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Monthly sustainability legislation, regulation and parliamentary update – December 2014

Monthly sustainability legislation, regulation and parliamentary update – December 2014

8th May 2015

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

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1. Environmental Impact Assessment Regulations, 2014. Published in GG 38282 Notice Number 982 dated 4 December 2014

2. Listing Notice 1: List of activities and competent authorities identified in terms of section 24 (2) and 24 (D). Published in GG 38282 Notice Number 983 dated 4 December 2014

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3. Listing Notice 2: List of activities and competent authorities identified in terms of section 24 (2) and 24 (D). Published in GG 38282 Notice Number 984 dated 4 December 2014

4. Listing Notice 3: List of activities and competent authorities identified in terms of section 24 (2) and 24 (D). Published in GG 38282 Notice Number 985 dated 4 December 2014

5. National Appeal Regulations. Published in GG 38303 Notice Number 993 dated 8 December 2014

6. National Exemption Regulations. Published in GG 38303 Notice Number 994 dated 8 December 2014.

7. Vredefort Dome World Heritage Site Environmental Management Framework. Published in GG 38320 Notice Number 1150 dated 19 December 2014.

National Environmental Management: Protected Areas Act 57 of 2003

8. Correction Notice: Land declared in terms of the Act to be part of the Tankwa-Karoo National Park. Published in GG 38281 Notice Number 976 dated 5 December 2014.

9. Correction Notice: Land declared in terms of the Act to be part of the Table Mountain National Park. Published in GG 38281 Notice Number 977 dated 5 December 2014

10. Correction Notice: Land declared in terms of the Act to be part of the Mokala National Park. Published in GG 38281 Notice Number 978 dated 5 December 2014

11. Correction Notice: Land declared in terms of the Act to be part of the Marakele National Park. Published in GG 38281 Notice Number 979 dated 5 December 2014

12. Correction Notice: Land declared in terms of the Act to be part of the Agulhas National Park. Published in GG 38281 Notice Number 980 dated 5 December 2014

13. Correction Notice: Land declared in terms of the Act to be part of the Addo Elephant National Park. Published in GG 38281 Notice Number 981 dated 5 December 2014

Petroleum Products Act 120 of 1977

14. Rules made in terms of section 33 (3) of the Act. Published in GG 38308 Notice Number 1140 dated 12 December 2014.

Promotion of Access to Information Act 2 of 2000

15. Description submitted in terms of section 15(1): Gauteng Provincial Government: Department of Social Development. Published in GG 38263 Notice Number 971 dated 5 December 2014.

16. Manual prepared in terms of section 51 of the Act for the Makhado Local Municipality (NP344). Published in GG 38318 Notice Number

17. Department of Safety, Security and Liaison. Published in GG 38309 dated 12 December 2014.

18. Description submitted in terms of section 15 (1): South African Human Rights Commission. Published in GG 38290 Notice Number 1002 dated 12 December 2014.

19. Manual prepared in terms of section 14 of the Act for the Department of Social Development. Published in GG 38252 dated 19 December 2014.

Consumer Price Index

20. Consumer Price Index (CPI) for November 2014. Published in GG 38329 Notice Number 1154 dated 19 December 2014.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Mine Health and Safety Act 29 of 1996

21. Guideline for a mandatory Code of Practice for the safe use of conveyor belt installations for the transportation of mineral, material or personnel. Published in GG 38339 Notice Number 1024 dated 19 December 2014.

22. Guideline for a mandatory code of practice for risk-based fatigue management at mines. Published in GG 383398 Notice Number 1025 dated 19 December 2014.

Health Professions Act 56 of 1974

23. Amendment to regulations defining the scope of the profession of Environmental Health Officers. Published in GG 38289 Notice Number 986 dated 3 December 2014

Project and Construction Management Professions Act 48 of 2000:

24. Rules relating to the payment of annual fees for registered persons with the Council. Published in GG 38295 Notice Number 148 dated 4 December 2014

25. Amendment to rules and requirements for the recognition of voluntary associations in terms of sections 14 (d) and 25 91) of the Act. Published in GG 38263 Notice Number 144 dated 5 December 2014

South African Council for the Project and Construction Management Professions (SACPCMP)

26. Registration Policy and Procedure. Published in GG 38295 Notice Number 149 dated 4 December 2014

National Road Traffic Act 93 of 1996

27. Dangerous Goods Training bodies in terms of Regulation 280 (1) of the National Road Traffic Regulation, 2000. Published in GG 38297 Notice Number 1094 dated 5 December 2014.

Basic Conditions of Employment Act 75 of 1997

28. Correction to the amendment of the Regulations. Published in GG 38312 Notice Number 1010 dated 11 December 2014.

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


National Environmental Management Act 107 of 1998

29. Draft section 24H Registration Authority Regulations. Members of the public are invited to submit written comments within 30 days after publication of this notice in the Gazette. Published in GG 38325 Notice Number 1142 dated 12 December 2014.

National Water Act 36 of 1998

30. Draft Regulations requiring that the taking of water for irrigation purposes be limited, monitored, measured and recorded. Members of the public are invited to submit written comments within 90 days after publication of this notice in the Gazette Published in GG 38311 Notice Number 1141 dated 12 December 2014.

National Environmental Management: Biodiversity Act 10 of 2004

31. Draft regulations for the registration of professional hunters, hunting outfitters and trainers. Members of the Public are invited to submit written comments within 30 days after the publication of this notice in the Gazette. Published in GG 38347 Notice Number 1147 dated 18 December 2014.

National Environmental Management: Protected Areas Act 57 of 2003

32. Intention to declare certain land situated in the Western Cape Province as part of the West Coast National Park. Members of the public are invited to submit written comments within 60 days after publication of this notice in the Gazette. Published in GG 38281 Notice Number 1097 dated 5 December 2014.

33. Intention to declare certain land situated in the Western Cape Province and Northern Cape Province as part of the Tankwa Karoo National Park. Members of the public are invited to submit written comments within 60 days after publication of this notice in the Gazette. Published in GG 38281 Notice Number 1098 dated 5 December 2014.

34. Intention to declare certain land situated in the Western Cape Province as part of the Table Mountain National Park. Members of the public are invited to submit written comments within 60 days after publication of this notice in the Gazette. Published in GG 38281 Notice Number 1099 dated 5 December 2014.

35. Intention to declare certain land situated in the Northern Cape Province as part of the Richtersveld National Park. Members of the public are invited to submit written comments within 60 days after publication of this notice in the Gazette. Published in GG 38281 Notice Number 1100 dated 5 December 2014.

36. Intention to declare certain land situated in the Northern Cape Province as part of the Namaqua National park. Members of the public are invited to submit written comments within 60 days after publication of this notice in the Gazette. Published in GG 38281 Notice Number 1101 dated 5 December 2014.

37. Intention to declare certain land situated in the Eastern Cape Province as part of the Mountain Zebra National Park. Members of the public are invited to submit written comments within 60 days after publication of this notice in the Gazette. Published in GG 38281 Notice Number 1102 dated 5 December 2014.

38. Intention to declare certain land situated in the Limpopo Province as part of the Marakele National Park. Members of the public are invited to submit written comments within 60 days after publication of this notice in the Gazette. Published in GG 38281 Notice Number 1103 dated 5 December 2014.

39. Proposed regulations for the Mountain Zebra Camdeboo Protected Environment. Members of the public are invited to submit written comments within 60 days after publication of this notice in the Gazette Published in GG 38281 Notice Number 1104 dated 5 December 2014.

40. Intention to declare certain land situated in the Cradock, Graaf-Reinet, Middleburg, Aberdeen, Pearston, Somerset (Eastern Cape Province) and Murraysburg (Western Cape Province) as part of the Mountain Zebra – Camdeboo Protected Environment. Members of the public are invited to submit written comments within 60 days after publication of this notice in the Gazette. Published in GG 38281 Notice Number 1105 dated 5 December 2014.

National Environmental Management: Integrated Coastal Management Act 24 of 2008

41. Draft Dumping at Sea Regulations. Interested persons have until 16h00 on Friday, 30 January 2015 to submit written comments.  Published in GG 38290 Notice Number 1110 dated 12 December 2014.

Spatial Planning and Land Use Management Act 16 of 2013

42. Draft Regulations in terms of the Act. Interested persons may submit written comments on or before 23 January 2015. Published in GG 38331 Notice Number 1144 dated 12 December 2014.

National Road Traffic Act 93 of 1996

43. Correction Notice: Draft Regulations on Minimum Requirements for the Preparation of the Integrated Transport Plans. Interested persons are invited to submit written comments within 30 days from the date of publication of this notice in the Gazette. Published in GG 38305 Notice Number 1008 dated 9 December 2014

44. Proposed amendment to the National Road Traffic Regulations, 2000. Interested persons may submit written comments within four weeks from the date of publication of this notice. Published in GG 38370 Notice Number 1168 dated 23 December 2014.

Amended B-BBEE Codes of Good Practice

45. Notice to extend the submission date for written comments on the alignment of the Tourism B-BBEE Codes to the Amended Generic Codes of Good Practice. The period for interested and affected
persons and organisations to submit comments has been extended to 31 December 2014. Published in GG 38298 Notice Number 988 dated 5 December 2014.

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

 

Western Cape Province

46. Knysna Municipality: Prevention of Public Nuisances and the Keeping of Animals, Poultry, Pigeons and Bees By-Laws. Published in PG 7338 dated 5 December 2014.

47. Knysna Municipality: Integrated Waste Management By-Law 2014. Published in PG 7338 dated 5 December 2014.

48. Knysna Municipality: Public Amenities By-Law. Published in PG 7338 dated 5 December 2014.

49. Swellendam Municipality: Air Quality Control By-Law. Published in PG 7338 dated 5 December 2014.

50. Swellendam Municipality:  Prevention of Public Nuisances By-Law. Published in PG 7338 dated 5 December 2014.

51. Western Cape Nature Conservation Board: Western Cape Province: Hunting Seasons, Daily Bag Limits and Hunting by the Use of Prohibited Hunting Methods. Published in PG 7338 dated 5 December 2014.

52. Matzikama Municipality: By-law relating to Streets, Public Places and Nuisances. Published in PG 7339 dated 12 December 2014.

Eastern Cape Province

53. Disaster Management Act 57 of 2002: Declaration of state of local disaster. Published in PG 3315 Notice Number 375 dated 12 December 2014.

KwaZulu-Natal Province

54. Local Government: Municipal Systems Act 32 of 2000: Umtshezi Municipality: Adoption of various by-laws. Published in PG 1281 Notice Number 165 dated 4 December 2014. The list of by-laws to be adopted include but are not limited to:

➢ Umtshezi Municipality: Cemetery By-laws
➢ Umtshezi Municipality: By-law relating to Fire Safety
➢ Umtshezi Municipality: Keeping of Birds and Animals By-laws
➢ Umtshezi Municipality: By-law relating to the Control of Public Nuisances
➢ Umtshezi Municipality: Parking By-laws
➢ Umtshezi Municipality: Pollution Control By-laws
➢ Umtshezi Municipality: Public Amenities By-laws
➢ Umtshezi Municipality: Stormwater Management By-laws

55. Declaration of KwaZulu-Natal Provincial State of Disaster in terms of the Disaster Management Act 57 of 2002. Published in PG 1288 Notice Number 167 dated 17 December 2014.

North West Province

56. Constitution of the Republic of South Africa 108 of 1996: Rustenburg Local Municipality adopts the Air Pollution By-Law. Published in PG 7383 Notice Number 264 dated 12 December 2014.

57. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa 108 of 1996: Greater Taung Local Municipality adopted the Prevention of Nuisances By-Law. Published in PG 7385 Notice Number 266 dated 23 December 2014.

58. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa 108 of 1996: Greater Taung Local Municipality adopted the Cemeteries, Funeral Parlours Premises and Mortuary By-Law. Published in PG 7385 Notice Number 268 dated 23 December 2014.

59. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa 108 of 1996: Greater Taung Local Municipality adopted the Waste Management By-Law. Published in PG 7385 Notice Number 269 dated 23 December 2014.

60. Nature Conservation Ordinance 12 of 1983: Bophuthatswana Nature Conservation Act 1973 and the Cape Nature and Environmental Conservation Ordinance 19 of 1974: North West Hunting Regulations, 2015. Published in PG 7386 Notice Number 561 dated 23 December 2014.

Mpumalanga Province

61. Mpumalanga Nature Conservation Act 10 of 1998: Open Season: Ordinary game. Published in PG 2394 Notice Number 1 dated 5 December 2014. 

Free State Province

62. Kopanong Local Municipality: Adopted Cemeteries and Crematoria by-law, 2014. Published in PG 87 Notice Number 174 dated 12 December 2014.

63. Kopanong Local Municipality: Adopted Fences and Fencing By-Law, 2014. Published in PG 87 Notice Number 188 dated 12 December 2014.

64. Kopanong Local Municipality: Adopted Waste Management by-law, 2014. Published in PG 87 Notice Number 211 dated 12 December 2014. 

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

Gauteng Province

65. National Land Transport Act 5 of 2009: Notice of intention to promulgate regulations under the Act in terms of section 91(2) declaring area/s where extraordinary measures are to apply to area /s characterized by violence, unrest or instability and-the measures are intended to normalize the situation. Published in PG 360 Notice Number 4048 dated 4 December 2014.

Limpopo Province

66. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare respective land parcels as nature reserves. Members of the public are invited to submit written comments within 60 days after publication of this notice in the Gazette. Published in PG 2449 Notice Number 447 dated 5 December 2014.

KwaZulu-Natal Province

67. KwaZulu-Natal Heritage Act 4 of 2008: Intention to amend the Schedule of Act. Published in PG 1159 Notice Number 121 dated 19 June 2014.

North West Province

68. Nature Conservation Ordinance 12 of1983: Bophuthatswana Nature Conservation Act 1973, the Cape Nature and Environmental Conservation Ordinance 19 of 1974 and the National Environmental Management: Biodiversity Act 10 of 2004: Draft Regulations for the Management of Birds in the North West Province. Members of the public are invited to submit written comments within 30 days after publication of this notice in the Gazette. Published in PG 7387 Notice Number 562 dated 23 December 2014

69. Nature Conservation Ordinance 12 of 1983: Bophuthatswana Nature Conservation Act 1973, the Cape Nature and Environmental Conservation Ordinance 19 of 1974 and the National Environmental Management Act 107 of 1998: Draft Amendments to the North West Fencing Policy. Members of the public are invited to submit written comments within 30 days after publication of this notice in the Gazette. Published in PG 7387 Notice Number 563 dated 23 December 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: (No relevant Bills before Parliament as at 22 December 2014)

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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