SECTION A:  ENVIRONMENTAL (NATIONAL)

National Water Act 36 of 1998

1. Correction notice: extension of time period of general authorisations in terms of section 39. Published in GG 36153 Notice Number 94 dated 11 February 2013.

2. Preliminary allocation schedule in terms of section 46(1) of the National Water Act for the Jan Dissels River Catchment. Published in GG 36144 Notice Number 100 dated 8 February 2013.

National Environmental Management Act 107 of 1998

3. Environmental Impact Assessment Guideline for Aquaculture in South Africa. Published in GG 36145 Notice Number 101 dated 11 February 2013.

National Environmental Management: Biodiversity Act 10 of 2004

4. Publication of a summary of the non-detriment findings made by the Scientific Authority in terms of section 62 of the Act. Published in GG 36117 Notice Number 54 dated 1 February 2013.

National Heritage Resources Act 25 of 1999

5. Provisional protection of the Pietermaritzburg shipwreck site near Millers Point as a National Heritage Resource. Published in GG 36102 Notice Number 59 dated 1 February 2013.

6. Provisional protection of Martin Melck House, Evangelical Lutheran Church and Saxtone’s House, Cape Town as a National Heritage Resource. Published in GG 36183 Notice Number 136 dated 1 March 2013.

Marine Living Resources Act 18 of 1998

7. Recognition of organisations as interest groups in terms of section 8. Published in GG 36183 Notice Number 135 dated 1 March 2013.

8. Regulations for the fishing of Sharks (Elasmobranchs) in the estuary of the Breede River. Published in GG 36147 Notice Number 105 dated 15 February 2013.

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

9. Amendment to 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 36124 Notice Number 75 dated 8 February 2013.

Agricultural Products Standards Act 119 of 1990

10. Regulations regarding the classification, packing and marking of edible ices intended for sale in the Republic of South Africa. Published in GG 36124 Notice Number 78 dated 8 February 2013.

11. Regulations relating to the grading, packing and marking of jam, jelly and marmalade intended for sale in the Republic of South Africa. Published in GG 36123 Notice Number 81 dated 8 February 2013.

12. Export standards and requirements relating to the export of eggs. Published in GG 36123 Notice Number 82 dated 8 February 2013.

Genetically Modified Organisms Act 15 of 1997

13. Amendment to the regulations. Published in GG 36124 Notice Number 89 dated 8 February 2013.

Statistics South Africa

14. Consumer Price Index: General Information. Published in GG 36102 Notice Number 47 dated 1 February 2013.

Promotion of Access to Information Act 2 of 2000

15. Description submitted by the National Housing Finance Corporation SOC Ltd in terms of section 15(1). Published in GG 36183 Notice Number 141 dated 1 March 2013.

Petroleum Products Act 120 of 1977

16. Notice of intention to repeal regulation R641 published on 2 June 2009 regarding the levying, collection and reimbursement of incremental inland transport cost recovery levies. Published in GG 36178 Notice Number 129 dated 20 February 2013.

Agricultural Pests Act 36 of 1983

17. Amendment to the control measures. Published in GG 36124 Notice Number 76 dated 8 February 2013.

18. Amendment to the regulations. Published in GG 36124 Notice Number 77 dated 8 February 2013.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Civil Aviation Act 13 of 2009

19. Civil Aviation Regulations, 2011. Published in GG 36140 Notice Number 91 dated 8 February 2013.

20. Civil Aviation Regulations, 2011 – correction notice. Published in GG 36140 Notice Number 90 dated 8 February 2013.

21. Airport Slot Coordination Regulations. Published in GG 36175 Notice Number 128 dated 22 February 2013.

Medicines and Related Substances Act 101 of 1965

22. Medicines Control Council: conditions of registration of a medicine in terms of the provisions of section 15(7) of the Act. Published in GG 36136 Notice Number 74 dated 6 February 2013.

23. Regulations relating to a transparent pricing system for medicines and scheduled substances – publication of the guidelines for pharmaeconomic submissions. Published in GG 36118 Notice Number 68 dated 1 February 2013.

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

National Environmental Management: Integrated Coastal Management Act 24 of 2008

24. Draft control of the use of vehicles in the Coastal Area Regulations. Published in GG 36183 Notice Number 150 dated 1 March 2013.

25. Draft management of public launch sites in the Coastal Zone Regulations. Published in GG 36183 Notice Number 151 dated 1 March 2013.

National Environmental Management: Air Quality Act 39 of 2004

26. Proposed amendments to the 2007 National Framework for Air Quality Management. Published in GG 36161 Notice Number 115 dated 15 February 2013.

National Environmental Management: Biodiversity Act 10 of 2004

27. Correction notice for the draft Biodiversity Management Plan for the African Penguin (Spheniscus Demersus). Published in GG 36160 Notice Number 114 dated 15 February 2013.

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

Free State Province

28. Norms and Standards for the keeping and management of Bontebok (Damiliscus Pygarsus Pygarsus) in the Free State Province. Published in PG 75 Notice Number 118 dated 1 February 2013.

29. Activities regarding listed large predators by land owners, foreign clients and the exportation of hunting trophies. Published in PG 75 Notice Number 119 dated 1 February 2013.

30. Activities regarding White Rhinoceros (Ceratotherium simum) and Black Rhinoceros (Diceros bicornis). Published in PG 75 Notice Number 120 dated 1 February 2013.

KwaZulu-Natal Province

31. Declaration of a Provincial State of Disaster. Published in PG 906 Notice Number 34 dated 28 February 2013.

32. KwaZulu-Natal Heritage Act 4 of 2008: Amafa/Heritage KZN is considering the issuing of permits. Published in PG 900 Notice Number 30 dated 21 February 2013.

33. Local Government: Municipal Systems Act 32 of 2000: By-law relating to the Control of Public Nuisances. Published in PG 897 Notice Number 9 dated 15 February 2013.

Limpopo Province

34. Hunting season for Limpopo 2013/2014 – hunting of game: mammals. Published in PG 2168 Notice Number 53 dated 19 February 2013.

35. Hunting season for Limpopo 2013/2014 – hunting of game: birds. Published in PG 2168 Notice Number 54 dated 19 February 2013.

36. Disaster Management Act 57 of 2002: Declaration of Makhado, Musina, Thulamela and Mutale Local Municipalities in Vhembe District Municipality as disaster areas. Published in PG 2172 Notice Number 74 dated 22 February 2013.

Mpumalanga Province

37. Disaster Management Act 57 of 2002: Thembisile Hani Local Municipality – declaration of a local state of disaster. Published in PG 2144 Notice Number 39 dated 22 February 2013.

38. Thembisile Hani Local Municipality: Publication of Solid Waste Management By-law and Water Supply and Sanitation Services By-law. Published in PG 2138 dated 15 February 2013.

North-West Province

39. The Environmental Management Framework Regulations, 2010: the adoption of the Rustenburg Local Municipality Environmental Management Framework. Published in PG 7083 Notice Number 64 dated 15 February 2013.

40. The Environmental Management Framework Regulations, 2010: the adoption of the Madibeng Local Municipality Environmental Management Framework. Published in PG 7083 Notice Number 65 dated 15 February 2013.

Western Cape Province

41. Western Cape Nature Conservation Board: Amendment of Notice 16/2009: Wolwekop Nature Reserve. Published in PG 7082 Notice Number 21 dated 25 January 2013.

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

Free State Province

42. Ratlou Local Municipality: Draft By-laws published in PG 7080 Notice Number 22 dated 6 February 2013:
a. Water & Sanitation By-law
b. Environmental Health By-law
c. Refuse/Waste Management By-law

North-West Province

43. Motlosana Local Municipality: proposed amendments to the Solid Waste and Sanitation By-law of 2003. Published in PG 7050 dated 18 January 2013.

KwaZulu-Natal Province

44. uThungulu District Municipality: Draft Environmental Health By-law. Published in PG 899 dated 18 February 2013.

45. KwaZulu-Natal Heritage Act 4 of 2008: Notice of intention to amend the schedule for Portion 1 of farm Rietkuil No 11048. Published in PG 900 Notice Number 31 dated 21 February 2013.

46. KwaZulu-Natal Heritage Act 4 of 2008: Notice of intention to amend the schedule for Ndlela kaSompisi Memorial. Published in PG 900 Notice Number 32 dated 21 February 2013.

47. KwaZulu-Natal Heritage Act 4 of 2008: Notice of intention to amend the schedule for Sigananda Shezi Memorial. Published in PG 900 Notice Number 33 dated 21 February 2013.

48. KwaZulu-Natal Heritage Act 4 of 2008: Notice of intention to amend the schedule for Bhambatha Memorial. Published in PG 900 Notice Number 34 dated 21 February 2013.

Western Cape Province

49. Western Cape Nature Conservation Board: Intention to declare the Towerland Nature Reserve. Published in PG 7082 Notice Number 22 dated 25 January 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 1 March 2013)

• Before National Assembly Committees

➢ Tourism Bill (B44 – 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 (B39 of 2012)
➢ Spatial Planning and Land Use Management Bill (B4 of 2012)
➢ National Environmental Management Laws Amendment Bill (B13 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