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Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update May 2018

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Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update May 2018

6th June 2018

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management: Air Quality Act 39 of 2004

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Amendment of the National Pollution Prevention Plans Regulations, 2017. Published in GG 41642 Notice Number 513 dated 22 May 2018.

National Forests Act 84 of 1998

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Declaration of portion of the Farm Kathu 465, Northern Cape, as a Forest Nature Reserve. Published in GG 41667 Notice Number 294 dated 1 June 2018.

Electricity Act 41 of 1987

License Fees payable by Licensed Generators of Electricity. Published in GG 41615 Notice Number 474 dated 8 May 2018.

National Nuclear Regulator Act 47 of 1999

Fees for nuclear authorisations. Published in GG 41632 Notice Number 492 dated 18 May 2018.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Occupational Health and Safety Act 85 of 1993

Amendment to the Incorporation of Safety Standards into Driven Machinery Regulations, 2015. Published in GG 41622 Notice Number 483 dated 11 May 2018.

Amendment to the Incorporation of Safety Standards into Lift, Escalator and Passengers Conveyor Regulations, 2010. Published in GG 41622 Notice Number 484 dated 11 May 2018.

National Railway Safety Regulator Act 16 of 2002

Determination of permit fees. Published in GG 41621 Notice Number 481 dated 11 May 2018.

Determination of the format, form and content of a safety management system as well as the form, content and manner of submission of a safety management system report. Published in GG 41632 Notice Number 502 dated 18 May 2018.

Medicines and Related Substances Act 101 of 1965

Rejection of application for registration in respect of a medicine. If no response is received within 30 days of publication the applications referred to will be rejected. Published in GG 41651 Notice Number 532 dated 25 May 2018.

Agricultural Pests Act 36 of 1983

Amendment to Importation of Controlled Goods without a Permit Regulations. Published in GG 41622 Notice Number 482 dated 11 May 2018.

Plant Breeders’ Rights Act 15 of 1976

Receipt of applications for Plant Breeders’ Rights. Published in GG 41632 Notice Number 489 dated 18 May 2018.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL

Draft National Legislation and Regulations

National Environmental Management: Waste Act 59 of 2008

Consultation on the proposed Industry Waste Tyre Management Plans. Members of the public are invited to submit written comments within 30 days from the date of publication of this notice in the Government Gazette. Published in GG 41612 Notice Number 472 dated 7 May 2018.

National Environmental Management Air Quality Act 39 of 2004

Notice of intention to amend the List of Activities which result in Atmospheric Emission which have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage. Members of the public are invited to submit written comments within 30 days from the date of the publication of this notice in the Gazette. Published in GG 41650 Notice Number 516 dated 25 May 2018.

Draft National Dust Control Regulations. Members of the public are invited to submit written comments within 30 days from the date of the publication of this notice in the Gazette. Published in GG 41650 Notice Number 517 dated 25 May 2018.

Notice of intention to amend the 2012 National Framework for Air Quality Management in the Republic of South Africa. Members of the public are invited to submit written comments within 30 days from the date of the publication of this notice in the Gazette. Published in GG 41650 Notice Number 518 dated 25 May 2018.

Basic Conditions of Employment Act 75 of 1997

Draft regulations to the National Minimum Wage Bill 2017. Interested parties are invited to submit written comments by no later than 20 June 2018. Published in GG 41663 Notice Number 542 dated 30 May 2018.

Special Economic Zones Act 16 of 2014

Proposed designation of the Nkomazi Special Economic Zone. Members of the public may submit their comments to this notice within 30 days from the date of its publication. GG 41632 Notice Number 501 dated 18 May 2018.

Standards Act 8 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 41632 Notice Number 254 dated 18 May 2018 and GG 41650 Notice Number 280 and 281 dated 25 May 2018.

Integrated Planning Framework Bill 2018

The Department of Planning, Monitoring and Evaluation invites comments on the Bill. The closing date for comments is 4 June 2018.  Published in GG 41610 Notice Number 471 dated 4 May 2018, in GG 41614 Notice Number 473 dated 7 May 2018 and in GG 41618 Notice Number 476 dated 9 May 2018.

Control of Tobacco Products and Electronic Delivery Systems Bill 2018

Interested persons are invited to submit written comments within 3 months of publication of this notice. Published in GG 41617 Notice Number 475 dated 9 May 2018.

Aquaculture Development Bill 2018

Publication of Explanatory Summary of the Aquaculture Development Bill, 2018. GG 41632 Notice Number 248 dated 18 May 2018.

National Health Amendment Bill 2018

Notice of intention to introduce the National Health Amendment Bill 2018. Interested parties and institutions are invited to submit written representations on the proposed content of the draft Bill within 30 days of the publication of this notice. GG 41657 Notice Number 287 dated 25 May 2018.

Animal Diseases Act 35 of 1984

 Draft Veterinary Procedural Notice for African Swine Fever Control in South Africa. Interested institutions, organisations and individuals are invited to submit written comments within 60 days from the date of publication.  GG 41632 Notice Number 490 dated 18 May 2018.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL

Provincial Legislation and Municipal By-Laws

Western Cape Province

Adoption of the 2017/2018 Cape Town Municipal Spatial Development Framework (MSDF). Published in PG 7925 dated 9 May 2018.

Swellendam Municipality: By-Law Relating to the Prevention of Public Nuisances and Control over the Keeping of Animals. Published in PG 7926 dated 9 May 2018.

City of Cape Town: Electricity Supply Amendment By-Law, 2017. Published in PG 7927 dated 11 May 2018.

Langeberg Municipality: Integrated Zoning Scheme By-law. Published in PG 7929 Notice Number 71 dated 18 May 2018.

Breede Valley Municipality: Approved of the Spatial Development Framework (SDF). Published in PG 7930 dated 18 May 2018.

City of Cape Town Metropolitan Municipality: Extension of a Local State Disaster as a result of the devastating fire on 11 March 2017 in the Imizamo-Yethu informal settlement situated within Hout Bay. Published in PG 7930 dated 18 May 2018.

City of Cape Town Metropolitan Municipality: Extension of Declaration of a Local State Disaster as a result of drought conditions. Published in PG 7930 dated 18 May 2018.

Department of Environmental Affairs and Development Planning: Erratum: Declaration of the Moutonshoek Protected Environment. Published in PG 7932 Notice Number 74 dated 18 May 2018.

Mpumalanga Province

Local Government: Municipal Systems Act 32 of 2000: Publication of Municipal By-laws. Published in PG 2926 Notice Number 54 dated 18 May 2018:

Lekwa Local Municipality

  1. Electricity Supply By-law.
  2. Advertising Signs By-law.
  3. Encroachment on Municipal Properties By-law.
  4. Public Participation By-law.
  5. Street Trading By-law.
  6. Contaminated Waste By-law.
  7. Cemetery By-law.
  8. Taxi By-law.
  9. Informal Settlements By-law.
  10. Open Spaces By-law.

Chief Albert Luthuli Local Municipality

  1. Electricity Supply By-law.
  2. Fire Brigade Service By-law.
  3. Sanitation By-law.
  4. Waste Management By-law.
  5. Water Supply By-law.

Mkhondo Local Municipality

  1. Control of Outdoor Advertising By-law.
  2. Encroachment on Municipal Properties By-law.

KwaZulu-Natal Province

Local Government: Municipal Systems Act 32 of 2000: Newcastle Municipality - Waste Management By-Law. Published in PG 1949 Notice 32 dated 3 May 2018.

KwaZulu-Natal Road Traffic Act 7 of 1997: Amendment of Road Traffic Regulations. Published in PG 1951 Notice 41 dated 10 May 2018.

KwaZulu-Natal Nature Conservation Board: Correction notice for various provincial gazettes. Published in PG 1951 Notice 42 dated 10 May 2018.

Gauteng Province

Lesedi Local Municipality: Public Health By-Law. Published in PG 123 Notice 416 dated 2 May 2018.

Lesedi Local Municipality: Cemetery and Crematoria By-law. Published in PG 123 Notice 417 dated 2 May 2018.

Lesedi Local Municipality: Police Services By-Law. Published in PG 123 Notice 418 dated 2 May 2018.

Lesedi Local Municipality: Solid Waste By-law. Published in PG 123 Notice 419 dated 2 May 2018.

Lesedi Local Municipality: Water Supply By-Law. Published in PG 123 Notice 420 dated 2 May 2018.

Lesedi Local Municipality: Signs and Advertising Hoardings: By-law. Published in PG 123 Notice 421 dated 2 May 2018.

Gauteng Provincial Road Traffic Act 10 of 1997: Gauteng Provincial Road Traffic Amendment Regulations, 2018. Published in PG 132 Notice 469 dated 14 May 2018.

Disaster Management Act 57 of 2002: City of Johannesburg Metropolitan Municipality: extension of the duration of the local state of disaster relating to the severe storm on 30 December 2017. Published in PG 144 Notice 516 dated 25 May 2018.

Disaster Management Act 57 of 2002: City of Johannesburg Metropolitan Municipality: extension of the duration of the local state of disaster. Published in PG 141 Notice 761 dated 21 May 2018.

Mogale City Local Municipality: Spatial Planning and Land Use Management By-Law. Published in PG 146 Notice Number 529 dated 30 May 2018.

City of Johannesburg Metropolitan Municipality: Outdoor Advertising By-Law. Published in PG 146 Notice Number 855 dated 30 May 2018.

Limpopo Province

Local Government: Municipal Structures Act 117 of 1998: Repeal of By-laws of the Disestablished Mutale Local Municipality. Published in PG 2906 Notice 65 dated 18 May 2018.

Constitution of the Republic of South Africa Act: Capricorn District Municipality: Air Quality Management By-law. Published in PG 2905 Notice 80 dated 18 May 2018.

Capricorn District Municipality: Municipal Health Services By-Law. Published in PG 2905 Notice 62 dated 18 May 2018.

Local Government: Municipality Systems Act 32 of 2000: Polokwane Local Municipality: Municipal Planning By-Law, 2017. The by-law will come into effect on 2 July 2018. Published in PG 2905 Notice 58 dated 18 May 2018.

Musina Local Municipality: Cemeteries and Crematoria By-Law. Published in PG 2908 Notice 41 dated 18 May 2018.

North West Province

The North West Biodiversity Permit Administration Fees 2018. Published in PG 7889 Notice Number 59 dated 30 May 2018.

Mahikeng Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 7886 Notice Number 46 dated 22 May 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: Revision of the Spatial Development Framework (SDF) for the Kgatelopelo Municipality KLM2017/18/016. Published in PG 2182 Notice 59 dated 21 May 2018.

KwaZulu-Natal Province

Draft KwaZulu-Natal Coastal Management Programme and Draft List of Public Launch Sites in KwaZulu-Natal. Members of the public are invited to submit written comments within 30 days after the publication of this notice. Published in PG 1951 Notice 18 dated 10 May 2018.

Western Cape Province

Stellenbosch Municipality: Draft Problem Properties By-Law. The closing date for receipt of comments is 10 August 2018. Published in PG 7927 dated 11 May 2018.

Limpopo Province

Draft Municipal Spatial Development Framework for the Collins Chabane Local Municipality. All interested and affected parties are invited to submit written comments within 60 days after the publication of this notice. Published in PG 2905 Notice Number 79 dated 18 May 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 1 June 2018)

  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. South African National Roads Agency Limited and National Roads Amendment Bill (B20 of 2017)
  6. National Environmental Management Laws Amendment Bill (B14 of 2017)
  7. Marine Spatial Planning Bill (B9 of 2017)
  8. National Forests Amendment Bill (B11 of 2016)
  9. National Land Transport Amendment Bill (B7 of 2016)
  10. Plant Improvement Bill (B8 of 2015)
  11. Plant Breeders Rights Bill (B11 of 2015)
  12. 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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