SECTION A:  ENVIRONMENTAL (NATIONAL)

National Energy Regulator Act 40 of 2004

1. Notice on the public hearings on Eskom’s Regulatory Clearing Account (RCA) application. Published in GG 39584 Notice Number 4 dated 8 January 2016.

National Water Act 36 of 1998

2. Establishment of the Vaal River Catchment Management Agency. Published in GG 39636 Notice Number 81 dated 29 January 2016.

Consumer Price Index

3. Consumer Price Index (CPI) for December 2015. Published in GG 39636 Notice Number 42 dated 29 January 2016.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Medicines and Related Substances Amendment Act 14 of 2015

4. The President has assented to the Act and it has been published for general information. The Act will come into operation immediately after the commencement of the Medicines and Related Substances Amendment Act 72 of 2008. Published in GG 39585 Notice Number 19 dated 8 January 2016.

5. Annual adjustment of the single exit price of medicines and scheduled substances for the year 2016. Published in GG 39594 Notice Number 24 dated 13 January 2016.

6. Information to be provided by manufactures and/or importers of medicines and scheduled substances when applying for the single exit price adjustment for 2016.  Published in GG 39594 Notice Number 25 dated 13 January 2016.

Basic Conditions of Employment Act 75 of 1997

7. Correction notice to the Sectoral Determination 6: Private Security Sector (originally published in GG 39156 of 1 September 2015). Published in GG 39602 Notice Number 3 dated 18 January 2016.

Standards Act 8 of 2008

8. Issue of new SANS Standards. Published in GG 39636 Notice Number 43 dated 29 January 2016.

Agricultural Product Standards Act 119 of 1990

9. Regulations relating to the grading, packing and marking of sorghum intended for sale in the Republic of South Africa. Published in GG 39580 Notice Number 15 dated 1 January 2016.

10. Amendment to the standards and requirements regarding control of the export of pears. Published in GG 39598 Notice Number 8 dated 15 January 2016.

11. The South African Meat Industry Company: Correction notice. Published in GG 39598 Notice Number 9 dated 15 January 2016.

12. Amendment to the standards and requirements regarding control of the export of apples. Published in GG 39598 Notice Number 27 dated 15 January 2016.

13. Regulations regarding the control of the export of tree nuts. Published in GG 39610 Notice Number 2 dated 22 January 2016 and in GG 39627 Notice Number 65 dated 29 January 2016.

14. Regulations regarding the control of the export of tree nuts. Published in GG 39627 Notice Number 65 dated 29 January 2016.

15. Regulations relating to the grading, packing and marking of maize products intended for sale in the Republic of South Africa. Published in GG 39613 Notice Number 3 dated 22 January 2016 and in GG 39627 Notice Number 63 dated 29 January 2016.

16. Amendment to the standards and requirements regarding control of the export of apples. Published in GG 39613 Notice Number 13 dated 22 January 2016.

17. Regulations relating to the grading, packing and marking of durum wheat intended for sale in the Republic of South Africa. Published in GG 39613 Notice Number 43 dated 22 January 2016.

18. Regulations relating to the grading, packing and marking of soft wheat intended for sale in the Republic of South Africa. Published in GG 39613 Notice Number 44 dated 22 January 2016.

19. Regulations relating to the grading, packing and marking of sunflower seed intended for sale in the Republic of South Africa. Published in GG 39613 Notice Number 45 dated 22 January 2016.

20. Regulations relating to the grading, packing and marking of bread wheat intended for sale in the Republic of South Africa. Published in GG 39627 Notice Number 64 dated 27 January 2016.

21. Amendment to the Control Measures. Published in GG 39627 Notice Number 66 dated 29 January 2016.

22. Amendment to the Regulations. Published in GG 39627 Notice Number 67 dated 29 January 2016.

Marketing of Agricultural Products Act 47 of 1996

23. Establishment of a statutory measure – registration of milk producers. Published in GG 39613 Notice Number 42 dated 22 January 2016.

24. Establishment of a statutory measure – records and returns by milk producers. Published in GG 39613 Notice Number 46 dated 22 January 2016.

25. Amendment of statutory measures for sorghum, winter cereal, maize and oilseeds. Published in GG 39627 Notice Number 68 dated 29 January 2016.

26. Invitation to register as a directly affected group. Published in GG 39636 Notice Number 36 dated 29 January 2016.

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

27. Tariffs, rates and scales for services, goods and supplies provided by the Department of Agriculture, Forestry and Fisheries. Published in GG 39613 Notice Number 47 dated 22 January 2016.

Subdivision of Agriculture Land Act 70 of 1970

28. Exclusion of land in the district of Mossel Bay from the application of the Act. Published in GG 39636 Notice Number 73 dated 29 January 2016.

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

National Environmental Management: Air Quality Act 39 of 2004

29. Draft National Pollution Prevention Plan Regulations. Members of the public are invited to submit written comments within 30 days after the publication of the notice. Published in GG 39578 Notice Number 5 dated 8 January 2015.

30. Intention to declare Greenhouse Gases as Priority Air Pollutants. Members of the public are invited to submit written comments within 30 days after the publication of the notice. Published in GG 39578 Notice Number 6 dated 8 January 2015.

National Environmental Management: Biodiversity Act 10 of 2004

31. Draft amendment to the norms and standards for the marking of rhinoceros and rhinoceros horn and for the hunting of rhinoceros for trophy hunting purposes. Members of the public are invited to submit written comments within 30 days after the publication of this notice. Published in GG 39589 Notice Number 5 dated 12 January 2016.

32. Notice of bioprospecting permit applications submitted by the University of Pretoria. Information in terms of this application must be submitted within 30 days after publication of the notice in the gazette. Published in GG 39620 Notice Number 20 dated 25 January 2016.

National Water Act 36 of 1998

33. Proposed classes of water resources and resource quality objectives for the Letaba Catchment. Interested persons are requested to submit written comments within 60 days from the date of publication of this notice. Published in GG 39614 Notice Number 54 dated 22 January 2016.

34. Proposed classes of water resources and resource quality objectives for the catchments of the Inkomati. Interested persons are requested to submit written comments within 60 days from the date of publication of this notice. Published in GG 39614 Notice Number 55 dated 22 January 2016.

35. Proposal for the establishment of the Orange Catchment Management Agency. All interested persons are invited to submit written comments on the proposal which is available for a period of 60 days. Published in GG 39636 Notice Number 79 dated 29 January 2016.

36. Proposal for the establishment of the Mzimvubu-Tsitsikama Catchment Management Agency. All interested persons are invited to submit written comments on the proposal which is available for a period of 60 days. Published in GG 39636 Notice Number 80 dated 29 January 2016.

African Exploration Mining and Finance Corporation Bill 2015

37. Interested and affected parties are invited to submit written comments on the draft bill within 60 days of publication of this notice. Published in GG 39615 Notice Number 56 dated 22 January 2016.

Consumer Protection Act 68 of 2008

38. Draft Industry Code for the Franchise Industry of South Africa. The comment period closes within 30 official days after publication of this notice in the gazette. Published in GG 39631 Notice Number 33 dated 29 January 2016.

National Public Health Institution Bill of South Africa 2015 and National Health Laboratory Service Amendment Bill 2015

39. Extension of the public comment period of the Bills as stipulated in Government Gazette 39414 Notice Number 1125 dated 13 November 2015 to 31 March 2016. Published in GG 39622 Notice Number 62 dated 26 January 2016.

Perishable Products Export Control Bill 2015

40. All interested institutions, organisations and individuals are invited to submit written comments within 30 days of the date of the publication of this notice. Published in GG 39593 Notice Number 7 dated 15 January 2016.

41. The Perishable Products Export Control Act, 1983 (Act No. 9 of 1983) is intended to be repealed and replaced by the Perishable Products Export Control Bill, 2015.  Published in GG 39593 Notice Number 6 dated 15 January 2016.

Agricultural Product Standards Act 119 of 1990

42. Proposed regulations relating to the grading, packing and marking of pineapples intended for sale in the Republic of South Africa. All interested institutions, individuals and organisations are invited to submit written comments within 30 days from the date of publication of this notice. Published in GG 39613 Notice Number 12 dated 22 January 2016.

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

KwaZulu-Natal Province

43. Umhlabuyalingana Local Municipality: By-law on Waste Management. Published in PG 1581 Notice Number 9 dated 14 January 2016.

44. Richmond Municipality: Spatial Planning and Land Use Management By-Law. Published in PG 1579 Notice Number 1 dated 15 January 2016.

45. Umshwathi Municipality: Spatial Planning and Land Use Management By-Law. Published in PG 1579 Notice Number 2 dated 15 January 2016.

46. Endumeni Local Municipality: Spatial Planning and Land Use Management By-Law. Published in PG 1579 Notice Number 3 dated 15 January 2016.

47. Umgeni Municipality: Spatial Planning and Land Use Management By-Law. Published in PG 1579 Notice Number 4 dated 15 January 2016.

48. Mpofana Municipality: Spatial Planning and Land Use Management By-Law. Published in PG 1579 Notice Number 5 dated 15 January 2016.

49. Impendle Municipality: Spatial Planning and Land Use Management By-Law. Published in PG 1579 Notice Number 6 dated 15 January 2016.

50. Mkhambathini Local Municipality: Spatial Planning and Land Use Management By-Law. Published in PG 1579 Notice Number 7 dated 15 January 2016.

51. Hibiscus Coast Municipality: Spatial Planning and Land Use Management By-Law. Published in PG 1580 Notice Number 3 dated 15 January 2016.

52. Umuziwabantu Municipal Planning and Land Use Management By-law. Published in PG 1591 Notice Number 14 dated 22 January 2016.

53. Newcastle Municipality: Outdoor Advertising By-law. Published in PG 1588 Notice Number 11 dated 21 January 2016.

54. Kwa Dukuza Municipality: Amendments to the Electricity By-law. Published in PG 1593 Notice Number 16 dated 28 January 2016.

55. KwaZulu-Natal Road Traffic Act 7 of 1997: Amendment of the Road Traffic Regulations. Published in PG 1595 Notice Number 20 dated 29 January 2016.

Mpumalanga Province

56. Emalahaleni Local Municipality: Solid Waste Management By-law. Published in PG 2632 Notice Number 1 dated 13 January 2016.

57. Emalahaleni Local Municipality: Noise Control By-law. Published in PG 2632 Notice Number 2 dated 13 January 2016.

58. The Thaba Chweu Spatial Planning and Land Use Management By-law. Published in PG 2635 Notice Number 7 dated 19 January 2016.

59. Steve Tshwete Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2633 Notice Number 2 dated 15 January 2016.

60. Mpumalanga Nature Conservation Act 10 of 1998: Open season: ordinary game. Published in PG 2636 Notice Number 1 dated 19 January 2016.

Eastern Cape Province

61. Disaster Management Act 57 of 2002: Declaration of local state of disaster. Published in PG 3582 Notice Number 2 dated 22 January 2016.

Northern Cape Province

62. Dikgatlong Local Municipality: Adoption of the Land Use Management By-law. Published in PG 1982 Notice Number 4 dated 25 January 2016.

63. Disaster Management Act 57 of 2002: Declaration of provincial state of drought disaster. Published in PG 1983 Notice Number 5 and 6 dated 29 January 2016.

Western Cape Province

64. Commencement of the Western Cape Land Use Planning Act 3 of 2014 in certain municipal areas. Published in PG 7558 Notice Number 2 dated 1 February 2016.

Gauteng Province

65. Lesedi Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 22 Notice Number 76 dated 27 January 2016.

Free-State Province

66. Nala Local Municipality: Municipal Land Use Planning By-law. Published in PG 140 Notice Number 185 dated 29 January 2016.

67. Tswelopele Local Municipality: Municipal Land Use Planning By-law. Published in PG 140 Notice Number 186 dated 29 January 2016.

North West Province

68. Rustenburg Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 7600 Notice Number 14 dated 29 January 2016.

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

Western Cape Province

69. Saldanha Bay Industrial Development Zone Bill 5 of 2015. Any person or orgainsation who wishes to submit comments must do so in writing on or before 4 February 2016. Published in PG 7552 Notice Number 1 dated 7 January 2016.

70. Draft Western Cape Coastal Management Programme. Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in PG 7553 Notice Number 2 dated 15 January 2016.

71. Western Cape Nature Conservation Board: intention to declare the Moutonshoek Protected Environment. Members of the public are invited to submit written comments within 30 days from the date of this notice. Published in PG 7553 Notice Number 3 dated 15 January 2016.

72. Bergrivier Municipality: Draft Integrated Zoning Scheme By-law. Written comments must be submitted by no later than 15 February 2016. Published in PG 7553 dated 15 January 2016. 

Eastern Cape Province

73. Elundini Municipality: proposed adoption of the Land Use Planning By-law. Comments, objections or representations must be submitted no later than 21 days from the date of notice. Published in PG 3578 Notice Number 1 dated 18 January 2016.

74. Notice of intention to adopt the coastal setback lines in terms of the National Environmental Management: Integrated Coastal Management Act 24 of 2008. Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in PG 3584 Notice Number 8 dated 1 February 2016.

75. Notice of intention to adopt the Estuarine Management Plan for the Nahoon Estuary in terms of the National Environmental Management: Integrated Coastal Management Act 24 of 2008. Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in PG 3584 Notice Number 9 dated 1 February 2016.

Gauteng Province

76. Draft Spatial Development Framework for the City of Johannesburg Metropolitan Municipality. Written comments must be submitted within 60 days from the date of publication of the notice. Published in PG 27 Notice Number 59 dated 27 January 2016.

77. City of Johannesburg Metropolitan Municipality: Draft Municipal Planning By-law. Written comments must be submitted within 30 days from the date of publication of this notice. Published in PG 30 Notice Number 61 dated 29 January 2016.

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 February 2016):

1. Plant Improvement Bill (B8 of 2015)
2. Plant Breeders Rights Bill (B11 of 2015)
3. 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