SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Laws Second Amendment Act 30 of 2013

1. The President has assented to the Amendment Act which has amended the National Environmental Management Act 107 of 1998. All sections of the Amendment Act (except for sections 3, 4, 5 and 14) came into operation on the date of publication of the Amendment Act i.e. 18 December 2013. Published in GG 37170 Notice Number 1019 dated 18 December 2013.

National Heritage Resources Act 25 of 1999

2. Declaration of the Union Buildings, Portions of the farm Elandspoort 357-JR, City of Tshwane, Gauteng; 120 Plein Street, Cape Town and Tuynhuys as National Heritage Sites. Published in GG 37101 Notice Number 931dated 2 December 2013.

Merchant Shipping (Civil Liability Convention) Act 25 of 2013

3. The Act will come into effect on a date fixed by the President by proclamation in a gazette. Published in GG 37146 Notice Number 994 dated 10 December 2013.

Merchant Shipping (International Oil Pollution Compensation Fund) Act 24 of 2013

4. The Act will come into effect on a date fixed by the President by proclamation in a gazette. Published in GG 37145 Notice Number 993 dated 10 December 2013.

National Road Traffic Act 93 of 1996

5. Correction notice in terms of GN R890 published in GG 37048 dated 19 November 2013 (amendment to the National Road Traffic Regulations). Published in GG 37106 Notice Number 946 dated 3 December 2013.

South African National Roads Agency Limited and National Roads Act 7 of 1998

6. National Road 17: Springs and Ermelo Toll Road: publication of date and time from which toll tariffs will become payable. Published in GG 37111 Notice Number 650 dated 4 December 2013.

Basic Conditions of Employment Amendment Act 20 of 2013

7. The Act will come into effect on a date fixed by the President by proclamation in a gazette. Published in GG 37139 Notice Number 987 dated 9 December 2013.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Department of Health

8. Publication of the National Environmental Health Policy. Published in GG 37112 Notice Number 951 dated 4 December 2013.

Agricultural Product Standards Act 119 of 1990

9. Agricultural Product Standard: service fee in terms of the classification and marking of meat. Published in GG 37092 Notice Number 1183 dated 6 December 2013.

Agricultural Pests Act 36 of 1983

10. Amendment to Table 10 (fees payable) of the control measures.  Published in GG 37154 Notice Number 1002 dated 20 December 2013.

11. Amendment to Table 1 (fees payable) of the regulations. Published in GG 37154 Notice Number 1003 dated 20 December 2013. 

Marketing of Agricultural Products Act 47 of 1996

12. Wine industry – continuation of statutory measures and determination of guideline prices. Published in GG 37153 Notice Number 1013 dated 20 December 2013.

13. Continuation and amendment to the statutory measure regarding records and returns in respect of milk and other dairy products. Published in GG 37153 Notice Number 1220 dated 20 December 2013.

14. Continuation and amendment to the statutory measure for the registration of persons involved in the secondary dairy industry. Published in GG 37153 Notice Number 1219 dated 20 December 2013.

15. Continuation and amendment to the levies on milk and other dairy products and the determination of guideline prices in respect of milk and other dairy products. Published in GG 37153 Notice Number 1218 dated 20 December 2013.

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

Agricultural Product Standards Act 119 of 1990

16. Proposed amendments to the regulations relating to the grading, packing and marking of sunflower intended for sale in the Republic of South Africa. Interested parties are requested to submit comments on the proposed amendments within 30 days of the date of publication of this notice. Published in GG 37154 Notice Number 1004 dated 20 December 2013.

17. Proposed amendments to the regulations relating to the grading, packing and marking of soya beans intended for sale in the Republic of South Africa. Interested parties are requested to submit comments on the proposed amendments within 30 days of the date of publication of this notice. Published in GG 37154 Notice Number 1005 dated 20 December 2013.

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

Eastern Cape Province

18. Local Government: Municipal Systems Act 32 of 2000: Camdeboo Municipality: Amendment to the Public Nuisances and Keeping of Animals By-law. Published in PG 3084 Notice Number 270 dated 4 December 2013.

19. Local Government: Municipal Systems Act 32 of 2000: Camdeboo Municipality: Amendment to the Public Amenities By-law. Published in PG 3084 Notice Number 271 dated 4 December 2013.

KwaZulu-Natal Province

20. Local Government: Municipal Systems Act 32 of 2000: Mpofana Local Municipality: By-law related to Electricity Supply. Published in PG 1063 Notice Number 64 dated 6 December 2013.

Northern Cape Province

21. Disaster Management Act 57 of 2002: Declaration of a state of disaster for a number of district municipalities which have been affected by drought. Published in PG 1758 Notice Number 132 dated 9 December 2013.

22. Disaster Management Act 57 of 2002: Declaration of a state of disaster for a number of local municipalities which have been affected by black frost. Published in PG 1758 Notice Number 133 dated 9 December 2013.

Western Cape Province

23. Repeal and replacement of Zoning Scheme Regulations in the Overstrand Municipal Area. Published in PG 7203 Notice Number 400 dated 29 November 2013.

24. Bergrivier Municipality – Air Pollution By-law. Published in PG 7208 dated 6 December 2013.

25. Knysna Municipality: By-law relating to the Regulation of Outdoor Advertising, Heritage and Building Aesthetics. Published in PG 7213 dated 13 December 2013.

26. City of Cape Town – declaration of the Alsfontein Nature Reserve. Published in PG 7213 Notice Number 429 dated 13 December 2013.

Gauteng Province

27. Disaster Management Act 57 of 2002: Portions of the City of Tshwane declared as disaster areas. Published in PG 378 Notice Number 1815 dated 20 December 2013.

Limpopo Province

28. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Aerial Systems By-law. Published in PG 2293 Notice Number 181 dated 20 December 2013.

29. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Fences and Fencing By-law. Published in PG 2293 Notice Number 183 dated 20 December 2013.

30. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Commonage By-law. Published in PG 2293 Notice Number 184 dated 20 December 2013.

31. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Aerodrome By-law. Published in PG 2293 Notice Number 185 dated 20 December 2013.

32. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Public Health Animal By-law. Published in PG 2294 Notice Number 179 dated 20 December 2013.

33. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Roads, Traffic and Safety By-law. Published in PG 2294 Notice Number 180 dated 20 December 2013.

Mpumalanga Province

34. Mpumalanga Nature Conservation Act 10 of 1998: Open season – ordinary game. Published in PG 2232 Notice Number 1 dated 22 November 2013.

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

Northern Cape Province

35. Northern Cape Planning and Development Act 7 of 1998: Kheis Local Municipality: Preparation of Municipal Spatial Development framework. Published in PG 1757 Notice Number 130 dated 9 December 2013.

36. Northern Cape Planning and Development Act 7 of 1998: Nama Khoi Local Municipality: Preparation of Municipal Spatial Development framework. Published in PG 1757 Notice Number 131 dated 9 December 2013.

37. Northern Cape Planning and Development Act 7 of 1998: Phokwane Local Municipality: Review of the 2008 Municipal Spatial Development framework. Published in PG 1759 Notice Number 135 dated 16 December 2013.

Eastern Cape Province

38. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare natural reserves and protected environments on the properties indicated in the schedule. Published for public comment in PG 3094 Notice Number 287 dated 13 December 2013.

Mpumalanga Province

39. Spatial Land Use Management Act 2013: Govan Mbeki Local Municipality: Invitation to comment on the Govan Mbeki Draft Spatial Development Framework 2014. Published in PG 2240 Notice Number 210 dated 20 December 2013.

40. Mpumalanga Town-Planning and Townships Ordinance Repeal bill 2013 – published for public comment in PG 2245 Notice Number 454 dated 23 December 2013.

41. Mpumalanga Nature Conservation Act 10 of 1998: Mpumalanga Tourism & Parks Agency: Proclamation to amend the definition of the geographical names comprising the provincial nature reserves. Published in PG 2237 Notice Number 441 dated 6 December 2013.

42. Mpumalanga Nature Conservation Act 10 of 1998: Mpumalanga Tourism & Parks Agency: Proclamation to amend the definition of the geographical names comprising the provincial nature reserves. Published in PG 2242 Notice Number 447 dated 19 December 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 7 January 2014)

• Before National Assembly Committees

➢ 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 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