SECTION A:  ENVIRONMENTAL (NATIONAL)

Marine Living Resources Act 18 of 1998

1. Declaration of the Prince Edward Islands Marine Protected Area under section 43 of the Act. Published in GG 36307 Notice Number 251 dated 5 April 2013.

2. Regulations for the management of the Prince Edward Islands Marine Protected Area. Published in GG 36307 Notice Number 252 dated 5 April 2013.

National Energy Regulator Act 40 of 2004

3. Publication of reasons for decisions on the review of the Inclining Block Tariffs (IBTs) and the municipal tariff guideline percentage increase. Published in GG 36350 Notice Number 358 dated 5 April 2013.

4. Publication of the reasons for decision on the Eskom multi-year price determination for the period 2013/14 to 2017/18. Published in GG 36349 Notice Number 357 dated 5 April 2013.

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

5. Amendment to the regulations relating to the registration of fertilizers, farm feeds, agricultural remedies, stock remedies, sterilizing plants and pest control operators: appeals and imports. Published in GG 362345 Notice Number 259 dated 5 April 2013.

Promotion of Access to Information Act 2 of 2000

6. Description submitted by the Uthungulu District Municipality in terms of section 15(1). Published in GG 36307 Notice Number 250 dated 5 April 2013.

7. Manual in accordance with the Act for the Greater Taung Local Municipality. Published in GG 36397 dated 24 April 2013.

National Environmental Management: Biodiversity Act 10 of 2004

8. Biodiversity Management Plan for Pelargonium Soidoides in South Africa 2011-2020. Published in GG 36411 Notice Number 433 dated 26 April 2013.

National Water Act 36 of 1998

9. Final allocation schedule for the Jan Dissels River Catchment. Published in GG 36417 Notice Number 323 dated 26 April 2013.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Compensation for Occupational Injuries and Diseases Act 130 of 1993

10. Annual increases in medical tariffs for medical service providers, pharmacies, ambulances and hospital groups. Published in GG 36378 Notice Number 392 dated 17 April 2013.

11. Annual increases in medical tariffs for medical service providers, pharmacies, ambulances and hospital groups. Published in GG 36377 Notice Number 391 dated 19 April 2013.

Civil Aviation Act 13 of 2009

12. Civil Aviation Regulations. Published in GG 36416 Notice Number 322 dated 26 April 2013.

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

Meat Safety Act 40 of 2000

13. Publication of the proposed abattoir rating scheme. Published for public comment in GG 36307 Notice Number 341 dated 5 April 2013.

South African Maritime Draft Ballast Water Management Bill 2013

14. Published for public comment in GG 36330 Notice Number 340 dated 4 April 2013.

Marine Living Resources Act 18 of 1998

15. Draft Marine Living Resources Amendment Bill, 2013. Published for public comment in GG 36416 Notice Number 434 dated 25 April 2013.

National Environmental Management: Integrated Coastal Management Amendment Bill 8 of 2013

16. Published for public comment on 23 April 2013.

National Environmental Management: Biodiversity Act 10 of 2004

17. Draft Threatened or Protected Species Regulations. Published in GG 36375 Notice Number 388 dated 16 April 2013.

18. Draft list of species that are threatened or protected, activities that are prohibited and exemption from restriction. Published in GG 36375 Notice Number 389 dated 16 April 2013.

National Environmental Management Act 107 of 1998

19. Invitation to comment on the basic assessment and water use licence application for the proposed construction of the 132KV Dipompong and Tswaing substations and their associated overhead power lines. Published in GG 36384 Notice Number 397 dated 17 April 2013.

20. Proposed amendments to Schedules 1 and 2. Published in GG 36392 Notice Number 412 dated 26 April 2013.

Department of Agriculture, Forestry and Fisheries

21. Draft revised General Policy on the Allocation and Management of Fishing Rights: April 2013. Published for public comment in GG 36383 Notice Number 396 dated 17 April 2013.

National Forests Act 84 of 1998

22. Intention to declare state forest properties in Mpumalanga as forest nature reserves. Published in GG 36371 Notice Number 382 dated 19 April 2013.

23. Invitation to submit written comments on the proposed list of particular trees and particular groups of trees (“Champion Trees”). Published in GG 36371 Notice Number 383 dated 19 April 2013.

24. Re-declaration of Kathu Forest as a protected woodland. Published for public comment in GG 36392 Notice Number 408 dated 26 April 2013.

Medicines and Related Substances Act 101 of 1965

25. Draft amendment to the General Regulations. Published in GG 36400 Notice Number 308 dated 22 April 2013.

Mineral and Petroleum Resources Development Act 28 of 2002

26. Invitation for representations from relevant stake-holders on proposed prohibition against granting of new applications for prospecting rights, mining rights, reconnaissance permission and mining permits. Published in GG 36390 Notice Number 399 dated 19 April 2013.

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

Eastern Cape Province

27. Local Government: Municipal Systems Act 32 of 2000: Inxuba Yethemba Municipality: By-law relating to the Prevention of Nuisances. Published in PG 2935 Notice Number 18 dated 10 April 2013.

28. Local Government: Municipal Systems Act 32 of 2000: Inxuba Yethemba Municipality: By-law relating to Refuse Removal and Disposal. Published in PG 2935 dated 10 April 2013.

29. Local Government: Municipal Systems Act 32 of 2000: Inxuba Yethemba Municipality: By-law relating to the Preparation of Food at Registered Private Kitchens. Published in PG 2935 dated 10 April 2013.

30. Local Government: Municipal Systems Act 32 of 2000: Inxuba Yethemba Municipality: By-law relating to the Keeping of Animals, Birds and Poultry and Businesses Involved in the Keeping of Animals, Birds and Poultry. Published in PG 2935 dated 10 April 2013

KwaZulu-Natal Province

31. Local Government: Municipal Systems Act 32 of 2000: Endumeni Municipality: Keeping of Animals By-law. Published in PG 928 Notice Number 27 dated 16 April 2013.

Limpopo Province

32. Local Government: Municipal Systems Act 32 of 2000: Mogalakwena Municipality: Cemetery By-law. Published in PG 2190 Notice Number 46 dated 12 April 2013.

33. Local Government: Municipal Systems Act 32 of 2000: Mogalakwena Municipality: Public Amenities By-law. Published in PG 2190 dated 12 April 2013.

Western Cape Province

34. Western Cape Health Care Waste Management Act 7 of 2007: Western Cape Health Care Risk Management Regulations, 2013. Published in PG 7102 Notice Number 73 dated 15 March 2013.

35. Western Cape Department of Environmental Affairs and Development Planning: Publication of the Western Cape EIA Guidelines in terms of section 24J of NEMA. Published in PG 7121 dated 26 April 2013.

36. Commencement date of the Western Cape Biosphere Reserves Act 6 of 2011 was 1 May 2013. Published in PG 7121 Notice Number 6 dated 26 April 2013.

North-West Province

37. Local Government: Municipal Systems Act 32 of 2000: Moses Kotane Local Municipality: Solid Waste By-law. Published in PG 7104 Notice Number 87 dated 30 April 2013.

Gauteng Province

38. Nature Conservation Ordinance 12 of 1983 – Open Season: Ordinary Game. Published in PG 116 Notice Number 1065 dated 30 April 2013.

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

North-West Province

39. Local Government: Municipal Systems Act 32 of 2000: Ratlou Local Municipality: Draft By-laws: Building Regulation; Advertising Signs and Hoarding; Water and Sanitation; Environmental Health; Cemeteries and Crematoria; Refuse/Waste Management. Published in PG 7105 Notice Number 88 dated 30 April 2013.

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 1 May 2013)

• Before National Assembly Committees

➢ National Environmental Management: Integrated Coastal Management Amendment Bill (B8 – 2013)
➢ Tourism Bill (B44 – 2012)
➢ Fertilizers and Feeds Bill (B 41 -2012)  
➢ Broad-Based Black Economic Empowerment Amendment Bill (B 42 -2012) 
➢ Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill (B 40 -2012) 
➢ Mental Health Care Amendment Bill (B39 of 2012)
➢ Spatial Planning and Land Use Management Bill (B4 of 2012)
➢ National Environmental Management Laws Amendment Bill (B13 of 2012)

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