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28 May 2017
   
 
 
 
 
 
 
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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Water Act 36 of 1998

1. Integrated Vaal River System: withdrawal of water restrictions for urban and irrigation purposes. Published in GG 40682 Notice Number 221 dated 13 March 2017.

2. Regulations regarding the procedural requirements for water use licence applications and appeals. Published in GG 40713 Notice Number 267 dated 24 March 2017.

National Environmental Management: Air Quality Act 39 of 2004

3. National Greenhouse Gas Emission Reporting Guidelines. Published in GG 40762 Notice Number 275 dated 3 April 2017.

National Nuclear Regulator Act 47 of 1999

4. Fees payable for any application for the granting of a nuclear authorisation. Published in GG 40673 Notice Number 185 dated 10 March 2017.

5. Nuclear authorisation fees. Published in GG 49673 Notice Number 186 dated 10 March 2017.

National Heritage Resources Act 25 of 1999

6. Declaration of Freedom Park as a National Heritage Site. Published in GG 40673 Notice Number 208 dated 10 March 2017.

7. Declaration of Constitutional Hill as a National Heritage Site. Published in GG 40673 Notice Number 209 dated 10 March 2017.

8. Declaration of the grave of Mr. Chris Hani, memorial site and the walk of remembrance as National Heritage Sites. Published in GG 40711 Notice Number 249 dated 24 March 2017.

9. Regulations in accordance with section 9 of the Act: Standards for conservation and maintenance of heritage resources that are in control of state departments and supported bodies. Published in GG 40691 Notice Number 218 dated 17 March 2017.

Subdivision of Agricultural Land Act 70 of 1970

10. Revised tariffs for services rendered in terms of the Act. Published in GG 40711 Notice Number 248 dated 24 March 2017.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Compensation for Occupational Injuries and Diseases Act 130 of 1993

11. Classification of industries. Published in GG 40675 Notice Number 216 dated 10 March 2017.

Occupational Health and Safety Act 85 of 1993

12. Incorporation of health and safety standards into the Pressure Equipment Regulations 2009. Published in GG 40713 Notice Number 262 dated 24 March 2017.

13. Guidelines for the Driven Machinery Regulations 2015. Published in GG 40734 Notice Number 288 dated 31 March 2017.

National Regulations for Compulsory Specifications Act 5 of 2008

14. Amendment to the compulsory specifications for safety of medium-voltage electric cables. Published in GG 40733 Notice Number 284 dated 31 March 2017.

15. Amendment to the compulsory specifications for lamp-holders. Published in GG 40733 Notice Number 285 dated 31 March 2017.

Occupational Injuries and Diseases Act 130 of 1993

16. Annual increase in medical tariffs for medical service providers: medical practitioners. Published in GG 40745 Notice Number 268 dated 30 March 2017.

17. Annual increase in medical tariffs for medical service providers: dental services. Published in GG 40744 Notice Number 267 dated 30 March 2017.

18. Annual increase in medical tariffs for medical service providers: psychiatric and private rehabilitation hospitals. Published in GG 40743 Notice Number 266 dated 30 March 2017.

19. Annual increase in medical tariffs for medical service providers: blood services. Published in GG 40742 Notice Number 265 dated 30 March 2017.

20. Annual increase in medical tariffs for medical service providers: social workers. Published in GG 40741 Notice Number 264 dated 30 March 2017.

21. Annual increase in medical tariffs for medical service providers: occupational therapy services. Published in GG 40740 Notice Number 263 dated 30 March 2017.

22. Annual increase in medical tariffs for medical service providers: physiotherapy services. Published in GG 40739 Notice Number 262 dated 30 March 2017.

23. Annual increase in medical tariffs for medical service providers: renal services. Published in GG 40738 Notice Number 261 dated 30 March 2017.

24. Annual increase in medical tariffs for medical service providers: wound care. Published in GG 40737 Notice Number 260 dated 30 March 2017.

25. Annual increase in medical tariffs for medical service providers: private ambulance services. Published in GG 40736 Notice Number 259 dated 30 March 2017.

Standards Act 8 of 2008

26. Issue of new SANS Standards, revision of SANS Standards and cancelled SANS Standards. Published in GG 40673 Notice Number 213 dated 10 March 2017.

27. Issue of new SANS Standards, revision of SANS Standards and cancelled SANS Standards. Published in GG 40711 Notice Number 46 dated 24 March 2017.

28. Issue of new SANS Standards, revision of SANS Standards and cancelled SANS Standards. Published in GG 40733 Notice Number 257 dated 31 March 2017.

Agricultural Product Standards 119 of 1990

29. Amendment to the regulations regarding inspection and appeals: export. Published in GG 40713 Notice Number 258 dated 24 March 2017.

30. Amendment to the regulations regarding inspection and appeal: local. Published in GG 40713 Notice Number 258 dated 24 March 2017.

Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947

31. Amendment to the regulations relating to tariffs for the registration of fertilisers, farm feeds, agricultural remedies, stock remedies, sterilising plants and pest control operators: appeals and imports. Published in GG 40760 Notice Number 310 dated 31 March 2017.

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

National Environmental Management Laws Amendment Bill 2017

32. The Minister of Environmental Affairs intends to introduce the Bill into Parliament during April 2017. The Explanatory Summary of the Bill has been published. Published in GG 40733 Notice Number 245 dated 31 March 2017.

National Environmental Management Act 107 of 1998

33. Draft National Biodiversity Offset Policy. Members of the public are invited to submit written comments within 60 days after the publication of the notice in the gazette. Published in GG 40733 Notice Number 276 dated 31 March 2017.

Marine Living Resources Act 18 of 1998

34. Extension of public commenting period for the draft policies on boat-based whale and dolphin watching and white shark cage diving published in GG 40626 Notice Numbers 145 and 146 dated 17 February 2017. Written comments received after 6 April 2017 will not be considered.  Published in GG 40680 Notice Number 219 dated 10 March 2017.

National Environmental Management: Integrated Coastal Management Act 24 of 2008

35. Draft coastal waters discharge permit regulations. Interested persons are invited to submit written comments within 30 days after the publication of these regulations in the gazette. Published in GG 40674 Notice Number 214 dated 10 March 2017.

National Environmental Management: Waste Act 59 of 2008

36. Proposed amendment to the list of waste management activities that have, or are likely to have, a detrimental effect on the environment. Members of the public are invited to submit written comments within 60 days of publication of this notice in the gazette. Published in GG 40698 Notice Number 242 dated 17 March 2017.

37. Draft norms and standards for the sorting, shredding, grinding, crushing, screening or bailing of general waste. Members of the public are invited to submit written comments within 60 days of publication of this notice in the gazette. Published in GG 40698 Notice Number 243 dated 17 March 2017.

38. Notice of intention to require the tyre industry to prepare and submit an industry waste tyre management plant to the Minister. Members of the public are invited to submit written comments within 30 days of publication of this notice in the gazette. Published in GG 40751 Notice Number 300 and 301 dated 31 March 2017.

Civil Aviation Act 13 of 2009

39. Proposed amendments to the Civil Aviation Regulations 2011. Interested persons are invited to submit written comments on or before 10 April 2017. Published in GG 40681 Notice Number 220 dated 13 March 2017.

40. Proposed amendments to the Civil Aviation Regulations 2011. Interested persons are invited to submit written comments on or before 24 April 2017. Published in GG 40720 Notice Number 273 dated 24 March 2017.

Department of Health

41. Introduction of the National Health Public Institute of South African Bill 2017 and the National Health Laboratory Services Amendment Bill 2017 into the National Assembly. Published in GG 40688 Notice Number 225 dated 15 March 2017.

National Health Act 61 of 2003

42. Proposed amendment to the regulations regarding the general control of human bodies, tissue, blood products and gametes. Interested persons are invited to submit written comments within one month from the date of publication of this notice. Published in GG 40700 Notice Number 244 dated 17 March 2017.

Land Use Management Act 16 of 2013

43. Regulation of Agricultural Land Holdings Bill 2017. Members of the public are invited to submit written comments within 30 calendar days of the publication of this notice. Published in GG 40697 Notice Number 229 dated 17 March 2017.

National Land Transport Act 5 of 2009

44. Intention to institute extraordinary measures in the Western Cape Province following incidents of violence and the killing of mini-bus taxi drivers and operators. All persons who have an interest in the matter or who are affected by such regulations may make written representations on or before 31 March 2017. Published in GG 40721 Notice Number 238 dated 24 March 2017.

45. Intention to institute extraordinary measures in the Eastern Cape Province following in order to normalise transport areas affected by violence, unrest, conflict or instability. Any interested or affected persons are invited to make within 7 days from the date of publication of this notice. Published in GG 40712 Notice Number 256 dated 23 March 2017.

Marine Spatial Planning Bill 2017

46. Intention to introduce the Marine Spatial Planning Bill 2017 into Parliament and publication of the explanatory summary of the Bill. Published in GG 40726 Notice Number 274 dated 28 March 2017.

The Astronomy Geographic Advantage Act 21 of 2007

47. Publication of a report on public oral hearings on the draft regulations to protect the Karoo Central Astronomy Advantage Areas. The regulations are currently being finalised, with due consideration of the submissions made by interested and affected parties during the above consultative process. Thereafter the regulations will be promulgated, following which a notice will be published indicating the date of commencement of the regulations. Published in GG 40706 Notice Number 246 dated 22 March 2017.

National Energy Regulator Act 40 of 2004

48. Draft discussion document: “Pipeline Levies”. Stakeholders and members of the public are invited to submit written comments before close of business on 24 April 2017. Published in GG 40722 Notice Number 239 dated 27 March 2017.

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

Eastern Cape Province

49. Declaration of a local state of disaster: OR Tambo District Municipality. Published in PG 3810 Notice Number 10 dated 13 March 2017.

50. Declaration of a state of disaster: Great Kei Local Municipality. Published in PG 3807 Notice Number 26 dated 6 March 2017.

Gauteng Province

51. Midvaal Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 69 Notice Number 207 dated 15 March 2017.

52. Emfuleni Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 69 Notice Number 208 dated 15 March 2017.

53. West Rand City Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 78 Notice Number 222 dated 22 March 2017.

KwaZulu-Natal Province

54. Jozini Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1800 Notice Number 31 dated 16 March 2017.

55. Alfred Duma Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1797 Notice Number 28 dated 9 March 2017.

56. Big 5 Hlabisa Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1797 Notice Number 29 dated 9 March 2017.

57. Mtubatuba Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1797 Notice Number 30 dated 9 March 2017.

58. Nongoma Municipality: Outdoor Advertisement By-law. Published in PG 1803 Notice Number 5 dated 23 March 2017.

Limpopo Province

59. National Environmental Management: Protected Areas Act 57 of 2003: declaration of land parcels as nature reserves. Published in PG 2793 Notice Number 26 dated 3 March 2017.

North West Province

60. Ditsobotla Municipality: Spatial Planning and Land Use Management By-law. Published in PG 7739 Notice Number 19 dated 7 March 2017.

61. Maquassi Hills Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 7739 Notice Number 20 dated 7 March 2017.

62. Mamusa Municipality: Spatial Planning and Land Use Management By-law. Published in PG 7739 Notice Number 21 dated 7 March 2017.

63. Lekwa-Teemane Municipality: Spatial Planning and Land Use Management By-law. Published in PG 7739 Notice Number 22 dated 7 March 2017.

64. Madibeng Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 7745 Notice Number 25 dated 22 March 2017.

65. The Ramotshere Moiloa Municipality: Spatial Planning and Land Use Management By-law. Published in PG 7745 Notice Number 27 dated 22 March 2017.

66. City of Matlosana Municipality: Electricity by-law. Published in PG 7749 Notice Number 32 dated 28 March 2017.

Western Cape Province

67. Swartland Municipality: Spatial Planning and Land Use Management By-law. Published in PG 7741 dated 3 March 2017.

68. Stellenbosch Municipality: Policy for the Management of Municipal Agricultural Land. Published in PG 7750 dated 27 March 2017.

69. National Heritage Resources Act 25 of 1999: Declaration of heritage resources as provincial heritage: “Old Granary Complex”. Published in PG 7738 Notice Number 65 dated 3 March 2017.

70. National Heritage Resources Act 25 of 1999: Declaration of heritage resources as provincial heritage on Farm 24, Lemoenshoek, Barrydale, Swellendam. Published in PG 7738 Notice Number 67 dated 3 March 2017.

71. Formal protection of archaeological sites in terms of the National Heritage Resource Act 25 of 1999. Published in PG 7745 Notice Number 75 dated 17 March 2017.

72. City of Cape Town: Declaration of a state of disaster. Published in PG 7736 dated 3 March 2017.

73. Central Karoo District Municipality: extension of declaration of local disaster. Published in PG 7736 dated 3 March 2017.

74. Western Cape Department of Health: Uniform Patient Fee Schedule Regulations 2017. Published in PG 7752 Notice Number 84 dated 31 March 2017.

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

Gauteng Province

75. Gautrain Management Agency Amendment Bill 2017. Interested persons are invited to submit written comments on or before 14 April 2017. Published in PG 69 Notice Number 209 dated 15 March 2017.

76. Ekurhuleni Metropolitan Municipality: Draft Spatial Planning and Land Use Management By-law. Written comments may be submitted from 10 March 2017 – 28 April 2017. Published in PG 63 Notice Number 336 dated 10 March 2017.

Western Cape Province

77. Langeberg Municipality: Proposed amendment to the Municipal Spatial Development Framework. Published in PG 7748 dated 24 March 2017.

78. Bitou Municipality: Draft Municipal Spatial Development Framework 2017. All comments must be directed in writing within 60 days from the date of this notice. Published in PG 7748 dated 24 March 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 4 April 2017):

1. National Veld and Forest Fire Amendment Bill (B22 of 2016)
2. National Forests Amendment Bill (B11 of 2016)
3. National Land Transport Amendment Bill (B7 of 2016)
4. Plant Improvement Bill (B8 of 2015)
5. Plant Breeders Rights Bill (B11 of 2015)
6. 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

Edited by: Creamer Media Reporter
 
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