SECTION A:  ENVIRONMENTAL (NATIONAL)

Merchant Shipping (International Oil Pollution Compensation Fund) Contributions Act 36 of 2013

1. The Act will come into effect on a date fixed by the President by proclamation in a gazette. Published in GG 37219 Notice Number 2 dated 8 January 2014.

National Forests Act 84 of 1998

2. Exemptions in terms of sections 7(1) and 15(1) of the Act. Published in GG 37246 Notice Number 25 dated 24 January 2014.

Broad-Based Black Economic Empowerment Amendment Act 46 of 2013

3. The President has assented to the Amendment Act and all sections except for section 3(b) will come into operation on a date fixed by the President by proclamation in the Gazette. Section 3(b) will come into effect one year after the date fixed by the President. Published in GG 37271 Notice Number 55 dated 27 January 2014.

Petroleum Pipelines Levies Act 28 of 2004

4. Levy and interest payable for the Petroleum Pipelines Industry. Published in GG 37256 Notice Number 40 dated 24 January 2014

Gas Regulatory Levies Act 75 of 2002

5. Levy and interest payable for the piped-gas industry. Published in GG 37256 Notice Number 41 dated 24 January 2014.

National Nuclear Regulator Act 47 of 1999

6. Fees for nuclear authorisations. Published in GG 37262 Notice Number 38 dated 31 January 2014.

Consumer Price Index

7. Consumer Price Index Rate for December 2013. Published in GG 37262 Notice Number 42 dated 31 January 2014.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Medicines and Related Substances Act 101 of 1965

8. Annual adjustment of the single exit price of medicines and scheduled substances for 2014. Published in GG 37292 Notice Number 68 dated 31 January 2014.

9. Information to be provided by manufacturers and/or importers of medicines and scheduled substances when applying for the single exit price adjustment for 2014. Published in GG 37292 Notice Number 69 dated 31 January 2014.

Agricultural Product Standards Act 119 of 1990

10. Regulations relating to the grading, packing and marking of avocados intended for sale in South Africa. Published in GG 37223 Notice Number 5 dated 17 January 2014.

11. Amendment to the standards and requirements regarding the control of the export of cherries. Published in GG 37246 Notice Number 29 dated 24 January 2014.

Department of Agriculture, Forestry and Fisheries

12. Application for market access permits for agricultural products. Published in GG 37241 Notice Number 27 dated 21 January 2014.

Marketing of Agricultural Products Act 47 of 1996

13. Amendment to the Declaration of Agricultural Products. Published in GG 37263 Notice Number 46 dated 31 January 2014.

14. Invitation to register as a directly affected group in terms of the Act. Published in GG 37262 Notice Number 34 dated 31 January 2014.

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

National Energy Act 34 of 2008

15. Draft Position Paper on the South African Biofuels Regulatory Framework. Members of the public are invited to submit written comments before 10 February 2014. Published in GG 37232 Notice Number 24 dated 15 January 2014.

Marketing of Agricultural Products Act 47 of 1996

16. Application for a statutory measure on sorghum. Interested parties are requested to submit comments on the proposed statutory levy before 14 February 2014. Published in GG 37262 Notice Number 33 dated 31 January 2014.

Health Professions Act 56 of 1974

17. Draft regulations relating to the registration of student emergency care consultants and student emergency care specialists. Interested persons are invited to submit comments on the draft regulations within 3 months from the date of publication of this notice. Published in GG 37278 Notice Number 61 dated 28 January 2014.

18. Draft regulations relating to names that may not be used in relation to the profession of emergency care. Interested persons are invited to submit comments on the draft regulations within 3 months from the date of publication of this notice. Published in GG 37277 Notice Number 60 dated 28 January 2014.

19. Draft regulations relating to the registration of student emergency care assistants, student emergency care technicians or student emergency care practitioners. Interested persons are invited to submit comments on the draft regulations within 3 months from the date of publication of this notice. Published in GG 37276 Notice Number 59 dated 28 January 2014.

20. Draft regulations relating to the qualifications for the registration of emergency care practitioners. Interested persons are invited to submit comments on the draft regulations within 3 months from the date of publication of this notice. Published in GG 37275 Notice Number 58 dated 28 January 2014.

21. Draft regulations relating to the qualifications for registration of basic ambulance assistants, ambulance emergency assistants, operational emergency care orderly and paramedics. Interested persons are invited to submit comments on the draft regulations within 3 months from the date of publication of this notice. Published in GG 37274 Notice Number 57 dated 28 January 2014.

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

Western Cape Province

22. Declaration of the provincial state of flood disaster. Published in PG 7214 Notice Number 430 dated 13 December 2013.

23. Western Cape Nature Conservation Board – declaration of the Piet Maree Nature Reserve. Published in PG 7217 Notice Number 2 dated 10 January 2014.

24. Western Cape Nature Conservation Board – declaration of the Rooiolifantskloof Nature Reserve. Published in PG 7217 Notice Number 3 dated 10 January 2014.

25. Beaufort West Municipality: Public Nuisances By-law. Published in PG 7219 dated 17 January 2014.

26. Hessequa Municipality: Amendment to the Heritage Resources and Cultural Institutions By-law. Published in PG 7219 dated 17 January 2014.

27. Hessequa Municipality: Amendment to the Irrigation Water By-law. Published in PG 7219 dated 17 January 2014.

28. Hessequa Municipality: Amendment to the Air Pollution By-law. Published in PG 7219 dated 17 January 2014.

29. Laingsburg Municipality: Cemeteries and Crematoria By-law. Published in PG 7222 Notice Number 123 dated 6 December 2013.

30. Laingsburg Municipality: Electricity Supply By-law. Published in PG 7222 Notice Number 126 dated 6 December 2013.

31. Laingsburg Municipality: Fire Safety By-law. Published in PG 7222 Notice Number 127 dated 6 December 2013.

32. Laingsburg Municipality: Public Amenities By-law. Published in PG 7222 Notice Number 132 dated 6 December 2013.

33. Laingsburg Municipality: Prevention of Public Nuisances By-law. Published in PG 7222 Notice Number 133 dated 6 December 2013.

34. Laingsburg Municipality: Sporting Facilities By-law. Published in PG 7222 Notice Number 136 dated 6 December 2013.

35. Laingsburg Municipality:  Storm Water Management By-law. Published in PG 7222 Notice Number 137 dated 6 December 2013.

36. Laingsburg Municipality: Water Supply, Sanitation Services and Industrial Effluent By-law. Published in PG 7222 Notice Number 168 dated 6 December 2013.

37. Prince Albert Municipality: Amendment of various by-laws. Published in PG 7224 dated 31 January 2014.

38. Prince Albert Municipality: Commonage By-law. Published in PG 7224 dated 31 January 2014.

39. Prince Albert Municipality: Fire Safety By-law. Published in PG 7224 dated 31 January 2014.

40. Prince Albert Municipality: Sporting Facility By-law. Published in PG 7224 dated 31 January 2014.

41. Prince Albert Municipality: Stormwater Management By-law. Published in PG 7224 dated 31 January 2014.

Eastern Cape Province

42. Nature and Environmental Conservation Ordinance 19 of 1974: 2014 Hunting Season and Daily Bag Limits. Published in PG 3104 Notice Number 1 dated 17 January 2014.

43. Disaster Management Act 57 of 2002: Declaration of a local state of disaster for the Joe Gqabi District Municipality. Published in PG 3115 Notice Number 3 dated 30 January 2014.

44. Local Government: Municipal Systems Act 32 of 2000: Mbhashe Local Municipality: Abattoir By-law. Published in PG 3113 Notice Number 3 dated 31 January 2014. 

45. Local Government: Municipal Systems Act 32 of 2000: Mbhashe Local Municipality: Aerial Systems By-law. Published in PG 3113 Notice Number 5 dated 31 January 2014.

46. Local Government: Municipal Systems Act 32 of 2000: Mbhashe Local Municipality: Control of Disposal Sites By-law. Published in PG 3113 Notice Number 6 dated 31 January 2014.

47. Local Government: Municipal Systems Act 32 of 2000: Mbhashe Local Municipality: Fresh Produce Markets By-law. Published in PG 3113 Notice Number 9 dated 31 January 2014.

48. Local Government: Municipal Systems Act 32 of 2000: Mbhashe Local Municipality: Public Amenities By-law. Published in PG 3113 Notice Number 11 dated 31 January 2014.

49. Local Government: Municipal Systems Act 32 of 2000: Mbhashe Local Municipality: Regulation of Parks and Open Spaces By-law. Published in PG 3113 Notice Number 12 dated 31 January 2014.

50. Local Government: Municipal Systems Act 32 of 2000: Mbhashe Local Municipality: Cemeteries and Crematoria By-law. Published in PG 3113 Notice Number 14 dated 31 January 2014.

51. Local Government: Municipal Systems Act 32 of 2000: Mbhashe Local Municipality: Fences and Fencing By-law. Published in PG 3113 Notice Number 15 dated 31 January 2014.

52. Local Government: Municipal Systems Act 32 of 2000: Mbhashe Local Municipality: Food Handling By-law. Published in PG 3113 Notice Number 17 dated 31 January 2014.

Mpumalanga Province

53. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Chrissiesmeer Protected Environment. Published in PG 2251 Notice Number 19 dated 22 January 2014.

54. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Mabola Protected Environment. Published in PG 2251 Notice Number 20 dated 22 January 2014.

55. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Kwamandlangampisi Protected Environment. Published in PG 2251 Notice Number 21 dated 22 January 2014.

56. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Tafelkop Nature Reserve. Published in PG 2251 Notice Number 22 dated 22 January 2014.

57. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Mndawe Trust Protected Environment. Published in PG 2251 Notice Number 23 dated 22 January 2014.

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

Eastern Cape Province

58. National Environmental Management: Integrated Coastal Management Act 24 of 2008: Draft Eastern Cape Coastal Management Programme. Members of the public are invited to submit written comments within 30 days after the publication of notice in the gazette. Published in PG 3071 Notice Number 16 dated 31 January 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: (as of 4 February 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