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Warburton Attorneys monthly sustainability legislation, regulation and parliamentary update – June 2017

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Warburton Attorneys monthly sustainability legislation, regulation and parliamentary update – June 2017

5th July 2017

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SECTION A:  ENVIRONMENTAL (NATIONAL)

Mineral and Petroleum Resources Development Act 28 of 2002

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1. Broad-Based Black Socio-Economic Empowerment Charter for the South African Mining and Minerals Industry 2017 (Reviewed Mining Charter 2017). Published in GG 40923 Notice Number 581 dated 15 June 2017. 

2. Prohibition or restriction of prospecting or mining in the Xolobeni area in the Eastern Cape Province. Published in GG 40898 Notice Number 546 dated 9 June 2017.

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National Environmental Management: Waste Act 59 of 2008

3. High Court grants Minister of Environmental Affairs an order to wind down and liquidate the Recycling and Economic Development Initiative of South Africa (REDISA). Published in GG 40890 Notice Number 530 dated 5 June 2017.

National Environmental Management: Biodiversity Act 10 of 2004

4. Declaration notice of the extension of the Harold Porter National Botanical Garden. Published in GG 40898 Notice Number 541 dated 9 June 2017.

National Water Act 36 of 1998

5. Lifting of various water restrictions for various stand-alone dams and systems in Limpopo, Mpumalanga, North West and Free State Provinces. Published in GG 40919 Notice Number 575 dated 15 June 2017.

World Heritage Convention Act 49 of 1999

6. Declaration of a management authority for the Richtersveld Cultural and Botanical Landscapes World Heritage Site. Published in GG 40898 Notice Number 542 dated 9 June 2017.

Merchant Shipping Act 57 of 1951

7. Maritime Labour Certificate and Declaration of Compliance Regulations 2017. Published in GG 40893 Notice Number 534 dated 6 June 2017.

Petroleum Products Act 120 of 1977

8. Amendment to the Regulations regarding Petroleum Products Specifications and Standards. Published in GG 40929 Notice Number 582 dated 23 June 2017.

Gas Regulator Levies Act 75 of 2002

9. Levy and interest payable on the piped-gas industry. Published in GG 40950 Notice Number 621 dated 30 June 2017.

Petroleum Pipeline Levies Act 28 of 2004

10. Levy and interest payable on the petroleum pipelines industry. Published in GG 40950 Notice Number 622 dated 30 June 2017.

Broad-Based Black Economic Empowerment Act 53 of 2003

11. Threshold for major broad-based black economic empowerment transactions. Published in GG 40898 Notice Number 551 dated 9 June 2017.

12. Amended to the Property Sector Code. Published in GG 40910 Notice Number 560 dated 9 June 2017.

13. Correct notice to the amended to the Property Sector Code. Published in GG 40941 Notice Number 481 dated 28 June 2017.

Statistics South Africa

14. Consumer Price Index (CPI):
a. March 2017. Published in GG 40898 Notice Number 444 dated 9 June 2017.
b. April 2017. Published in GG 40898 Notice Number 445 dated 9 June 2017.
c. May 2017: Published in GG 40945 Notice Number 488 dated 30 June 2017.


SECTION B: SAFETY AND HEALTH (NATIONAL)

National Health Act 61 of 2003

15. Regulations relating to Emergency Care at Mass Gathering Events. Published in GG 40919 Notice Number 566 dated 15 June 2017.

Pharmacy Act 53 of 1974

16. Amendment to the Rules relating to Good Pharmacy Practice. Published in GG 40892 Notice Number 431 dated 6 June 2017.

17. Rules relating to the service for which a pharmacist may levy a fee and guidelines for levying such a fee. Published in GG 40892 Notice Number 432 dated 6 June 2017.

18. Fees payable to the Council under the Act. Published in GG 40892 Notice Number 433 dated 6 June 2017.

Nursing Act 33 of 2005

19. Notice regarding fees payable to the Council in terms of the Regulations Regarding Fees and Fines payable to the South African Nursing Council. Published in GG 40931 Notice Number 598 dated 23 June 2017.

Civil Aviation Act 13 of 2009

20. Correction notice to the 17th Amendment to the Civil Aviation Regulations which were published in GG 40870 Notice Number 474 dated 29 May 2017. Published in GG 40947 Notice Number 620 dated 30 June 2017.

Standards Act 8 of 2008

21. Issue of new SANS Standards, revision of SANS Standards and cancelled SANS Standards. Published in GG 40945 Notice Number 491 dated 30 June 2017.

Plant Breeders’ Rights Act 15 of 1976

22. Receipts of applications for Plant Breeders Rights (July 2016 – September 2016). Published in GG 40898 Notice Number 536 dated 9 June 2017.

23. Receipts of applications for Plant Breeders Rights (October 2016 – December 2016). Published in GG 40919 Notice Number 564 dated 15 June 2017.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

24. Enforcement by local authority. Published in GG 40940 Notice Number 602 dated 28 June 2017.

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

National Health Act 61 of 2003

25. White Paper on the National Health Insurance Policy. Published in GG 40955 Notice Number 627 dated 30 June 2017.

26. Proposed regulations relating to the surveillance and the control of notifiable medical conditions. Interested persons are invited to submit written comments within 3 months of this notice. Published in GG 40945 Notice Number 604 dated 30 June 2017.

National Environmental Management Act 107 of 1998

27. Proposed regulations to phase-out the use of persistent organic pollutants. Members of the public are invited to submit written comments within 60 days of publication of this notice. Published in GG 40954 Notice Number 626 dated 30 June 2016.

Marine Living Resources Act 18 of 1998

28. Proposed fees payable in respect of applications and the issuing of rights, permits and licenses in the small-scale fishery sector. Interested parties are requested to submit written comments within 30 days from the date of publication of this notice. Published in GG 40906 Notice Number 558 dated 9 June 2017.

Department of Environmental Affairs

33. Draft Third National Communication Report for the Republic of South Africa to the United Nations Framework Convention on Climate Change (UNFCCC). Members of the public are invited to submit written comments within 30 days of publication of the notice. Published in GG 40949 Notice Number 497 dated 30 June 2017.

National Forests Act 84 of 1998

34. Proposed List of Particular Trees and Particular Groups of Trees “Champion Trees”. Interested and affected parties are invited to submit written comments within 60 days of the publication of this notice. Published in GG 40945 Notice Number 482 dated 30 June 2017.

National Energy Regulator Act 40 of 2004

35. Nomination of candidates to serve as full time regulator members responsible for electricity regulation and petroleum pipelines regulation of the National Energy Regulator of South Africa (NERSA). Nominations must reach NERSA by 14 July 2017. Published in GG 40931 Notice Number 598 dated 23 June 2015.

National Railway Safety Regulator Act 16 of 2002

36. Draft Security Matters Regulations 2017. Interested persons are invited to submit written comments within 60 days after the date of publication of this notice. Published in GG 40945 Notice Number 617 dated 30 June 2017.

37. Draft Regulations regarding Infrastructure or Activity affecting Safe Railway Operations 2017. Interested persons are invited to submit written comments within 60 days after the date of publication of this notice. Published in GG 40945 Notice Number 618 dated 30 June 2017.

Pharmacy Act 53 of 1974

38. Proposed amendment to the Rules relating to Good Pharmacy Practice. Interested parties are requested to submit written comments within 30 days from the date of publication of this notice. Published in GG 40892 Notice Number 434 dated 6 June 2017.

National Health Act 61 of 2003

39. Proposed Regulations relating to Human Gamete Banks. Interested parties are requested to submit written comments within one month of this notice. Published in GG 40903 Notice Number 556 dated 9 June 2017.

Statistics South Africa

40. Draft standards published for public comment. Published in GG 40945 490 dated 30 June 2017.

Agricultural Product Standard Act 119 of 1990

41. Proposed regulations regarding assignees: Inspections and Fees. Interested parties are requested to submit written comments within 30 days from the date of publication of this notice. Published GG 40899 Notice Number 552 dated 9 June 2017.

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

Limpopo Province

42. Bela-Bela Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2827 Notice Number 57 dated 23 June 2017.

43. Ephraim Mogale Local Municipality:
a. Outdoor advertising and signage by-law. Published in PG 2826 Notice Number 73 dated 23 June 2017.
b. Land Use Management By-law. Published in PG 2826 Notice Number 72 dated 23 June 2017.

44. Musina Local Municipality: repeal of by-laws of the disestablished Mutale Local Municipality. Published in PG 2829 Notice Number 63 dated 30 June 2017.

North-West Province

45. Dr Kenneth Kaunda District Municipality: Municipal Health and Environmental Management Services: Licence Fees By-law. Published in PG 7773 Notice Number 101 dated 13 June 2017.

Free-State Province

46. Amendment of the declaration of the Seekoeivlei Nature Reserve. Published in PG 26 Notice Number 54 dated 9 June 2017.

Western Cape Province

47. Swellendam Municipality: Adoption of Municipal Spatial Development Framework. Published in PG 7780 dated 9 June 2017.

48. Drakenstein Municipality: declaration of a local state of disaster. Published in PG 7785 Notice Number 128 dated 23 June 2017.

49. Amendment to the Beaufort West Local Municipality: Municipal Land Use Planning By-law. Published in PG 7782 Notice Number 56 dated 15 June 2017.

Mpumalanga Province

50. Amendment to the Ehlanzeni District Municipality Municipal Health By-law. Published in PG 2817 Notice Number 54 dated 2 June 2017.

Kwa-Zulu Natal Province

51. eThekwini Metropolitan Municipality: adoption of the Municipal Spatial Development Framework 2017 – 2018. Published in PG 1845 Notice Number 75 dated 3 July 2017.

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

Gauteng Province

52. City of Johannesburg Metropolitan Municipality: Draft Special Ratings Area By-law. Written comments must be submitted within 30 days from date of publication of this notice. Published in PG 136 Notice Number 817 dated 9 June 2017.

Limpopo Province

53. Proposed Spatial Development Framework for the Greater Tzaneen Municipality. Written comments must be lodged by no later than 16:00 on 7 August 2017. Published in GG 2819 Notice Number 62 dated 9 June 2017.

54. Notice of intention to withdraw from the declaration of part of private nature reserves in the Limpopo Province. Members of the public are invited to submit written comments within 60 days of the publication of this notice. Published in PG 2826 Notice Number 83.

Western Cape Province

55. National Heritage Resources Act 25 of 1999: application for the demolition of all structures on a property known as The Lady Hamilton Hotel. Any person wishing to object or comment on the application must be submitted by 9 July 2017. Published in PG 7780 dated 9 June 2017.

56. Intention to declare nature reserves. Members of the public are invited to submit written comments 60 days from the date of publication of this notice. Published in PG 7785 dated 23 June 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 July 2017):

1. National Environmental Management Laws Amendment Bill (B14 of 2017)
2. Marine Spatial Planning Bill (B9 of 2017)
3. National Veld and Forest Fire Amendment Bill (B22 of 2016)
4. National Forests Amendment Bill (B11 of 2016)
5. National Land Transport Amendment Bill (B7 of 2016)
6. Plant Improvement Bill (B8 of 2015)
7. Plant Breeders Rights Bill (B11 of 2015)
8. 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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