SECTION A:  ENVIRONMENTAL (NATIONAL)
Spatial Planning and Land Use Management Act 16 of 2013

1. The President has assented to the Act and it has been published for public information. Please note that the Act will come into operation on a date fixed by the President in publication of a separate gazette. Published in GG 36730 Notice Number 559 dated 5 August 2013.

Local Government: Municipal Demarcation Act 27 of 1998

2. Re-determination of outer boundaries of municipalities. Published in GG 36732 Notice Number 805 dated 8 August 2013. 

National Water Act 36 of 1998

3. Review of the National Water Resource Strategy. A copy of the NWRS 2 can be downloaded from http://www.dwaf.gov.za/nwrs/NWRS2013.aspx. Published in GG 36736 Notice Number 845 dated 16 August 2013.

National Environmental Management: Biodiversity Act 10 of 2004

4. Convention on the International Trade in Endangered Species (CITES) Regulations – the CITES Appendices in the Schedule have been amended as agreed at the 16th Conference of the Parties to CITES. Published in GG 36770 Notice Number 629 dated 23 August 2013.

National Heritage Resources Act 25 of 1999

5. The South African National Heritage Resources Agency declares the SAS Pietermartizburg shipwreck site near Simons Town a national heritage site. Published in GG 36776 Notice Number 632 dated 23 August 2013.

National Environmental Management: Waste Act 59 of 2008

6. Waste Classification and Management Regulations. Published in GG 36784 Notice Number 634 dated 23 August 2013.

7. National Norms and Standards for the assessment of waste for landfill disposal. Published in GG 36784 Notice Number 635 dated 23 August 2013.

8. National Norms and Standards for disposal of waste to landfill. Published in GG 36784 Notice Number 636 dated 23 August 2013.

International Trade Administration Act 71 of 2002

9. Export control guidelines on the exportation of ferrous and no-ferrous waste and scrap. Published in GG 36708 Notice Number 543 dated 2 August 2013.

Plant Breeders Rights Act 15 of 1976

10. Amendment to the regulations relating to Plant Breeders Rights. Published in GG 36761 Notice Number 620 dated 23 August 2013.

11. All aspects of plant breeders rights have been processed for the period March 2013 – June 2013. Published in GG 36760 Notice Number 623 dated 23 August 2013.

Consumer Price Index

12. Consumer Price Index for July 2013. Published in GG 36779 Notice Number 880 dated 30 August 2013.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Mine Health and Safety Act 29 of 1996

13. Amendment to Chapter 8 of the regulations relating to machinery and equipment. Published in GG 36761 Notice Number 622 dated 23 August 2013.

14. Correction notice – regulations relating to miscellaneous and general provisions. Published in GG 36761 Notice Number 620 dated 23 August 2013.

National Health Amendment Act 12 of 2013

15. Commencement date of the Act is 2 September 2013. Published in GG 36787 Notice Number 37 dated 30 August 2013.

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

National Environmental Management: Air Quality Amendment Bill 2013.

16. The Minister of Water and Environmental Affairs intends on introducing this Bill into Parliament in August 2013. Published in GG 36765 Notice Number 854 dated 16 August 2013.

National Environmental Management: Laws Amendment Bill 2013

17. The Minister of Water and Environmental Affairs intends on introducing this Bill into Parliament in August 2013. Published in GG 36765 Notice Number 854 dated 16 August 2013.

National Environmental Management: Waste Amendment Bill 2013

18. The Minister of Water and Environmental Affairs intends on introducing this Bill into Parliament in August 2013. Published in GG 36765 Notice Number 854 dated 16 August 2013.

National Environmental Management: Protected Areas Amendment Bill 2013

19. The Minister of Water and Environmental Affairs intends on introducing this Bill into Parliament in August 2013. Published in GG 36765 Notice Number 854 dated 16 August 2013.

Agricultural Products Standards Amendment Bill 2013

20. The Minister of Agriculture, Forestry and Fisheries invites the public to comment on the Bill. Comments must be submitted in writing within 30 days from the date of publication in this notice. Published in GG 36736 Notice Number 810 dated 16 August 2013.

National Environmental Management: Air Quality Act 39 of 2004

21. Proposed regulations regarding the phasing-out and management of ozone-depleting substances. Published in GG 36750 Notice Number 850 dated 15 August 2013.

National Environmental Management Act 107 of 1998

22. Proposed regulations to phase-out the use of polychlorinated biphenyls (PCB) materials and PCB contaminated material. Published in GG 36749 Notice Number 849 dated 15 August 2013.

National Environmental Management: Biodiversity Act 10 of 2004

23. Intention to publish regulations for the registration of professional hunters, hunting outfitters and trainers. Published for public comment in GG 36743 Notice Number 846 dated 13 August 2013.

24. Intention to exempt veterinarians from certain restrictions relating to the carrying out of restricted activities involving threatened or protected species. Published for public comment in GG 36758 Notice Number 853 dated 19 August 2013.

National Heritage Resources Act 25 of 1999

25. Intention to declare the graves of SM Makgatho, JT Gumede, P Seme, RM Sobukiwe, SB Biko and CB Naude as national heritage sites. Published in GG 36777 Notice Number 633 dated 23 August 2013.

Marine Living Resources Act 18 of 1998

26. Extension to the invitation to apply for rights to undertake commercial fishing of demersal shark, hake handline, KwaZulu-Natal prawn trawl, oyster, squid, traditional linefish, tunapole-line and white mussel. Published in GG 36773 Notice Number 869 dated 22 August 2013.

National Water Act 36 of 1998

27. Proposed declaration of the exploration for and or production of onshore unconventional oil or gas resources and any activities incidental thereto including but not limited to hydraulic fracturing as a controlled activity. Published in GG 36760 Notice Number 683 dated 23 August 2013.

Department of Water Affairs

28. National Water Policy Review – invitation for general public comment. Comments must be submitted in writing within 30 days from the date of publication in this notice. Published in GG 36798 Notice Number 888 dated 30 August 2013.

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

Western Cape Province

29. National Environmental Management: Protected Areas Act 57 of 2003: Assignment of the Management Authority of the Dassen Island Nature Reserve. Published in PG 7157 Notice Number 254 dated 8 August 2013.

30. National Environmental Management: Protected Areas Act 57 of 2003: Assignment of the Management Authority of the Dyer Island Nature Reserve. Published in PG 7157 Notice Number 255 dated 8 August 2013.

Eastern Cape Province

31. Ingquza Hill Local Municipality: By-law relating to the Control and Regulation of Cemeteries, 2013. Published in PG 3019 Notice Number 37 dated 27 August 2013.

32. Ingquza Hill Local Municipality: By-law relating to the Control of Nuisances, 2013. Published in PG 3019 Notice Number 37 dated 27 August 2013.

33. Ingquza Hill Local Municipality: By-law relating to the Food Handling, 2013. Published in PG 3019 Notice Number 37 dated 27 August 2013.

34. Ingquza Hill Local Municipality: By-law relating to Refuse Removal, 2013. Published in PG 3019 Notice Number 37 dated 27 August 2013.

North-West Province

35. Local Government: Municipal Systems Act 32 of 2000: City of Motlosana: Amendment of the Solid Waste and Sanitation By-law. Published in PG 7160 Notice Number 174 dated 30 August 2013.

Gauteng Province

36. City of Tshwane Metropolitan Municipality: Standard Electricity Supply By-law. Published in PG 227 Notice Number 1076 dated 7 August 2013.

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

Mpumalanga Province

37. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare the Mabola Protected Environment and the Mndawe Trust Protected Environment as a protected environment. Intention to declare an area as part of the existing Kwamandlangampisi Protected Environment and intention to declare the Tafelkop Private Nature Reserve. Published in PG 2197 Notice Number 275 dated 9 August 2013.

38. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare the Chrissiesmeer Protected Environment as a protected environment. Published in PG 2197 Notice Number 276 dated 9 August 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 3 September 2013)

• Before National Assembly Committees

➢ National Environmental Management: Protected Areas Amendment Bill (B28 of 2013)
➢ National Environmental Management: Air Quality Amendment Bill (B27 of 2013)
➢ National Environmental Management Laws Amendment Bill (B26 of 2013)
➢ Merchant Shipping (Civil Liability Convention) Bill (B20 of 2013)
➢ Merchant Shipping (International Oil Pollution Compensation Fund) Bill (B19 of 2013)
➢ Mineral and Petroleum Resources Development Amendment Bill (B15 of 2013)
➢ National Environmental Management Laws Second Amendment Bill (B13 of 2013)
➢ 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) 
➢ Mental Health Care Amendment Bill (B39 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