SECTION A:  ENVIRONMENTAL (NATIONAL)

Electricity Act 41 of 1987

1. Licence fees payable by licensed generators of electricity. Published in GG 36425 Notice Number 436 dated 2 May 2013.

National Environmental Management: Integrated Coastal Management Act 24 of 2008

2. National Estuarine Management Protocol. Published in GG 36432 Notice Number 341 dated 10 may 2013.

Agricultural Product Standards Act 119 of 1990

3. Regulations relating to the grading, packing and marking of fresh vegetables intended for sale in the Republic of South Africa. Published in GG 36480 Notice Number 364 dated 24 May 2013.

Mineral and Petroleum Resources Development Act 28 of 2002

4. Restriction under section 49(1) of the MPRDA on granting of new prospecting, reconnaissance permission, mining right or mining permits in respect of certain land. Published in GG 36490 Notice Number 367 dated 24 May 2013.

Mineral and Petroleum Resources Development Amendment Act 49 of 2008

5. Commencement date of the Act is 7 June 2013. Published in GG 36512 Notice Number 14 dated 31 May 2013.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

6. Amendment to the regulations governing Irradiated Foodstuffs. Published in GG 36484 Notice Number 366 dated 24 May 2013.

7. Correction notice (published for general information) to Government Notice Number 35941 published on 6 December 2012. Published in GG 36483 Notice Number 365 dated 24 May 2013.

Medicines and Related Substances Act 101 of 1965

8. Exclusion of certain medicines from the operation of certain provisions of the Act. Published in GG 36507 Notice Number 377 dated 29 May 2013.

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

World Heritage Convention Act 41 of 1987

9. Intention to proclaim the Vredefort Dome a World Heritage Site in terms of the Act. Published in GG 36418 Notice Number 437 dated 3 May 2013.

Gas Amendment Bill 2013

10. Published for public comment in GG 36425 Notice Number 443 dated 3 May 2013.The Department of Energy will be facilitating various workshops around the country on the Bill – please refer to www.energy.gov.za for a full schedule of workshops.

National Forests Amendment Bill 2013

11. All interested institutions, organisations and individuals are requested to submit written comments on the Bill. Published in GG 36485 Notice Number 542 dated 31 May 2013.

National Veld and Forest Fire Amendment Bill 2013

12. All interested institutions, organisations and individuals are requested to submit written comments on the Bill. Published in GG 36485 Notice Number 543 dated 31 May 2013.

Mineral and Petroleum Resources Development Amendment Bill 2013

13. Notification that the Department of Mineral Resouces will introduce the Bill into Parliament during the course of June 2013. Published in GG 36523 Notice Number 567 dated 31 May 2013. 

National Environmental Management: Waste Act 59 of 2008

14. Draft National Norms and Standards for the remediation of contaminated land and soil quality in South Africa. Published in GG 364447 Notice Number 467 dated 10 May 2013.

Department of Agriculture, Forestry and Fisheries
15. Draft Revised Sector Specific Fisheries Policies for the Allocation and Management of Fishing Rights: May 2013. Published for public comment in GG 36460 Notice Number 473 dated 14 May 2013.

16. Draft Revised Policy for the Allocation and Management of Fishing Rights in the Traditional Linefish Fishery: 2013. Published in GG 36460 dated 14 May 2013.

17. Draft Revised Policy for the Allocation and Management of Fishing Rights in the Squid Fishery: 2013. Published in GG 36460 dated 14 May 2013.

18. Draft Revised Policy for the Allocation and Management of Fishing Rights in the Tuna Pole and Line
Fishery: 2013. Published in GG 36460 dated 14 May 2013.

19. Draft Revised Policy for the Allocation and Management of Fishing Rights in the Demersal Shark Fishery: 2013. Published in GG 36460 dated 14 May 2013.

20. Draft Revised Policy for the Allocation and Management of Fishing Rights in the Oyster Fishery: 2013. Published in GG 36460 dated 14 May 2013.

21. Draft Revised Policy for the Allocation and Management of Fishing Rights in the White Mussel Fishery: 2013. Published in GG 36460 dated 14 May 2013.

22. Draft Revised Policy for the Allocation and Management of Fishing Rights in the Hake Handline Fishery: 2013. Published in GG 36460 dated 14 May 2013.

23. Draft Revised Policy for the Allocation and Management of Fishing Rights in the KZN Prawn Trawl Fishery: 2013. Published in GG 36460 dated 14 May 2013.

24. Extension to comment on the Draft Revised General Policy on the Allocation and Management of Fishing Rights. Published in GG 36491 Notice Number 557 dated 27 May 2013.

25. Extension to comment on the Draft Revised Sector Specific Fisheries Policy on the Allocation and Management of Fishing Rights. Published in GG 36491 Notice Number 558 dated 27 May 2013.

Marine Living Resources Act 18 of 1998

26. Extension of the period to comment on the Draft Marine Living Resouces Amendment Bill, 2013. Published in GG 36491 Notice Number 556 dated 27 May 2013.

National Road Traffic Act 93 of 1996

27. Draft regulations published in GG 36479 Notice Number 540 dated 24 May 2013.

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

Eastern Cape Province

28. Nature and Environmental Conservation Ordinance 19 of 1974: Problem Animal Control Ordinance 26 of 1957: Hunting Season. Published in PG 2949 Notice Number 1 dated 6 May 2013.

29. Nature Conservation Act 10 of 1987: Hunting Season: Former Ciskei. Published in PG 2949 Notice Number 79 dated 6 May 2013.

Western Cape Province

30. Swellendam Municipality: By-law relating to the Management and Use of Rivers. Published in PG 7131 dated 24 May 2013.

Mpumalanga Province

31. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Kudu Private Nature Reserve. Published in PG 2170 Notice Number 158 dated 10 May 2013.

Gauteng Province

32. Gauteng Transport Infrastructure Act 8 of 2001: Proclamation of a provincial railway line in connection with the Gautrain Rapid Rail Link between Pretoria, Johannesburg and the OR Tambo International Airport. Published in PG 140 Notice Number 1330 dated 28 May 2013.

33. Gauteng Transport Infrastructure Act 8 of 2001: Proclamation of a provincial railway line in connection with the Gautrain Rapid Rail Link between Pretoria, Johannesburg and the OR Tambo International Airport. Published in PG 144 Notice Number 1397 dated 30 May 2013.

Free State Province

34. Ngwathe Local Municipality: Electricity Supply By-law 2013. Published in PG 11 dated 17 May 2013.

35. Ngwathe Local Municipality: Fire and Emergency Services By-law 2013. Published in PG 11 dated 17 May 2013.

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

Western Cape Province

36. Western Cape District Health Councils Amendment Bill 6 of 2013. Published in PG 7128 Notice Number 148 dated 6 May 2013.

Eastern Cape Province

37. Local Government: Municipal Structures Act 117 of 1998: proposed amendment to Provincial Gazette 687 dated 2 December 2000. Published for public comment in PG 2952 Notice Number 48 dated 8 May 2013.

Mpumalanga Province

38. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare an area as part of an existing protected environment and intention to declare a nature reserve. Published in PG 2169 Notice Number 157 dated 10 May 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 3 June 2013)

• Before National Assembly Committees

➢ 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) 
➢ 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