SECTION A:  ENVIRONMENTAL (NATIONAL)

Merchant Shipping Act 57 of 1951

1. Amendment to the Merchant Shipping (Radio Installations) Regulations 2013. Published in GG 36623 Notice Number 457 dated 1 July 2013.

2. Withdrawal notice of GG 36578 dated 18 June 2013 – Merchant Shipping (Safe Manning, Training and Certificate) Regulations 2013. Published in GG 36688 Notice Number 510 dated 23 July 2013.

3. Merchant Shipping (Safe Manning, Training and Certificate) Regulations 2013. Published in GG 36688 Notice Number 511 dated 23 July 2013.

Marine Living Resources Act 18 of 1988

4. Recognition of organisations as interest groups in terms of section 8 of the Act. Published in GG 36630 Notice Number 701 dated 8 July 2013.

National Environmental Management: Biodiversity Act 10 of 2004

5. Alien and Invasive Species Regulations. Published in GG 36683 Notice Number 506 dated 19 July 2013.

6. Publication of list of invasive species. Published in GG 36683 Notice Number 507 dated 19 July 2013.

7. Publication of prohibited alien species. Published in GG 36683 Notice Number 508 dated 19 July 2013.

8. Publication of exempted alien species. Published in GG 36683 Notice Number 509 dated 19 July 2013.

National Environmental Management Laws Amendment Act 14 of 2013

9. The President has assented to the Act which has been published for public information in GG 36703 Notice Number 530 dated 24 July 2013.

SECTION B: SAFETY AND HEALTH (NATIONAL)

National Railway Safety Regulator Act 16 of 2002

10. Determination of safety permit fees under section 23(2)(a) of the Act. Published in GG 36635 Notice Number 470 dated 5 July 2013.

Firearms Control Act 60 of 2000

11. Notice in terms of section 136(1) of the Act (the State intends to destroy all firearms, ammunition as well as firearm parts that were voluntarily surrendered to or forfeited to the State). Published in GG 36643 Notice Number 483 dated 8 July 2013.

Nursing Act 33 of 2005

12. Regulations relating to the conducting of inquiries into alleged unfitness to practice due to disability or impairment of persons registered in terms of the Act. Published in GG 36671 Notice Number 490 dated 15 July 2013.

National Health Amendment Act 12 of 2013

13. The President has assented to the Act which has been published for public information in GG 36702 Notice Number 529 dated 24 July 2013.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

14. Enforcement by local authority: the Minister of Health authorises certain municipalities to enforce sections 10(3)(b), 11 and 24 of the Act. Published in GG 36672 Notice Number 491 dated 15 July 2013.

Civil Aviation Act 13 of 2009

15. First amendment of the Civil Aviation Regulations, 2011. Published in GG 36712 Notice Number 532 dated 30 July 2013.

16. Second amendment of the Civil Aviation Regulations, 2011. Published in GG 36712 Notice Number 533 dated 30 July 2013.

17. Third amendment of the Civil Aviation Regulations, 2011. Published in GG 36712 Notice Number 534 dated 30 July 2013.

18. Fourth amendment of the Civil Aviation Regulations, 2011. Published in GG 36712 Notice Number 535 dated 30 July 2013.

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

Draft Conservation of Agricultural Resources Amendment Bill 2013

19. All interested parties are invited to submit comments on the Bill within 14 days of the publication date of this notice. Published in GG 36605 Notice Number 673 dated 2 July 2013.

20. Correction notice: All interested parties are invited to submit comments on the bill within 30 days of the publication date of this notice. Published in GG 36647 Notice Number 727 dated 9 July 2013.

National Environmental Management: Air Quality Amendment Bill 2013.

21. Explanatory summary of the Bill published in GG 36673 Notice Number 735 dated 18 July 2013.

National Environmental Management: Laws Amendment Bill 2013

22. Explanatory summary of the Bill published in GG 36673 Notice Number 736 dated 18 July 2013.

National Environmental Management: Waste Amendment Bill 2013

23. Explanatory summary of the Bill published in GG 36673 Notice Number 737 dated 18 July 2013.

National Environmental Management: Protected Areas Amendment Bill 2013

24. Explanatory summary of the Bill published in GG 36682 Notice Number 756 dated 26 July 2013.

National Environmental Management: Biodiversity Act 10 of 2004

25. Draft Biodiversity Management Plan for Bearded Vulture (Gypaetus Barbatus Meridionalis). Published in GG 36697 Notice Number 763 dated 26 July 2013.

National Water Act 36 of 1998

26. Proposal for the establishment of the Breede-Gouritz Catchment Management Agency. Published in GG 36637 Notice Number 481 dated 12 July 2013.

27. Proposed disestablishment of the Gouritz Catchment Management Agency in the Western Cape Province. Published in GG 36637 Notice Number 482 dated 12 July 2013.

28. Proposal for the establishment of the Inkomati-Usuthu Catchment Management Agency. Published in GG 36682 Notice Number 523 dated 26 July 2013.

29. Proposed disestablishment of the Usuthu-Mhlathuze Catchment Management Agency in the KwaZulu-Natal Province. Published in GG 36682 Notice Number 524 dated 26 July 2013.

Marine Living Resources Act 18 of 1998

30. Invitation to apply for rights to undertake commercial fishing of Demersal Shark, Hake Handline, Kwa-Zulu Natal Prawn Trawl, Oyster Squid, Traditional Linefish, Tuna Pole-line and White Mussel. Published in GG 36675 Notice Number 751 dated 17 July 2013.

World Heritage Convention Act 49 of 1999

31. Notice of intention to declare a Management Authority for the Robben Island Museum World Heritage Site. Published in GG 36637 Notice Number 704 dated 12 July 2013.

32. Notice of intention to declare a Management Authority for the Makapan Valley World Heritage Site which is a component of the Fossil Hominid Sites of South Africa. Published in GG 36637 Notice Number 705 dated 12 July 2013.

33. Notice of intention to declare a Management Authority for the Taung Skull Fossil World Heritage Site which is a component of the Fossil Hominid Sites of South Africa. Published in GG 36637 Notice Number 706 dated 12 July 2013.

34. Notice of intention to declare a Management Authority for the Richtersveld Cultural and Botanical Landscapes World Heritage Site. Published in GG 36637 Notice Number 707 dated 12 July 2013.

35. Notice of intention to declare a Management Authority for the Ukhahlamba/Drakensburg Park World Heritage Site. Published in GG 36637 Notice Number 708 dated 12 July 2013.

Nuclear Energy Act 46 of 1999

36. Invitation to comment on measures determined by the Minister of Energy regarding the fulfilment of responsibilities referred to in section 33(1) read with section 33(2) of the Act. Published in GG 36666 Notice Number 739 dated 19 July 2013.

National Energy Act 34 of 2008

37. Draft 2012 Integrated Energy Planning Report – Executive Summary. Published in GG 36690 Notice Number 512 dated 24 July 2013.

38. Draft 2012 Integrated Energy Planning Report. Published in GG 36690 Notice Number 513 dated 24 July 2013.

Agricultural Product Standards Act 119 of 1990

39. Proposed amendment to the regulations relative to the grading, packing and marking of dry beans intended for sale in the Republic of South Africa. Published for public comment in GG 36667 Notice Number 493 dated 19 July 2013.

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

Western Cape Province

40. Western Cape Noise Control Regulations. Published in PG 7141 Notice Number 200 dated 20 June 2013.

41. Overstrand Municipality: Integrated Waste Management By-law. Published in PG 7149 dated 12 July 2013.

42. Cape Agulhas Municipality: Electricity Supply By-law. Published in PG 7153 dated 26 July 2013.

Eastern Cape Province

43. Municipal Structures Act 117 of 1998: Elundini Municipality: By-law relating to the control of waste disposal sites. Published in PG 2983 Notice Number 28 dated 9 July 2013.

Gauteng Province

44. Gauteng Transport Infrastructure Act 8 of 2001: Amendment of Notice 1397 of 2013 in PG 144 dated 30 May 2013 in connection with the Gautrain Rapid Rail Link between Pretoria, Johannesburg and the OR Tambo International Airport. Published in PG 188 Notice Number 1734 dated 5 July 2013. 

45. Gauteng Transport Infrastructure Act 8 of 2001: Proclamation of the increase in width of a portion of the Provincial Railway Line in connection with the Gautrain Rapid Rail Link between Pretoria, Johannesburg and the OR Tambo International Airport. Published in PG 200 Notice Number 1797 dated 5 July 2013. 

46. Environmental Management Framework Regulations 2010: Adoption of the Dinokeng Environmental Management Framework. Published in PG 204 Notice Number 1864 dated 22 July 2013.

47. Environmental Management Framework Regulations 2010: Adoption of the South Western Tshwane and North Western Johannesburg Environmental Management Framework. Published in PG 204 Notice Number 1865 dated 22 July 2013.

48. Local Government: Municipal Systems Act 32 of 2000: City of Johannesburg Metropolitan Municipality: Waste Management By-law. Published in PG 216 Notice Number 1012 dated 30 July 2013.

49. Local Government: Municipal Systems act 32 of 2000: City of Tshwane Metropolitan Municipality: Standard Electricity By-law. Published in PG 185 Notice Number 885 dated 3 July 2013.

KwaZulu-Natal Province

50. Local Government: Municipal Systems Act 32 of 2000: uMhlatuze Municipality: Amendment to the Beach By-law. Published in PG 994 Notice Number 84 dated 29 July 2013.

51. Local Government: Municipal Systems Act 32 of 2000: uMhlatuze Municipality: Amendment to the Electricity Supply By-law. Published in PG 994 Notice Number 85 dated 29 July 2013.

52. Local Government: Municipal Systems Act 32 of 2000: uMhlatuze Municipality: Amendment to the Water Services By-law. Published in PG 994 Notice Number 86 dated 29 July 2013.

53. Local Government: Municipal Systems Act 32 of 2000: uMhlatuze Municipality: Disaster Management By-law. Published in PG 994 Notice Number 87 dated 29 July 2013.

Limpopo Province

54. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Abattoir By-law. Published in PG 2227 Notice Number 101 dated 26 July 2013.

55. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Aerodrome By-law. Published in PG 2227 Notice Number 101 dated 26 July 2013.

56. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Cemetery By-law. Published in PG 2227 Notice Number 101 dated 26 July 2013.

57. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Electricity By-law. Published in PG 2227 Notice Number 101 dated 26 July 2013.

58. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: By-law relating to the control of inflammable liquids and substances. Published in PG 2227 Notice Number 101 dated 26 July 2013.

59. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Refuse Removal By-law. Published in PG 2227 Notice Number 101 dated 26 July 2013.

Free State Province

60. Mantsopa Local Municipality: Electricity Supply By-law 2013. Published in PG 36 dated 26 July 2013.

61. Mantsopa Local Municipality: Reuse Removal By-law 2013. Published in PG 36 dated 26 July 2013.

62. Mantsopa Local Municipality: Water Restrictions By-law 2013. Published in PG 36 dated 26 July 2013.

63. Mantsopa Local Municipality: Water Services By-law 2013. Published in PG 36 dated 26 July 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 2 August 2013)

• Before National Assembly Committees

➢ Merchant Shipping (Civil Liability Convention) Bill (B20 of 2013)
➢ Merchant Shipping (International Oil Pollution Compensation Fund) Bill (B19 of 2013)
➢ Mineral and Petroleum Resources Development Amendment Bill (B15 of 2013)
➢ National Environmental Management Laws Second Amendment Bill (B13 of 2013)
➢ National Environmental Management: Integrated Coastal Management Amendment Bill (B8 – 2013)
➢ Tourism Bill (B44 – 2012)
➢ Fertilizers and Feeds Bill (B 41 -2012)  
➢ Broad-Based Black Economic Empowerment Amendment Bill (B 42 -2012) 
➢ Mental Health Care Amendment Bill (B39 of 2012)
➢ Spatial Planning and Land Use Management Bill (B4 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