018

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management: Waste Act 59 of 2008

1. Call on the Paper Packaging Industry, Electrical Industry and the Lighting Industry to prepare and submit waste management plans to the Minister for approval. Published in GG 41303 Notice Number 1353 dated 6 December 2017.

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National Water Act 36 of 1998

2. Limiting the use of water in terms of the Act for irrigation, industrial and domestic purposes in the Pongola-Mzimkhulu Water Management Area. Published in GG 41315 Notice Number 1393 dated 11 December 2017.

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3. Limiting the use of water in terms of the Act for urban, irrigation and industrial purposes in the Breede-Gouritz and Berg-Olifants Water Management Areas. Published in GG 41317 Notice Number 1394 dated 12 December 2017.

4. Classes of Water Resources and Resource Quality Objectives for the catchments of the Mvoti to Umzimkulu. Published in GG 41396 Notice Number 1386 dated 8 December 2017.

Marine Living Resources Act 18 of 1998

5. Exemption in terms of section 81 of the Act to operate a Commercial Fish Processing Establishment without a right granted in terms of section 18. Published in GG 41321 Notice Number 1395 dated 15 December 2017.

National Environmental Management: Protected Areas Act 57 of 2003

6. Cultural Heritage Survey Guidelines and Assessment Tools for Protected Areas in South Africa. Published in GG 41306 Notice Number 1356 dated 8 December 2017.

World Heritage Convention Act 49 of 1999

7. Declaration of a management authority for the Fossil Hominid Sites of South Africa World Heritage Site (Cradle of Humankind). Published in GG 413306 Notice Number 1357 dated 8 December 2017.

Broad-Based Black Economic Empowerment Act 53 of 2003

8. Memorandum of Understanding between the Broad-Based Black Economic Empowerment Commission and the Company and Intellectual Properties Commission. Published in GG 41321 Notice Number 1414 dated 15 December 2017.

9. Amended AgriBEE Sector Code. Published in GG 41306 Notice Number 1354 dated 8 December 2017.

Genetically Modified Organisms Act 15 of 1997

10. Amendment to the Regulations. Published in GG 41321 Notice Number 1400 dated 15 December 2917.

Astronomy Geographic Advantage Act 21 of 2007

11. Regulations on the Protection of the Karoo Central Astronomy Advantage Areas in terms of the Act. Published in GG 41321 Notice Number 1411 dated 15 December 2017.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Occupational Health and Safety Act 85 of 1993

12. Amended notice of direction read with regulation 3(4) of the General Safety Regulations in terms of applications for first aid approval. Published in GG 41350 Notice Number 1463 dated 22 December 2017.

Medicines and Related Substances Act 101 of 1965

13. Correction notice for GG 41171 Notice Number 1091 dated 9 October 2017: appointment of members to the South African Health Products Regulatory Authority. Published in GG 41300 Notice Number 1349 dated 5 December 2017.

14. Exclusion of certain medicines from the provisions of the Act. Published in GG 41362 Notice Number 1478 dated 29 December 2017.

15. Amendment to the regulations relating to a transparent pricing system for medicines and related substances: dispensing fee to be charged by licensed persons. Published in GG 41362 Notice Number 1479 dated 29 December 2017.

16. Annual adjustment to the single exit price of medicines and relates substances for the year 2018. Published in GG 41362 Notice Number 1480 dated 29 December 2017.

17. Amendment to the regulations relating to a transparent system for medicines and relates substances: dispensing fee for pharmacists. Published in GG 41362 Notice Number 1481 dated 29 December 2017.

National Health Act 61 of 2003

18. Regulations relating to the Surveillance and the Control of Notifiable Medical Conditions. Published in GG 41330 Notice Number 1434 dated 15 December 2017.

Health Professions Act 56 of 1974

19. Regulations defining the scope of the profession of speech-language therapy. Published in GG 41350 Notice Number 1459 dated 22 December 2017.

Legal Metrology Act 9 of 2014

20. Amendment to the Regulations relating to the tariff for fees charged for services rendered in terms of the Act by the National Regulatory for Compulsory Specifications. Published in GG 41321 Notice Number 1412 dated 15 December 2017.

National Regulator for Compulsory Specifications Act 5 of 2008

21. Amendment to the Regulations relating to the payment of levy and fees with regards to Compulsory Specifications in the Automotive, Chemical, Mechanical and Materials, Electrotechnical and Food & Associated Industries. Published in GG 41321 Notice Number 1413 dated 15 December 2017.

Civil Aviation Act 13 of 2009

22. Amendment to the Civil Aviation Regulations 2011. Published in GG 41322 Notice Number 1423, 1424 and 1425 dated 15 December 2017.

Agricultural Pests Act 36 of 1983

23. Amendment to the Control Measures published in GN R110 of 27 January 1984 (as amended). Published in GG 41322 Notice Number 1416 dated 15 December 2017.

24. Amendment to the Regulations published in GN R111 of 27 January 1984 (as amended). Published in GG 41322 Notice Number 1416 dated 15 December 2017.

Plant Breeders Rights Act 15 of 1976

25. Amendment to the Regulations relating to Plant Breeders Rights. Published in GG 41321 Notice Number 1399 dated 15 December 2017.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

26. Amendment to the regulations relating to health messages on container labels on alcoholic beverages. Published in GG 41350 Notice Number 1458 dated 22 December 2017.

Animal Identification Act 6 of 2002

27. Amendment to the regulations. Published in GG 41350 Notice Number 1456 dated 22 December 2017.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL
Draft National Legislation and Regulations

National Water Act 36 of 1998

28. Proposal for the establishment of the Single Catchment Agency. Interested persons are invited to submit written comments within a period of 60 days. Published in GG 41321 Notice Number 1415 dated 15 December 2017.

29. Proposed classes of water and resource quality objectives for the Mokolo, Matlabas, Crocodile (West) and Marico catchments. Interested persons are invited to submit written comments within a period of 60 days from the date of publication of this notice. Published in GG 41310 Notice Number 1388 dated 8 December 2017.

Civil Aviation Act 13 of 2009

30. Proposed amendment to the Civil Aviation Regulations 2011. Interested persons are invited to submit written comments on or before 15 January 2018. Published in GG 41397 Notice Number 1348 dated 4 December 2017.

Health Professions Act 56 of 1974

31. Proposed amendment to the regulations relating to the qualifications for the registration of radiographers. Interested persons are invited to submit written comments within 3 months of the date of publication of this notice. Published in GG 41350 Notice Number 1457 dated 22 December 2017.

32.  Draft regulations relating to the qualifications for registration of arts therapists. Interested persons are invited to submit written comments within 3 months of the date of publication of this notice. Published in GG 41362 Notice Number 1482 dated 29 December 2017.

Standards Act 8 of 2008

33. 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 41306 Notice Number 946 and 947 dated 8 December 2017 and in GG 41362 Notice Number 984 and 985 dated 29 December 2017.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

34. Proposed regulations relating to the labelling, advertising and composition of cosmetics. Interested persons are invited to submit written comments within 3 months of publication of this notice. Published in GG 41351 Notice Number 1469 dated 22 December 2017.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL
Provincial Legislation and Municipal By-Laws

Western Cape: Province

35. Commencement of the Western Cape Health Facility Boards and Committees Act 4 of 2016. Published in PG 7853 Notice Number 14 dated 8 December 2017.

36. Regulations relating to the Financial Governance of Health Facility Boards and Committees 2017. Published in PG 7853 Notice Number 217 dated 8 December 2017.

37. Regulations relating to the Criteria and Process for Clustering Primary Health Care Facilities 2017. Published in PG 7853 Notice Number 218 dated 8 December 2017.

38. Regulations relating to the Procedure for the Nomination of Members for Appointment to Boards and Committees 2017. Published in PG 7853 Notice Number 219 dated 8 December 2017.

39. Disaster Management Act 57 of 2002: Extension of declaration of a provincial state of disaster as a result of the continuing drought. Published in PG 7854 Notice Number 220 dated 8 December 2017.

40. Disaster Management Act 57 of 2002: Extension of declaration of a provincial state of disaster as a result of the fires and storms that affected the Western Cape in June 2017. Published in PG 7854 Notice Number 221 dated 8 December 2017.

41. Stellenbosch Municipality: Extension of declaration of local state of disaster as a result of the continuing drought. Published in PG 7854 dated 8 December 2017.

42. City of Cape Town Metropolitan Municipality: Extension of declaration of local state of disaster as a result of the continuing drought. Published in PG 7854 dated 8 December 2017.

43. City of Cape Town Metropolitan Municipality: Extension of declaration of local state of disaster as a result of the fires in Hout Bay in March 2017. Published in PG 7854 dated 8 December 2017.

44. Swartland Municipality: extension of declaration of local state of disaster due to the continuing drought. Published in PG 7857 dated 15 December 2017.

45. Swartland Municipality: extension of declaration of local state of disaster due to the fire at the Swartland Hospital. Published in PG 7857 dated 15 December 2017.

Eastern Cape Province:

46. Disaster Management Act 57 of 2002: Joe Gqabi District Municipality: extension of the declared local state of disaster due to the damaged road network. Published in PG 3969 Notice Number 302 dated 15 December 2017.

Mpumalanga Province:

47. Emalahleni Local Municipality: Public Open Spaces By-law. Published in PG 2883 Notice Number 154 dated 15 December 2017.

48. Emalahleni Local Municipality: Cemeteries and Crematoria By-law. Published in PG 2883 Notice Number 155 dated 15 December 2017.

Gauteng Province:

49. Gauteng Scrutiny of Subordinate Legislation Act 5 of 2008: Index of subordinate legislation, proclamations and notices for the period 28 December 2016 to 4 December 2017. Published in PG 335 Notice Number 1792 dated 19 December 2017.

KwaZulu-Natal Province:

50. Newcastle Municipality: commencement of the Spatial Planning and Land Use Management By-law. Published in PG 1913 Notice Number 132 dated 28 December 2017.

51. Ray Nkonyeni Municipality: Nuisance and Behaviour in Public Places By-law. Published in PG 1907 Notice Number 127 dated 14 December 2017.

North-West Province:

52. Tswaing Municipality: Spatial Planning and Land Use Management By-law. Published in PG 7837 Notice Number 268 dated 19 December 2017.

SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL
Draft Provincial Legislation and Municipal By-Laws

KwaZulu-Natal Province:

53. KwaZulu-Natal Nature Conservation Management Act 9 of 1997: nomination of persons to be appointed to the KwaZulu-Natal Nature Conservation Board. Nominations must be submitted before 3 February 2018. Published in PG 1906 Notice Number 63 dated 7 December 2017.

54. KwaZulu-Natal Standard Draft By-laws: Beaches by-law, Fire by-law, Municipal Buildings by-law, Electricity Supply by-law and Property Encroachment by-law. Interested persons are invited to submit written comments by no later than 30 days after the publication hereof. Published in PG 1910 Notice Number 48 dated 21 December 2017.

Western Cape Province:

55. Proposed amendment to the Western Cape Community Safety Regulations 2016. Interested persons and organisations are invited to submit written comments on or before 31 January 2018. Published in PG 7857 Notice Number 226 dated 15 December 2017.

Mpumalanga Province:

56. Emalahleni Municipality: Draft Cemeteries and Crematoria By-law published for public comment in PG 2883 Notice Number 155 dated 15 December 2017.

57. Emalahleni Municipality: Draft Public Open Spaces By-law published for public comment in PG 2883 Notice Number 154 dated 15 December 2017.

SECTION F: PARLIAMENTARY MONITORING

Introduction:
The Constitution describes four kinds of bills, namely:
Section 74 bills: constitutional amendments.
Section 75 bills: ordinary bills not affecting the provinces. Once a Section 75 bill has been passed by the National Assembly (NA), it is referred to the National Council of Provinces (NCOP). If the NCOP amends the bill or rejects it, it is referred to the NA, which may pass the bill again, with or without amendments, and submit for the President’s assent. In other words, the NA can pass a Section 75 bill even if the NCOP disagrees.
Section 76 bills: ordinary bills affecting the provinces. The NCOP and the NA both consider Section 76 bills.
Section 77 bills: money bills (must be introduced by the Minister of Finance in the NA).
Each type of bill has a different passage to becoming law and usually fits into only one category. If a bill does not fit clearly into one category, or if it fits into more than one category, it is usually redrafted or split into more than one bill, e.g., the NEM: Biodiversity Bill which was split into the NEM: Biodiversity Bill and NEM: Protected Areas Bill. Both of these have now been enacted.
(http://www.pmg.org.za/ and http://www.parliament.gov.za/live/index.php)

Sustainability Related Legislative Programme: Parliament of South Africa

BILLS BEFORE PARLIAMENT (as of 2 January 2018):

1. Labour Relations Amendment Bill (B32 of 2017)
2. National Minimum Wage Bill (B31 of 2017)
3. Basic Conditions of Employment Amendment Bill (B30 of 2017)
4. Labour Laws Amendment Bill (B29 of 2017)
5. Agricultural Product Standards Amendment Bill (B21 of 2017)
6. South African National Roads Agency Limited and National Roads Amendment Bill (B20 of 2017)
7. National Environmental Management Laws Amendment Bill (B14 of 2017)
8. Marine Spatial Planning Bill (B9 of 2017)
9. National Veld and Forest Fire Amendment Bill (B22 of 2016)
10. National Forests Amendment Bill (B11 of 2016)
11. National Land Transport Amendment Bill (B7 of 2016)
12. Plant Improvement Bill (B8 of 2015)
13. Plant Breeders Rights Bill (B11 of 2015)
14. Mineral and Petroleum Resources Development Amendment Bill (B15 of 2013)

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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