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Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update February 2017

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Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update February 2017

8th March 2017

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Water Act 36 of 1998

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1. Implementation of measures to mitigate the impact of periodic storage of water in Richards Bay: declaration of the short-term and long-term interventions as an emergency government waterworks. Published in GG 40598 Notice Number 99 dated 6 February 2017.

2. Regulations requiring that the taking of water for irrigation purposes be measured, recorded and reported. Published in GG 40621 Notice Number 131 dated 17 February 2017.

National Environmental Management: Protected Areas Act 57 of 2003

3. Correction notice: land declared as part of the Golden Gate Highlands National Park. Published in GG 40621 Notice Number 123 dated 17 February 2017.

National Forests Act 84 of 1998

4. Declaration of a list of National Forest Types as Natural Forests. Published in GG 40660 Notice Number 167 dated 3 March 2017.

Statistics South Africa

5. Consumer Price Index (CPI) for January 2017. Published in GG 40637 Notice Number 145 dated 24 February 2017.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Compensation for Occupational Injuries and Diseases Act 130 of 1993

6. Rules, forms and particulars which shall be furnished in terms of the Act. Published in GG 40594 Notice Number 94 dated 3 February 2017.

Safety at Sports and Recreational Events Act 2 of 2010

7. Safety at Sports and Recreational Events Regulations 2017. Published in GG 40661 Notice Number 200 dated 3 March 2017.

National Land Transport Act 5 of 2009

8. National Land Transport Strategic Framework. Published in GG 40621 Notice Number 132 dated 17 February 2017.

Health Professions Act 56 of 1974

9. Annual fees payable by persons registered in terms of the Act. Published in GG 4025 Notice Number 10 dated 17 February 2017.

10. Rules relating to fees payable to the Council. Published in GG 40637 Notice Number 11 dated 24 February 2017.

Medicines and Related Substances Act 101 of 1965

11. Notice in terms of the Regulations relating to Medical Devices and In Vitro Diagnostics (IVDs). Published in GG 40637 Notice Number 157 dated 24 February 2017.

Agricultural Pests Act 36 of 1983

12. Amendment to the control measures. Published in GG 40622 Notice Number 133 dated 17 February 2017.

13. Amendment to the GN R111 Regulations. Published in GG 40622 Notice Number 134 dated 17 February 2017.

Plant Breeders Rights Act 15 of 1976

14. Amendment to the regulations relating to plant breeders rights. Published in GG 40621 Notice Number 121 dated 17 February 2017.

Animal Identification Act 6 of 2002

15. Amendment to the regulations. Published in GG 40660 Notice Number 181 dated 3 March 2017.

Animal Improvement Act 53 of 1976

16. Amendment to the regulations relating to establishments, varieties, plants and propagating material. Published in GG 40660 Notice Number 182 dated 3 March 2017.

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

National Environmental Management: Biodiversity Act 10 of 2004

17. Draft regulations for the domestic trade in Rhinoceros Horn, or a part, product or derivative of Rhinoceros Horn belonging to the species Diceros bicornis (Black Rhinoceros) and Ceratotherium simum (White Rhinoceros). Members of the public are invited to submit written comments within 30 days after the date of publication of the notice in the gazette. Published in GG 40601 Notice Number 74 dated 8 February 2017.

18. Notice of intention to prohibit activities relating to Rhinoceros Horn. Members of the public are invited to submit written comments within 30 days after the date of publication of the notice in the gazette. Published in GG 40601 Notice Number 77 dated 8 February 2017.

19. Draft norms and standards for the managing and monitoring of leopard in South Africa for trophy hunting purposes. Members of the public are invited to submit written comments within 30 days after the date of publication of the notice in the gazette. Published in GG 40601 Notice Number 75 dated 8 February 2017.

20. Proposed amendments to the Invasive Species List and proposed listing of species that are threatened or protected, restricted activities that are prohibited and exemption from restriction. Members of the public are invited to submit written comments within 30 days after the date of publication of the notice in the gazette. Published in GG 40601 Notice Number 76 dated 8 February 2017.

21. Draft Biodiversity Management Plan for the Clanwilliam Sandfish (Labeo Seeberi). 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 40621 Notice Number 120 dated 17 February 2017.

22. Extension of the commenting period for the Draft Biodiversity Management Plan for the Cape Mountain Zebra (Equus zebra zebra) originally published in GG 40464 Notice Number 1483 dated 2 December 2017. Any person who still wishes to submit written comments is invited to do so within 30 days from the date of publication of this notice. Published in GG 40660 Notice Number 184 dated 3 March 2017.

National Environmental Management: Protected Areas Act 57 of 2003

23. Notice of intention to declare certain land situated in the Eastern Cape Province as part of the Addo Elephant National Park. 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 40621 Notice Number 118 dated 17 February 2017.

24. Notice of intention to declare certain land situated in the Western Cape Province as part of the Table Mountain National Park. 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 40621 Notice Number 121 dated 17 February 2017.

25. Notice of intention to declare certain land situated in the Northern Cape Province as part of the Mokala National Park. 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 40621 Notice Number 122 dated 17 February 2017.

26. Notice of intention to declare certain land situated in the Northern and Western Cape Province as part of the Tankwa National Park. 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 40621 Notice Number 124 dated 17 February 2017.

27. Revision of Park Management Plans for the Karoo National Park and the Mokala National Park. Interested and affected parties will be given the opportunity to comment on these plans but are required to register first on the SANParks website. The due date for written comments is 23 March 2017. Published in GG 40637 Notice Number 136 dated 24 February 2017.

Ballast Water Management Bill 2017

28. Extension of period for public comments: the Bill was originally published in GG 36330 Notice Number 340 dated 3 April 2013 for a public comment period of 30 days. Interested persons and the general public are invited to submit written comments within 30 days after the publication of this extension notice. Published in GG 40614 Notice Number 111 dated 10 February 2017.

Marine Living Resources Act 18 of 1998

29. Draft policy on boat-based whale and dolphin watching. Interested persons are invited to submit written comments within 30 days from the date of publication in the government gazette. Published in GG 40626 Notice Number 145 dated 17 February 2017.

30. Draft policy on White Shark cage diving. Interested persons are invited to submit written comments within 30 days from the date of publication in the government gazette. Published in GG 40626 Notice Number 146 dated 17 February 2017.

National Environmental Management: Integrated Coastal Management Act 24 of 2008

31. Draft regulations: reclamation of land from coastal waters. Interested persons are invited to submit written comments within 30 days after the publication of these regulations in the gazette. Published in GG 40638 Notice Number 167 dated 24 February 2017.

National Water Act 36 of 1998

32. Proposed Zalu Dam – intention to construct a government waterworks. Interested parties are invited to submit written comments on the proposed waterworks and environmental impact assessment by 30 June 2017. Published in GG 40664 Notice Number 202 dated 3 March 2017.

Occupational Health and Safety Act 85 of 1993

33. Intention to incorporate the Code of Practice for zip line into the Driven Machinery Regulations 2015. Interested persons are invited to submit written comments within 90 days of publication of this notice. Published in GG 40622 Notice Number 136 dated 17 February 2017.

National Energy Regulator Act 40 of 2004

34. Draft language policy for the National Energy Regulator of South Africa (NERSA). Stakeholders and members of the public are invited to submit written comments by 7 March 2017. Published in GG 40618 Notice Number 112 dated 15 February 2017.

35. Proposed municipal tariff guideline increase, benchmark and proposed timelines for municipal tariff approval process for the 2017/18 financial year. Stakeholders are invited to submit written comments. The closing day for written comments is 20 March 2017. Published in GG 40653 Notice Number 163 dated 28 February 2017.

National Railway Safety Regulator Act 16 of 2002

36. 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 40637 Notice Number 166 dated 24 February 2017.

Tourism Act 3 of 2014

37. Draft regulations for the manner and procedure for dealing and lodging tourism complaints. Interested parties are invited to submit written comments within 60 days of publication of this notice. Published in GG 40637 Notice Number 146 dated 24 February 2017.

Health Professions Act 56 of 1974

38. Draft regulations relating to the registration of technicians in clinical technology. Interested persons are invited to submit written comments within 3 months from the date of publication of this notice. Published in GG 40637 Notice Number 156 dated 24 February 2017.

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

39. 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. Written comments must be submitted within 30 days of publication of this notice. Published in GG 40621 Notice Number 122 dated 17 February 2017.

Agricultural Product Standards Act 119 of 1990

40. Proposed inspection fees. Written comments must be submitted by no later than 30 days from the date of publication of this notice. Published in GG 40621 Notice Number 128 dated 17 February 2017.

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

Free-State Province

41. Phumelela Local Municipality: Municipal Land Use Planning By-law. Published in PG 106 Notice Number 317 dated 3 February 2017.

42. Mafube Local Municipality: Municipal Land Use Planning By-law. Published in PG 113 Notice Number 354 dated 17 February 2017.

North West Province

43. North West Province Consumer Affairs (Unfair Business Practices) Regulations which come into effect on the date of publication. Published in PG 7730 Notice Number 19 dated 7 February 2017.

44. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of land as a nature reserve: Boskopdam Nature Reserve. Published in PG 7734 Notice Number 28 dated 21 February 2017.

45. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of land as a nature reserve: Vaalkopdam Nature Reserve. Published in PG 7734 Notice Number 29 dated 21 February 2017.

46. National Environmental Management: Protected Areas Act 57 of 2003: Correction notice: Mafikeng Nature Reserve. Published in PG 7734 Notice Number 30 dated 21 February 2017.

47. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of land as a nature reserve: Molemane Eye Nature Reserve. Published in PG 7734 Notice Number 31 dated 21 February 2017.

48. National Environmental Management: Protected Areas Act 57 of 2003: Correction notice: Kgaswane Mountain Nature Reserve. Published in PG 7734 Notice Number 32 dated 21 February 2017.

KwaZulu-Natal Province

49. Umvoti Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1792 Notice Number 18 dated 16 February 2017.

50. Disaster Management Act 57 of 2000: Extension of the declaration of a provincial state of disaster. Published in PG 1791 Notice Number 14 dated 10 February 2017.

Eastern Cape Province

51. Nature and Environmental Conservation Ordinance 19 of 1974: Hunting season and daily bag limits for 2017. Published in PG 3798 Notice Number 15 and 17 dated 13 February 2017.

Mpumalanga Province

52. Gert Sibande District Municipality: Waste by-law. Published in PG 2780 Notice Number 2 dated 10 February 2017.

Western Cape Province

53. City of Cape Town Metropolitan Municipality: repeal of redundant by-laws adopted by former municipalities. Published in PG 7731 dated 10 February 2017.

54. Langeberg Municipality: adoption of Spatial Development Framework. Published in PG 7729 Notice Number 46 dated 10 February 2017.

Gauteng Province

55. Promotion of Access to Information Act 2 of 2000: Section 14 Manual: Gauteng Department of Economic Development. Published in PG 42 Notice Number 132 dated 22 February 2017.
Limpopo Province

56. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of land parcels as a nature reserve: Leopard Cave Safaris. Published in PG 2791 Notice Number 21 dated 24 February 2017.

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

Limpopo Province

57. National Environmental Management: Protected Areas Act 57 of 2003: Notice of intention to declare land parcels as a nature reserve. The public is invited to submit written comments within 90 days from the date of publishing this notice. Published in PG 2791 Notice Number 16 dated 24 February 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 March 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

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