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Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update – August 2018

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Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update – August 2018

6th September 2018

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SECTION A:  ENVIRONMENTAL (NATIONAL)

NATIONAL WATER ACT 36 OF 1998

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Lifting of water restrictions. Published in GG 41870 Notice Number 911 dated 31 August 2018.

CONSERVATION OF AGRICULTURAL RESOURCES ACT 43 OF 1983

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Long-term Grazing Capacity Map for South Africa. Published in GG 41870 Notice Number 898 dated 31 August 2018.

BROAD-BASED BLACK ECONOMIC EMPOWERMENT AMENDMENT ACT 53 OF 2003

Codes of Good Practice on Broad Based Black Economic Empowerment – Youth Employment Service. Published in GG 41866 Notice Number 502 dated 28 August 2018.

PETROLEUM PIPELINES LEVIES ACT 28 OF 2004

Levy and interest payable on the Petroleum Pipelines Industry. Published in GG 41872 Notice Number 919 dated 29 August 2018.

GAS REGULATOR LEVIES ACT 75 OF 2002

Levy and interest payable on the Pipes-Gas Industry. Published in GG 41872 Notice Number 920 dated 29 August 2018.

STATISTICS SOUTH AFRICA

Consumer Price Index (CPI) for July 2018. Published in GG 41870 Notice Number 516 dated 31 August 2018.

SECTION B: SAFETY AND HEALTH (NATIONAL)

OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993

Notice regarding application for construction work permit of construction work in terms of the Construction Regulations, 2014. Published in GG 41839 Notice Number 850 dated 17 August 2018.

MINE HEALTH AND SAFETY ACT 29 OF 1996

Guidance Note for a Management and Control Programme for Tuberculosis in the South African Mining Industry. Published in GG 41839 Notice Number 851 dated 17 August 2018.

COMPENSATION FOR OCCUPATIONAL AND DISEASES ACT 130 OF 1993

Definitions of active employer and inactive employer. Published in GG 41861 Notice Number 894 dated 23 August 2018.

LEGAL METROLOGY ACT 9 OF 2014

Legal Metrology Regulations. Published in GG 41854 Notice Number 877 dated 24 August 2018.

NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACTS 5 OF 2008

Compulsory Specification for Aquacultured Live and Chilled Raw Bivalve Molluscs (VC 9107). Published in GG 41827 Notice Number 810 dated 10 August 2018.

Amendment to the Compulsory Specification for Pneumatic Tyres for Passenger Cars and their Trailers (VC 8059). Published in GG 41827 Notice Number 809 dated 10 August 2018.

Amendment to the Compulsory Specification for Pneumatic Tyres for Passenger Cars and their Trailers (VC 8056). Published in GG 41827 Notice Number 808 dated 10 August 2018.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL

Draft National Legislation and Regulations

ELECTRICITY REGULATION ACT 4 OF 2006

Draft Integrated Resource Plan (IRP) 2018. Interested persons and organisations are invited to submit written comments within 60 days of this publication. GG 41865 Notice Number 897 dated 27 August 2018.

NATIONAL HERITAGE RESOURCES ACT 25 OF 1999

Draft Regulations on the Restitution of Heritage Objects. Members of the public are invited to submit written comments within 60 days of the publication of the notice. Published in GG 41854 Notice Number 868 dated 17 August 2018.

Draft List of Types of Heritage Objects that are protected and may not be exported without a permit. Members of the public are invited to submit written comments within 60 days of the publication of the notice. Published in GG 41854 Notice Number 869 dated 17 August 2018.

DEPARTMENT OF ENVIRONMENTAL AFFAIRS

Request for bids from the South African National Parks (SANParks) to form a public-private partnership to grant a selected operator the right to operate and manage the Skukuza Safari Lodge in the Kruger National Park. Published in GG 41839 Notice Number 458 dated 17 August 2018.

NATIONAL WATER ACT 36 OF 1998

Nominations for chairperson of the Water Tribunal. The closing date for receipt of the nominations is Wednesday 19 September 2018. GG 41849 Notice Number 865 dated 17 August 2018.

FIREARMS CONTROL AMENDMENT BILL 2018

Notice of intention to introduce the Bill into Parliament and invitation for public comments. Interested parties and institutions are invited to submit written comments within 30 days of the publication of this notice. Published in GG 41991 Notice Number 531 dated 31 August 2018.

CIVIL AVIATION ACT 13 OF 2009

Proposed amendments to the Civil Aviation Regulations, 2011. Members of the public are invited to submit written comments on or before 11 September 2018. Published in GG 41828 Notice Number 823 dated 10 August 2018.

Proposed amendments to the Civil Aviation Regulations, 2011. Interested persons are invited to submit written comments on or before 23 September 2018. Published in GG 41860 Notice Number 893 dated 23 August 2018.

ASTRONOMY GEOGRAPHIC ADVANTAGE ACT 21 OF 2007

Notice for workshops to be held within the Declared Sutherland Central Astronomy Advantage Area to provide special assistance to members of communities to make informed written representations on the draft regulations published on 25 July 2018. Members of the public, including interested and affected parties are invited to attend the workshops. Published in GG 41835 Notice Number 842 dated 13 August 2018.

STANDARDS ACT 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 41839 Notice Number 486 and 487 dated 17 August 2018, GG 41854 Notice Number 498 dated 24 August 2018 and GG 41870 Notice Number 517 dated 31 August 2018.

MEDICINES AND RELATED SUBSTANCES ACT 101 OF 1965

Proposed amendments to the Regulations relating to Fees Payable. Interested persons are invited to submit written comments within 3 months of publication of this notice. Published in GG 41871 Notice Number 912 dated 31 August 2018.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL

Provincial Legislation and Municipal By-Laws

EASTERN CAPE PROVINCE

Disaster Management Act 57 of 2002: Kouga Local Municipality (EC108): Extension of Local State of Disaster. Published in PG 4103 Notice Number 172 dated 14 August 2018.

Spatial Planning and Land Use Management 16 of 2013: Ingquza Hill Local Municipality Spatial Development Framework. Published in PG 4098 Notice Number 164 dated 6 August 2018.

Kou-Kamma Local Municipality: Municipal Health Services By-Law, 2018. Published in PG 4098 Notice Number 136 dated 6 August 2018.

WESTERN CAPE PROVINCE

Swartland Municipality: Extension of declaration of a local state of disaster within the boundaries of the Swartland Municipality due to the continuing drought. Published in PG 7965 dated 3 August 2018.

Swartland Municipality: Extension of declaration of a local state of disaster within the boundaries of the Swartland Municipality due to the fire at the Swartland Hospital. Published in PG 7969 dated 17 August 2018.

Breede Valley Municipality: Amendment to the Municipal Land Use Planning By-Law. Published in PG 7965 dated 3 August 2018.

City of Cape Town Metropolitan Municipality: Extension of a local state of disaster as a result of the drought conditions. Published in PG 7969 dated 17 August 2018.

City of Cape Town Metropolitan Municipality: Extension of a local state of disaster as a result of the fire in Hout Bay. Published in PG 7969 dated 17 August 2018.

Saldanha Bay Municipality: Declaration of a local state of disaster within the boundaries of the Saldanha Bay Municipality due to the continuing drought. Published in PG 7969 dated 17 August 2018.

Local Government: Municipal Structures Act 117 of 1998: Eden District Municipality renamed to Garden Route District Municipality. Published in PG 7972 Notice Number 108 dated 24 August 2018.

LIMPOPO PROVINCE

Spatial Planning and Land Use Management Act 16 of 2013: Collins Chabane Local Municipality: Spatial Development Framework 2018-2022. Published in PG 2931 Notice Number 118 dated 10 August 2018.

FREE STATE PROVINCE

Ngwathe Local Municipality: Municipal Land Use Planning By-Law. Published in PG 50 Notice Number 74 dated 17 August 2018.

GAUTENG PROVINCE

Rationalisation of Local Government Affairs Act 10 of 1998: City of Tshwane Metropolitan Municipality: Health By-Law for Child Care Services. Published in PG 236 Notice 1379 dated 22 August 2018.

Rationalisation of Local Government Affairs Act 10 of 1998: City of Tshwane Metropolitan Municipality: Correction notice: Health By-Laws relating to the Keeping of Animals, Birds and Poultry. Published in PG 251 Notice 1457 dated 31 August 2018.

Rationalisation of Local Government Affairs Act 10 of 1998: City of Ekurhuleni Metropolitan Municipality: Development Agency By-Law. Published in PG 245 Notice 1422 dated 29 August 2018.

KWAZULU-NATAL PROVINCE

National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Burman Bush Nature Reserve; the Giba Gorge Nature Reserve; the Marion Wood Nature Reserve; the Wew Germany Nature Reserve; the Paradise Valley Nature Reserve; the Pigeon Valley Nature Reserve; the Silverglen Nature Reserve; the Springside Reserve and the Virginia Bush Nature Reserve. Published in PG 1988 Notice 98 dated 23 August 2018.

SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL

Draft Provincial Legislation and Municipal By-Laws

NORTHERN CAPE PROVINCE

Spatial Planning and Land Use Management Act 16 of 2013: Intention to review and expand the Spatial Development Framework of Karoo Hoogland Municipality in terms of the Act and the appointment of the service provider for the project. Published in PG 2205 Notice Number 24 dated 6 August 2018.

WESTERN CAPE PROVINCE

Draft Western Cape Laws Repeal Bill, 2018. Interested persons and organisations are invited to submit written comments on or before 10 September 2018. Published in PG 7971 Notice Number 106 dated 17 August 2018,

GAUTENG PROVINCE

Draft Air Pollution Control By-Law and Air Quality Management Plan for the City of Johannesburg Metropolitan Municipality. Members of the public are invited to submit written comments within 30 days the date of this publication (until close of business on 17 September 2018). Published in PG 230 Notice Number 1372 dated 17 August 2018.

Proposed amendment to the By-law relating to Dogs and Cats for the City of Johannesburg Metropolitan Municipality. Any organisation or person is invited to submit written comments within 30 days from the date of this publication. Published in PG 242 Notice Number 1412 dated 27 August 2018.

Proposed amendment to the Problem Properties By-Law for the City of Johannesburg Metropolitan Municipality. The public is invited to submit written comments within 30 days from the date of this notice (until close of business on 5 October 2018). Published in PG 244 Notice Number 1413 dated 28 August 2018.

Draft Water Services By-Law for the City of Johannesburg Metropolitan Municipality. The public is invited to submit written comments within 30 days from the date of this notice (until close of business on 28 September 2018). Published in PG 247 Notice Number 1456 dated 29 August 2018.

Draft Integrated Waste Management By-law for the Ekurhuleni Metropolitan Municipality. Interested persons are invited to submit written comments by no later than 1 October 2018. Published in PG 245 Notice Number 1423 dated 29 August 2018.

LIMPOPO PROVINCE

National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare attached respective land parcels (Lapalala, Balule and Lekgalametsi) as Nature Reserves. Members of the public are invited to submit written comments within 60 days from the date of this notice. Published in PG 2935 Notice Number 123 dated 23 August 2018.

FREE STATE PROVINCE

Setsoto Local Municipality: proposed revision of the Spatial Development Framework. Public participation processes will be advertised in due course. Published in PG 54 Notice Number 85 dated 31 August 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)

Bills before Parliament (as of 3 September 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)
  • Marine Spatial Planning Bill (B9 of 2017)
  • National Forests Amendment Bill (B11 of 2016)
  • National Land Transport Amendment Bill (B7 of 2016)
  • Plant Improvement Bill (B8 of 2015)
  • Plant Breeders Rights Bill (B11 of 2015)
  • Mineral and Petroleum Resources Development Amendment Bill (B15 of 2013)

Bills before the President (as of 3 September 2018)

  • Labour Relations Amendment Bill (B32 of 2017)
  • National Minimum Wage Bill (B31 of 2017)
  • Basic Conditions of Employment Amendment Bill (B30 of 2017)
  • Labour Laws Amendment Bill (B29 of 2017)

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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