SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

1. Regulations to phase-out the use of Polychlorinated Biphenyls (PCBs) materials and Polychlorinated Biphenyl (PCB) contaminated materials. Published in GG 37818 Notice Number 549 dated 10 July 2014.

National Environmental Management: Air Quality Act 39 of 2004

2. Regulations regarding Air Dispersion Modelling. Published in GG 37804 Notice Number 533 dated 11 July 2014.

World Heritage Convention Act 49 of 1999

3. Declaration of a Management Authority for the Ukhalhamba/Drakensberg Park World Heritage Site. Published in GG 37830 Notice Number 568 dated 18 July 2014.

4. Declaration of a Management Authority for the Robben Island Museum World Heritage Site. Published in GG 37830 Notice Number 569 dated 18 July 2014.

5. Declaration of a Management Authority for the Makapan Valley Serial World Heritage Site. Published in GG 37830 Notice Number 570 dated 18 July 2014.

6. Declaration of a Management Authority for the Taung Skull Fossil World Heritage Site. Published in GG 37830 Notice Number 571 dated 18 July 2014.

National Environmental Management: Biodiversity Act 10 of 204

7. Declaration of the Kwelera National Botanical Garden. Published in GG 37854 Notice Number 578 dated 25 July 2014.

8. Alien and Invasive Species List, 2014. Published in GG 37886 Notice Number 599 dated 1 August 2014.

9. Alien and Invasive Species Regulations, 2014. Published in GG 37885 Notice Number 598 dated 1 August 2014.

National Water Act 36 of 1998

10. Little Caledon River and Caledon River: Limiting the use of water for irrigation purposes. Published in GG 37872 Notice Number 594 dated 1 August 2014.

Water Research Act 34 of 1971

11. Water Research Fund: rates and charges: increase of 5.5%. Published in GG 37843 Notice Number 566 dated 17 July 2014.

12. Water Research Levy: rates and charges: increase of 5.7%. Published in GG 37843 Notice Number 567 dated 17 July 2014.

Legal Metrology Act 9 of 2014

13. Commencement date of the Act is 1 August 2014. Published in GG 37887 Notice Number 58 dated 1  August 2014.

Restitution of Land Rights Amendment Act 15 of 2014

14. The Amendment Act has been published for general information. Published in GG 37791 Notice Number 526 dated 1 July 2014.

Property Valuation Act 17 of 2014

15. The Act has been published for general information and comes into operation on a date fixed by the President by proclamation in the gazette. Published in GG 37792 Notice Number 526 dated 1 July 2014.

Infrastructure Development Act 23 of 2014

16. The Act came into operation 10 July 2014. Published in GG 37825 Notice Number 44 dated 7 July 2014.

Promotion of Access to Information Act 2 of 2000:

17. Manual in accordance with the Act: Justice and Constitutional Development. Published in GG 37814 dated 8 July 2014.

18. Manual in accordance with the Act: Water and Sanitation. Published in GG 37865 Notice dated 24 July 2014.

19. Description submitted in terms of the Act: Limpopo Provincial Government: Office of the Premier. Published in GG 37872 Notice Number 589 dated 1 August 2014.

20. Description submitted in terms of the Act: Limpopo Provincial Treasury. Published in GG 37872 Notice Number 590 dated 1 August 2014.

21. Description submitted in terms of the Act: Council for Medical Schemes. Published in GG 37872 Notice Number 591 dated 1 August 2014.

22. Description submitted in terms of the Act: Department of International Relations and Cooperation. Published in GG 37872 Notice Number 592 dated 1 August 2014.

Standards Act 8 of 2008

23. Standards matters. Published in GG 37872 Notice Number 593 dated 1 August 2014.

Energy Regulator Act 40 of 2004, Electricity Regulation Act 4 of 2006, Gas Act 48 of 2001, Petroleum Pipelines Act 60 of 2003

24. Notice of public hearings on the Guidelines for the Electricity Reseller Tariffs. Published in GG 37805 Notice Number 562 dated 11 July 2014.

Department of Energy

25. Call for nominations of suitable candidates to serve on the boards of State-Owned-Enterprises that report to the Minister of Energy. Published in GG 37830 Notice Number 74 dated 18 July 2014.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Compensation for Occupational Diseases and Injuries Act 130 of 1993

26. Transfer of Class 3 employers (iron, steel, artificial limbs, galvanising, garages, metals etc) to Rand Mutual Assurance (RMA). Published in GG 37826 Notice Number 565 dated 14 July 2014.

Employment Equity Amendment Act 2013

27. The Amendment Act came into operation on 1 August 2014. Published in GG 37871 Notice Number 50 dated 25 July 2014.

Employment Equity Act 55 of 1998

28. Repeal of Employment Equity Regulations. Published in GG 37873 Notice Number 595 dated 1 August 2014.

Plant Breeders Rights Act 15 of 1976

29. All aspects of plant breeder’s rights for the period October 2013 to December 2013 have been processed. Published in GG 37783 Notice Number 517 dated 4 July 2014.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

30. Repeal of the regulations relating to mayonnaise and other salad dressings with immediate effect. Published in GG 37829 Notice Number 553 dated 11 July 2014.

Marketing of Agricultural Products Act 47 of 1996

31. Call for nomination of candidates for appointment to the National Agricultural Marketing Council. Published in GG 37830 Notice Number 567 dated 18 July 2014.

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

Spatial Planning and Land Use Management Act 16 of 2013

32. Draft regulations in terms of the Act. Interested parties are invited to submit written comments on or before 4 September 2014.  Published in GG 37797 Notice Number 526 dated 4 July 2014.

National Environmental Management: Protected Areas Act 57 of 2003

33. Draft norms and standards for the management of protected areas in South Africa. Members of the public are invited to submit written comments within 30 days of publication of this notice in the gazette. Published in GG 37802 Notice Number 528 dated 7 July 2014.

National Environmental Management: Air Quality Act 39 of 2004

34. Draft National Atmospheric Emission Reporting Regulations. Members of the public are invited to submit written comments within 30 days of publication of this notice in the gazette. Published in GG 37830 Notice Number 572 dated 18 July 2014.

Civil Aviation Act 13 of 2009

35. Proposed amendments to the Civil Aviation Regulations and Technical Standard, 2011. Interested persons are requested to submit written comments on or before 18 August 2014. Published in GG 37842 Notice Number 565 dated 18 July 2014

Agricultural Product Standards Act 119 of 1990

36. Proposed amendment to the regulations regarding the control of the export of animal products and processed products. All interested parties are invited to submit written comments within 30 days of publication of this notice in the gazette.  Published in GG 37783 Notice Number 512 dated 4 July 2014.

Marketing of Agricultural Products Act 47 of 1996

37. Application for statutory measure relating to table grapes, deciduous and citrus fruit. Directly affected groups are requested to submit written comments on or before 25 July 2014. Published in GG 37783 Notice Number 551 dated 4 July 2014.

Medicines and Relates Substances Act 101 of 1965

38. GG 37796 of 3 July 2014 is withdrawn and replaced with GG 37816 Notice Number 536 dated 8 July 2014.

39. Annual proposed adjustment of the single exit price of medicines and scheduled substances for the year 2015. Interested persons are requested to submit written comments within 3 months of publication of this notice in the gazette. Published in GG 37796 Notice Number 480 dated 3 July 2014.

National Health Act 61 of 203

40. Draft Emergency Medical Services Regulations. Interested persons are requested to submit written comments within 3 months of this notice. Published in GG 37869 Notice Number 585 dated 24 July 2014.

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

 

Eastern Cape Province

41. National Environmental Management Act 107 of 1998: Wild Coast Environmental Management Plan. Published in PG 3210 Notice Number 189 dated 3 July 2014.

KwaZulu-Natal Province

42. Local Government: Municipal Systems Act 32 of 2000: Umteshezi Municipality: Cemetery By-law. Published in PG 1180 Notice Number 81 dated 8 July 2014.

43. Local Government: Municipal Systems Act 32 of 2000: Umteshezi Municipality: Fire By-law. Published in PG 1180 Notice Number 82 dated 8 July 2014.

44. Local Government: Municipal Systems Act 32 of 2000: Umteshezi Municipality: Keeping of Birds and Animals By-law. Published in PG 1180 Notice Number 83 dated 8 July 2014.

45. Local Government: Municipal Systems Act 32 of 2000: Umteshezi Municipality: Control of Public Nuisances By-law. Published in PG 1180 Notice Number 84 dated 8 July 2014.

46. Local Government: Municipal Systems Act 32 of 2000: Umteshezi Municipality: Parking By-law. Published in PG 1180 Notice Number 85 dated 8 July 2014.

47. Local Government: Municipal Systems Act 32 of 2000: Umteshezi Municipality: Pollution Control By-law. Published in PG 1180 Notice Number 86 dated 8 July 2014.

48. Local Government: Municipal Systems Act 32 of 2000: Umteshezi Municipality: Pound By-law. Published in PG 1180 Notice Number 87 dated 8 July 2014.

49. Local Government: Municipal Systems Act 32 of 2000: Umteshezi Municipality: Encroachment By-law. Published in PG 1180 Notice Number 88 dated 8 July 2014.

50. Local Government: Municipal Systems Act 32 of 2000: Umteshezi Municipality: Public Amenities By-law. Published in PG 1180 Notice Number 89 dated 8 July 2014.

51. Local Government: Municipal Systems Act 32 of 2000: Umteshezi Municipality: Public Roads By-law. Published in PG 1180 Notice Number 90 dated 8 July 2014.

52. Local Government: Municipal Systems Act 32 of 2000: Umteshezi Municipality: Storm Water Management By-law. Published in PG 1180 Notice Number 91 dated 8 July 2014.

53. Local Government: Municipal Systems Act 32 of 2000: eThekwini Municipality: Rules of Order By-law. Published in PG 1185 Notice Number 99 dated 11 July 2014.

North West Province

54. Local Government: Municipal Systems Act 32 of 2000: Madibeng Municipality: Air Quality Management By-law. Published in PG 7308 Notice Number 95 dated 4 July 2014.

Northern Cape Province

55. Local Government: Municipal Systems Act 32 of 2000: Sol Plaatje Municipality: Outdoor Advertising By-law. Published in PG 1818 Notice Number 85 dated 7 July 2014.

56. Northern Cape Planning and Development Act 1998: Umsobomvu Municipality: Adoption of the Land Use Management Systems and Regulations and came into effect on 15 July 2014. Published in PG 1825 Notice Number 99 dated 28 July 2014.

Western Cape Province

57. Laingsburg Municipality: By-law relating to the prevention of public nuisances and public nuisances arising from the keeping of animals. Published in PG 7283 dated 4 July 2014.

58. Laingsburg Municipality: By-law relating to noise control. Published in PG 7283 dated 4 July 2014.

59. Overberg Municipality: By-law relating to Quarters. Published in PG 7283 dated 4 July 2014.

60. Swartland Municipality: Repeal of By-laws. Published in PG 7285 dated 11 July 2014.

61. Swartland Municipality: Fire Safety By-law. Published in PG 7285 dated 11 July 2014.

62. Swartland Municipality: Public Amenities By-law. Published in PG 7285 dated 11 July 2014.

63. Swartland Municipality: By-law relating to Road and Streets. Published in PG 7285 dated 11 July 2014.

64. Swartland Municipality: Storm Water Management By-law. Published in PG 7285 dated 11 July 2014.

65. Swartland Municipality: By-law relating to Water Supply, Sanitation Services and Industrial Effluent. Published in PG 7285 dated 11 July 2014.

66. Drakenstein Municipality: Water Services By-Law 2014. Published in PG 7291 Notice Number 51385 dated 25 July 2014.

Limpopo Province

67. Local Government: Municipal Systems Act 32 of 2000: Capricorn District Municipality: Emergency Services By-law. Published in PG 2390 Notice Number 111 dated 18 July 2014.

Gauteng Province

68. Local Government: Municipal Property Rates Act 6 of 2004: City of Tshwane Metropolitan Municipality: Sanitation By-law. Published in PG 203 Notice Number 1003 dated 23 July 2014.

69. Local Government: Municipal Property Rates Act 6 of 2004: City of Tshwane Metropolitan Municipality: Water Supply By-law. Published in PG 203 Notice Number 1004 dated 23 July 2014.

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

Western Cape Province

70. National Environmental Management: Protected Areas Act 57 of 2003: Western Cape Nature Conservation Board: Intention to declare nature reserves. Members of the public are invited to submit written representations or objections within 60 days of publication of this notice in the gazette. Published in PG 7283 Notice Number 165 dated 4 July 2014.

71. Overstrand Municipality: Draft Standard By-law relating to municipal land use planning. Members of the public are invited to submit written representations or objections on or before 26 August 2014. Published in PG 7284 dated 11 July 2014.

Northern Cape Province

72. National Environmental Management: Protected Areas Act 57 of 2003: Intention to amend the boundaries of the Goegap Nature Reserve. Members of the public are invited to submit written representations or objections on or before 15 September 2014. Published in PG 1820 Notice Number 93 dated 14 July 2014.

73. Local Government: Municipal Systems Act 32 of 2000: Umsobomvu Municipality: Draft Spatial Planning and Land Use By-law. Members of the public are invited to submit written comments by no later than 15 August 2014. Published in PG 1825 Notice Number 98 dated 28 July 2014.

Free-State Province

74. Draft regulations governing private health care establishments, 2014. Interested persons are requested to submit written comments no later than 18 August 2014. Published in PG 36 Notice Number 60 dated 18 July 2014.

75. Draft Free-State Guideline By-law on Municipal Land Planning. All written comments must be submitted within 21 days of publication of this notice in the gazette. Published in PG 42 dated 1 August 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 August 2014)

• Before National Assembly Committees

− Medicines and Related Substances Amendment Bill (B6 of 2014)
− National Environmental Management: Integrated Coastal Management Amendment Bill (B8 of 2013)

• Awaiting signature from the President

➢ Mineral and Petroleum Resources Development Amendment Bill (B15 of 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