SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management: Waste Act 59 of 2008

1. Part 8 of Chapter 4 of the Act (Contaminated Land Provisions) came into effect on 2 May 2014. Published in GG 37547 Notice Number 26 dated 11 April 2014.

2. National Norms and Standards for the remediation of contaminated land and soil quality. Published in GG 37603 Notice Number 331 dated 2 May 2014.

3. Amendment to the list of Waste Management Activities that have or are likely to have a detrimental effect on the environment. Published in GG 37604 Notice Number 332 dated 2 May 2014.

National Environmental Management: Biodiversity Act 10 of 2004

4. Amendment to the Convention on International Trade in Endangered Species of Wild Fauna and Flora Regulations 2014. Published in GG 37596 Notice Number 323 dated 29 April 2014.

5. Amendment to the Threatened or Protected Species Regulations 2007. Published in GG 37596 Notice Number 324 dated 29 April 2014.

National Energy Regulator of South Africa Act 41 of 1987

6. Fees payable by licensed generators of electricity. Published in GG 37490 Notice Number 44 dated 4 April 2014.

Water Services Act 108 of 1997

7. Disestablishment of Botshelo Water. Published in GG 37503 Notice Number 239 dated 1 April 2014.

8. Extension of service area of Rand Water. Published in GG 37503 Notice Number 240 dated 1 April 2014.

9. Disestablishment of Buschbuckridge Water. Published in GG 37503 Notice Number 241 dated 1 April 2014.

10. Extension of service area of Sedibeng Water. Published in GG 37503 Notice Number 242 dated 1 April 2014.

11. Extension of service area of Magalies Water. Published in GG 37503 Notice Number 240 dated 1 April 2014.

National Water Act 36 of 1998

12. Establishment of the Inkomati-Usuthu Catchment Management Agency. Published in GG 37602 Notice Number 330 dated 2 May 2014.

National Heritage Resources Act 25 of 1999

13. Declaration of the Parliament of South Africa as a National Heritage Site. Published in GG 37535 Notice Number 269 dated 7 April 2014. 

Merchant Shipping (International Oil Pollution Compensation Fund) Administration Act 35 of 2013

14. The Act came into effect on 1 May 2014. Published in GG 37597 Notice Number 27 dated 29 April 2014.

Merchant Shipping (International Oil Pollution Compensation Fund) Contributions Act 36 of 2013

15. The Act came into effect on 1 May 2014. Published in GG 37597 Notice Number 28 dated 29 April 2014.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Medicines and Related Substances Act 101 of 1965

16. Amendment to the regulations relating to a transparent pricing system for medicines and scheduled substances. Published in GG 37527 Notice Number 264 dated 3 April 2014.

Occupational Health and Safety Act 85 of 1993

17. Construction Regulations 2014: temporary exemptions in terms of section 40 of the Act. Published in GG 37491 Notice Number 227 dated 4 April 2014.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

18. Classification of Injuries. Published in GG 37510 Notice Number 267 dated 4 April 2014.

19. Amendment to the Return of Earnings Rules, Forms and Particulars. Published in GG 37510 Notice Number 268 dated 4 April 2014.

National Road Traffic Act 96 of 1996

20. Approval of Dangerous Goods Training Bodies in terms of the National Road Traffic Regulations 2000. Published in GG 37504 Notice Number 244 dated 2 April 2014.

National Health Act 61 of 2003

21. Approval of the National Health Normative Standards Framework for Interoperability in eHealth. Published in GG37583 Notice Number 314 dated 23 April 2014.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

22. Annual increase in medical tariffs for medical services providers, pharmacies, ambulances and hospital groups: Hospital. Published in GG 37576 Notice Number 311 dated 24 April 2014.

23. Annual increase in medical tariffs for medical services providers, pharmacies, ambulances and hospital groups: Social workers and psychologists. Published in GG 37573 Notice Number 302 dated 24 April 2014.

24. Annual increase in medical tariffs for medical services providers, pharmacies, ambulances and hospital groups: Physiotherapist. Published in GG 37572 Notice Number 301 dated 24 April 2014.

25. Annual increase in medical tariffs for medical services providers, pharmacies, ambulances and hospital groups: Occupational Therapist. Published in GG 37571 Notice Number 300 dated 24 April 2014.

26. Annual increase in medical tariffs for medical services providers, pharmacies, ambulances and hospital groups: Chiropractors. Published in GG 37570 Notice Number 299 dated 24 April 2014.

Perishable Products Export Control Act 9 of 1983

27. Imposition of levies on perishable products. Published in GG 37490 Notice Number 44 dated 4 April 2014.

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

28. Amendment to Table 1 of 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 37468 Notice Number 207 dated 1 April 2014.

Marketing of Agricultural Product Act 47 of 1996

29. Continuation of statutory measure: registration of abattoirs and exporters of live pigs. Published in GG 37553 Notice Number 290 dated 17 April 2014.

30. Continuation of statutory measure: records and returns by abattoirs and exporters of live pigs. Published in GG 37553 Notice Number 291 dated 17 April 2014.

31. Continuation of statutory measure and determination of guideline price: levies relating to pigs. Published in GG 37553 Notice Number 292 dated 17 April 2014.

32. Establishment of statutory measure and determination of guideline prices: levy relating to sorghum. Published in GG 37563 Notice Number 310 dated 25 April 2014.

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

National Railway Safety Regulator Act 16 of 2002

33. Draft amendment to the Railway Safety Standards Development Regulations 2014. Written representations must be submitted within 60 days from the publication date of this notice. Published in GG 37490 Notice Number 258 dated 4 April 2014.

Medicines and Related Substances Act 101 of 1965

34. Draft general regulations relating to medical devices and in vitro diagnostic medical devices. Interested persons are invited to submit written comments within three months of publication of this notice.  Published in GG 37579 Notice Number 315 dated 22 April 2014

National Environmental Management: Biodiversity Act 10 of 2004

35. Draft Benefit Sharing Agreement between the Council of Scientific and Industrial Research and the Traditional Healers Council. Members of the public are invited to submit written comments within thirty days after the publication of the notice in the gazette. Published in GG 37582 Notice Number 330 dated 23 April 2014.

36. Draft Shark Biodiversity Management Plan. Interested parties are requested to submit written comments before 16:00 on 20 June 2014. Published in GG 37586 Notice Number 331 dated 29 April 2014.

Civil Aviation Act 13 of 2009

37. Proposed amendment to the Civil Aviation Regulations 2011. Interested persons are requested to submit written comments on or before 26 May 2014. Published in GG 37588 Notice Number 332 dated 25 April 2014.

National Health Act 61 of 2003

38. Draft regulations on establishing a ministerial advisory committee on eHealth. Interested persons are requested to submit written comments within 90 days of publication of this notice. Published in GG37599 Notice Number 328 dated 2 May 2014.

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

Eastern Cape Province

39. Disaster Management Act 57 of 2002: Declaration of a local state of disaster in terms of the Alfred Nzo District Municipality. Published in PG 3156 Notice Number 22 dated 2 April 2014.

40. Disaster Management Policy Framework for the Chris Hani District Municipality. Published in PG 3162 Notice Number 23 dated 23 April 2014.

Limpopo Province

41. National Environmental Management: Protected Areas Act 57 of 2003: Correction notice published in PG 2319 of 25 February 2014: Declaration of various parcels of land as nature reserves. Published in PG 2341 Notice Number 5 dated 10 April 2014.

Western Cape

42. Western Cape Land Use Planning Act 2014. Published in PG 7250 Notice Number 99 dated 7 April 2014.

Free State Province

43. Hunting Season – Ordinary Game = 2014. Published in PG 6 Notice Number 7 dated 11 April 2014.

North West Province

44. Local Government: Municipal Systems Act 32 of 2000: Greater Taung Local Municipality: Water Services By-law. Published in PG 7269 Notice Number 47 dated 16 April 2014.

45. Local Government: Municipal Systems Act 32 of 2000: Greater Taung Local Municipality: Electricity Supply By-law. Published in PG 7269 Notice Number 48 dated 16 April 2014.

Gauteng Province

46. Nature Conservation Ordinance 12 of1983: Open Season: Ordinary Game. Published in PG 104 Notice Number 1250 dated 25 April 2014.

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

Northern Cape Province

47. Northern Cape Heritage Resources Authority Act 9 of 2013: Invitation for interested parties to nominate persons to serve on the Board of the Authority. Nominations must be submitted before 9 May 2014. Published in PG 1798 Notice Number 41 dated 15 April 2014.

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 8 May 2014)

• Before National Assembly Committees

➢ Medicines and Related Substances Amendment Bill (B6 of 2014)
➢ National Water Amendment Bill (B4 of 2014)
➢ Infrastructure Development Bill (B49 of 2013)
➢ National Environmental Management: Waste Amendment Bill (B32 of 2013)
➢ Marine Living Resources Amendment Bill (B30 of 2013)
➢ Water Research Amendment Bill (B29 of 2013)
➢ National Environmental Management: Protected Areas Amendment Bill (B28 of 2013)
➢ National Environmental Management: Air Quality Amendment Bill (B27 of 2013)
➢ National Environmental Management Laws Third Amendment Bill (B26 of 2013)
➢ Mineral and Petroleum Resources Development Amendment Bill (B15 of 2013)
➢ National Environmental Management: Integrated Coastal Management Amendment Bill (B8 – 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