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Warburton Attorneys Monthly Sustainability Legislation, Regulation and Parliamentary Update - Jan 2018

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Warburton Attorneys Monthly Sustainability Legislation, Regulation and Parliamentary Update - Jan 2018

6th February 2018

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Water Act 36 of 1998

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1. Limiting the use of water in terms of the Act for urban irrigation and industrial (including mining) purposes in the Breede-Gouritz and Berg-Olifants Water Management Areas. Published in GG 41381 Notice Number 1393 dated 15 January 2018.

2. Restrictions on the use of water for domestic industrial and agricultural purposes in the Mzimvubo-Tsitsikamma Water Management Area in the Eastern Cape Province. Published in GG 41389 Notice Number 28 dated 19 January 2018.

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National Environmental Management: Biodiversity Act 10 of 2004

3. Non-detriment finding assessment for Panthera leo (African lion). Published in GG 41393 Notice Number 19 dated 23 January 2018.

World Heritage Convention Act 49 of 1999

4. Isimangaliso Wetland Park Authority: Appointment of members of the board. Published in GG 41408 Notice Number 59 dated 26 January 2018.

National Energy Regulator Act 40 of 2004

5. Nomination of candidates to serve as full-time regulatory members designated to be primarily responsible for energy regulation for the National Energy Regulator of South Africa (NERSA). Published in GG 41406 Notice Number 57 dated 26 January 2018.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Compensation for Occupational Injuries and Diseases Act 130 of 1993

6. Increase of Maximum Amount of Earnings on which the Assessment of an Employer shall be calculated. Published in GG 41382 Notice Number 16 dated 16 January 2018.

7. Amendment of Schedule 4 (Manner of Calculating Compensation) of the Act. Published in GG 41382 Notice Number 16 dated 16 January 2018.

8. Increase in Monthly Pensions. Published in GG 41382 Notice Number 17 dated 16 January 2018.
Occupational Diseases in Mines and Works Act 78 of 1973

9. Increase of pension benefits. Published in GG 41410 Notice Number 60 dated 26 January 2018.

Civil Aviation Act 13 of 2009

10. 18th Amendment to the Civil Aviation Regulations 2011. Published in GG 41379 Notice Number 13 dated 12 January 2018.

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

National Environmental Management: Waste Act 59 of 2008

11. Proposed regulations to exclude a waste stream or a portion of a waste stream from the definition of waste. Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 41380 Notice Number 14 dated 12 January 2018.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

12. Draft Asbestos Abatement Regulations. Interested persons are invited to submit written comments within 90 days from the of publication of this notice. Published in GG 41387 Notice Number 29 dated 19 January 2018.

Occupational Health and Safety Act 85 of 1993

13. Proposed incorporation of the Code of Good Practice for Inspection and Testing of Lift in terms of the Lift, Escalator and Passenger Conveyor Regulations. Interested persons are invited to submit written comments within 90 days of publication of this notice. Published in GG 41400 Notice Number 52 dated 26 January 2018.

National Energy Regulator Act 40 of 2004

14. Invitation for public comments on Eskom’s third Multi-Year Price Determination Regulatory Clearing Account Year 2 (2014/15), year 3 (2015/16) and year 4 (2016/17) applications and indicative timeframes for the determination process. The closing day for written comments is 23 March 2018 at 16:00. Published in GG 41402 Notice Number 55 dated 25 January 2018.

National Railway Safety Regulator Act 16 of 2002

15. Proposed determination of permit fees. Interested persons are invited to submit written comments within 30 days after the date of publication of this notice. Published in GG 41399 Notice Number 25 dated 26 January 2018.

National Heritage Resources Act 25 of 1999

16. Draft regulations pertaining to the provision of sections 9(2), 9(3c), 13(1a), 13(1b), 13(2d), 24(f), 30(4) and 39 of the Act. Written comments on the draft regulations should be submitted by close of business on 28 February 2018.

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

Mpumalanga Province

17. Ehlanzeni District Municipality: Municipal Health Services By-law. Published in PG 2887 Notice Number 3 dated 5 January 2018.


Eastern Cape Province:

18. Disaster Management Act 57 of 2002: Joe Gqabi District Municipality: extension of the declared local state of disaster due to the veld fires. Published in PG 3987 Notice Number 8 dated 26 January 2018.


Western Cape Province:

19. 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 7866 Notice Number 11 dated 26 January 2018.

20. 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 7864 Notice Number 8 dated 19 January 2018.

21. Drakenstein Municipality: Extension of a local state of disaster for the drought. Published in PG 7864 dated 19 January 2018.

22. Stellenbosch Municipality: Extension of declaration of local state of disaster as a result of the continuing drought. Published in PG 7859 dated 12 January 2018.

23. City of Cape Town Metropolitan Municipality: Extension of declaration of local state of disaster as a result of the continuing drought. Published in PG 7859 dated 12 January 2018.

24. 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 7859 dated 12 January 2018.

25. Swartland Municipality: extension of declaration of local state of disaster due to the fire at the Swartland Hospital. Published in PG 7859 dated 12 January 2018.

26. Mossel Bay Municipality: Integrated Zoning Scheme By-law. Published in PG 7865 dated 19 January 2018.

27. Heritage Western Cape: Retraction of gazette for the proclamation of the “Auwal Masjied” (PG 7827 dated 22 September 2017) and amended declaration of the “Auwal Masjied” as a provincial heritage resource. Published in PG 7865 Notice Number 6 dated 19 January 2018.

28. Declaration of the Witzands Aquifer Nature Reserve. Published in PG 7859 Notice Number 1 dated 12 January 2018.

29. Declaration of the Uitkamp Wetland Nature Reserve. Published in PG 7859 Notice Number 2 dated 12 January 2018.

30. Declaration of the Tygerberg Nature Reserve. Published in PG 7859 Notice Number 3 dated 12 January 2018.

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

Limpopo Province

31. National Environmental Management: Biodiversity Act 10 of 2004: intention to publish Bioregional Plans in respect of the areas of jurisdiction of the Waterberg District Municipality and the Mopani District Municipality. Written representations must be submitted within 30 days of the publication of this notice. Published in PG 2874 Notice Number 63 dated 12 January 2018 and in PG 2875 Notice Numbers 7 and 8 dated 19 January 2018.


Eastern Cape Province

32. National Environmental Management: Protected Areas Act 57 of 2003: intention to declare nature reserves and protected environments: Indalo Protected Environment, Sand River Private Nature Reserve, Buffalo Kloof Protected Environment and Collywobbles Nature Reserve. Members of the public are invited to submit written comments within 60 days from the date of publication of this notice. Published in PG 3986 Notice Number 7 dated 22 January 2018.


Western Cape Province

33. Heritage Western Cape: draft regulations relating to the consultation process for listing heritage resources in the heritage register and for the designation of heritage areas 2018. Interested persons and organisations are invited to submit written comments on or before 19 February 2018. Published in PG 7860 Notice Number 4 dated 12 January 2018.

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

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. National Veld and Forest Fire Amendment Bill (B22 of 2016)
9. National Forests Amendment Bill (B11 of 2016)
10. National Land Transport Amendment Bill (B7 of 2016)
11. Plant Improvement Bill (B8 of 2015)
12. Plant Breeders Rights Bill (B11 of 2015)
13. 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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