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Monthly sustainability legislation, regulation and parliamentary update: December 2012

20th March 2013

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SECTION A:  ENVIRONMENTAL (NATIONAL)

Petroleum Products Act (120/1977)

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1. Amendment of regulations regarding Petroleum Products Site and Retail Licences. Published in GG 35984 Notice Number 1061 on 19/12/2012.

2. Amendment of regulations regarding Petroleum Products Wholesale Licences. Published in GG 35984 Notice Number 1062 on 19/12/2012.

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3. Amendment of regulations regarding Petroleum Products Manufacturing Licences. Published in GG 35984 Notice Number 1063 on 19/12/2012.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Compensation for Occupational Injuries and Diseases Act (130/1993)

4. Increase of maximum amount of earnings on which the assessment of an employer shall be calculated. Published in GG 35945 Notice Number 1021 on 07/12/2012.

5. Schedule 4 of Pension Increases–effective 1 April 2013. Published in GG 35945 Notice Number 1022 on 07/11/2012.

6. Manner of Calculating Compensation. Published in GG 35945 Notice Number 1023 on 07/11/2012.

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

National Environmental Management: Air Quality Act (39/2004)

7. Draft National Dust Control Regulations. Published in GG 35931 Notice Number 1007 on 07/12/2012.

8. Extension of closing dates for the submission of written representations or objections. Published in GG 36023 Notice Number 1059 on 21/12/2012.

9. Draft regulations regarding air dispensation modelling. Published in GG 35981 Notice Number 1035 on 14/12/2012.

National Water Act (36/1998)

10. Proposed Catchment Management Strategy: Inkomati Water Management Area: Invitation for written comments. Published in GG 35931 Notice Number 1017 on 07/12/2012.

11. Invitation to submit written comments in terms of section 110 of the Act on the proposed construction of the Groot Letaba River Development Project (GLeWaP) and the environmental impact assessment relating thereto. Published in GG 35988 Notice Number 1051 on 21/12/2012.

12. Transformation of the Holsloot Irrigation Board into the Holsloot Water User Association, Water Management Area Number 18, Western Cape Province. Published in GG 35988 Notice Number 1095 on 21/12/2012.

Mineral and Petroleum Resources Development Act (28/2002)

13. Publication of and invitation to comment on the draft Mineral and Petroleum Resources Development Amendment Bill, 2012. Published in GG 36037 Notice Number 1066 on 27/12/2012.

National Environmental Management: Integrated Coastal Management Act (24/2008)

14. National Environmental Management: Integrated Coastal Management Amendment Bill, 2013: Explanation summary. Published in GG 35988 Notice Number 1046 on 21/12/2012.

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

Northern Cape

Local Government: Municipal Systems Act (32/2000)

15. Khara Hais Municipality: Public Notice: Enactment of Cemeteries By-law, 2012. Published in GG 1652 Notice Number 102 on 12/12/2012.

16. Khara Hais Municipality: Public Notice: Enactment of Health Nuisances By-law, 2012. Published in GG 1652 Notice Number 102 on 12/12/2012.

17. Khara Hais Municipality: Public Notice: Enactment of Fire Brigade By-law, 2012. Published in GG 1652 Notice Number 102 on 12/12/2012.

18. Khara Hais Municipality: Public Notice: Enactment of Water Services By-law, 2012. Published in GG 1652 Notice Number 102 on 12/12/2012.

19. Khara Hais Municipality: Public Notice: Enactment of Electricity By-law, 2012. Published in GG 1652 Notice Number 102 on 12/12/2012.

20. Khara Hais Municipality: Public Notice: Enactment of Refuse Removal By-law, 2012. Published in GG 1652 Notice Number 102 on 12/12/2012.

Northern Cape Nature Conservation Act (9/2009)

21. Angling seasons, daily bag limits and angling by prohibited hunting methods and instruments. Published in GG 1656 Notice Number 3 on 19/12/2012.

22. Hunting seasons, daily bag limits and hunting by prohibited hunting methods and instruments. Published in GG 1656 Notice Number 4 on 19/12/2012.

Western Cape

23. Western Cape Nature Conservation Board: Declaration of the Solva Nature Reserve. Published in GG 7064 Notice Number 358 on 30/12/2012.

Eastern Cape

Local Government: Municipal Systems Act (32/2000)

24. Ulundi Local Municipality: Environmental Health By-laws. Published in GG 870 Notice Number 111 on 11/12/2012.

25. Ulundi Local Municipality: Fire Prevention By-laws. Published in GG 870 Notice Number 111 on 11/12/2012.

26. Ulundi Local Municipality: Nuisance By-laws. Published in GG 870 Notice Number 111 on 11/12/2012.

27. Ulundi Local Municipality: Refuse Removal and Disposal By-laws. Published in GG 870 Notice Number 111 on 11/12/2012.

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 14 January 2013)

• Before National Assembly Committees

➢ Banks Amendment Bill (B 43 -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
➢ Employment Services Bill   
➢ Dangerous Weapons Bill  
➢ Commission on Gender Equality Amendment Bill   
➢ Adjustments Appropriation Bill  

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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