SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

1. Amendments to Regulations on the Fees for Consideration and Processing of Environmental Authorisations and Amendments thereto. Published in GG 38417 Notice Number 43 dated 23 January 2015.

National Environmental Management: Waste Act 59 of 2008

2. Amendments to Regulations on the Fees for Consideration and Processing of Applications for Waste Management Licences, Transfer and Renewal thereof. Published in GG 38417 Notice Number 44 dated 23 January 2015.

National Forests Act 84 of 1998

3. Declaration of appointment of forest officers in terms of section 65 of the Act. Published in GG 38388 Notice Number 13 dated 16 January 2015.

Petroleum Products Act 120 of 1977

4. Regulations in respect of the Single Maximum National Retail Price for Illuminating Paraffin. Published in GG 38385 Notice Number 7 dated 6 January 2015.

5. Amendment of the Regulations in terms of the Act regarding Petroleum Products. Published in GG 38385 Notice Number 8 dated 6 January 2015.

6. Maximum Retail Price for Liquefied Petroleum Gas. Published in GG 38385 Notice Number 9 dated 6 January 2015.

National Nuclear Regulator Act 47 of 1999

7. Notice in terms of section 28 on the fees for Eskom’s Steam Generator Replacement Project. Published in GG 38379 Notice Number 12 dated 9 January 2015.

SECTION B: SAFETY AND HEALTH (NATIONAL)

No National Safety and Health legislation published for the month of January 2015.

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

National Environmental Management: Biodiversity Act 10 of 2004

8. Publication of draft Norms and Standards for the translocation of indigenous species in South Africa. Members of the public are invited to submit written comments within 30 days after publication of this notice in the Gazette. Published in GG 38395 Notice Number 44 dated 15 January 2015.

9. Publication of notice of bioprospecting permit application submitted by Crocure (Pty) Ltd and Croc City Farming CC. Members of the public with traditional knowledge associated with the use of crocodile niloticus fats are invited to submit written names and evidence to the Minister within 30 days after publication of this notice in the Gazette. Published in GG 38436 Notice Number 83 dated 30 January 2015.

National Environmental Management: Integrated Coastal Management Act 24 of 2008

10. Publication of Draft Research 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 38388 Notice Number 16 dated 16 January 2016.

Disaster Management Act 57 of 2002

11. Introduction of the Disaster Management Bill, 2015: Explanatory summary. Published in GG 38419 Notice Number 70 dated 30 January 2015.

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

KwaZulu-Natal Province

12. Local Government: Municipal Systems Act 32 of 2000: City of uMhlathuze: Amendment to By-laws relating to Stormwater Management. Published in PG 1292 Notice Number 1 dated 8 January 2015.

13. Local Government: Municipal Systems Act 32 of 2000: City of uMhlathuze: Amendment to By-laws relating to Electrical Supply. Published in PG 1292 Notice Number 2 dated 8 January 2015.

14. Local Government: Municipal Systems Act 32 of 2000: Umuziwabantu Municipality: Amended Outdoor Advertising By-laws. Published in PG 1299 Notice Number 11 dated 16 January 2015.

15.  Local Government: Municipal Systems Act 32 of 2000: Endumeni Municipality: Establishment of By-law relating Electricity Supply. Published in PG 1303 Notice Number 15 dated 27 January 2015.

North West Province

16. Local Government Municipal Systems Act 32 of 2000: Greater Taung Local Municipality: By-law relating to unsightly and neglected buildings and premises. Published in PG 7401 Notice Number 13 dated 28 January 2015.

Western Cape Province

17. Western Cape Nature Conservation Board: Hunting Seasons, Daily Bag Limits and Hunting by the use of Prohibited Hunting Methods. Published in PG 7345 Notice Number 15 dated 23 January 2015. 

Eastern Cape Province

18. Nature and Environmental Conservation Ordinance 19 of 1974 and Problem Animal Control Ordinance 26 of 1957; Bisho / King Williams Town: Determination of 2015 hunting season and daily bag limits. Published in PG 3331 Notice Number 1 dated 30 January 2015.

Free State Province

19. Local Government: Municipal Systems Act 32 of 2000: Mantsopa Local Municipality: Adoption of By-law relating to Building Regulations. Published in PG 86 dated 12 December 2014.

20. Local Government: Municipal Systems Act 32 of 2000: Mantsopa Local Municipality: Adoption of By-law relating to Cemeteries and Crematoria. Published in PG 86 dated 12 December 2014.

21. Local Government: Municipal Systems Act 32 of 2000: Mantsopa Local Municipality: Adoption of By-law relating to Unsightly and Neglected Buildings. Published in PG 86 dated 12 December 2014.

22. Local Government: Municipal Systems Act 32 of 2000: Mantsopa Local Municipality: Adoption of By-law relating to Waste Management. Published in PG 86 dated 12 December 2014.

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

Eastern Cape Province

23. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare nature reserves and protected environments. Members of the public are invited to submit written comments within 60 days after publication of this notice in the Gazette. Published in PG 3326 Notice Number 1 dated 20 January 2015.

Gauteng Province

24. Local Government: Municipal Systems Act 32 of 2000: Intention to create a by-law on Public Participation on the City of Tshwane. Published in PG 1 Notice Number 7 dated 7 January 2015.

Free State Province

25. Intention to declare the Sneeuwberg Protected Environment in terms of section 33 (1) of the National Environmental Management: Protected Areas Act 57 of 2003. Members of the public are invited to submit written comments within 60 days after publication of this notice in the Gazette. Published in PG 91 Notice Number 130 dated 16 January 2015.

KwaZulu-Natal Province

26. Notice of intention to list the property known as the Kwa Muhle Museum as a Provincial Heritage Landmark in terms of section 39 (2) of the KwaZulu-Natal Heritage Act 4 of 2008. Members of the public are invited to submit written comments within 30 days after publication of this notice in the Gazette. Published in PG 1304 Notice Number 8 dated 29 January 2015.

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 30 January 2015)

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