SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management: Air Quality Act 39 of 2004

1. Regulations regarding the phasing-out and management of ozone-depleting substances. Published in GG 37621 Notice Number 351 dated 8 May 2014.

National Environmental Management: Air Quality Amendment Act 20 of 2014

2. The Amendment Act has been published for general information and takes effect on the date of publication in the gazette i.e. 19 May 2014. Published in GG 37666 Notice Number 390 dated 19 May 2014.

National Environmental Management: Biodiversity Act 10 of 2004

3. Biodiversity Management Plan for Gypaetus Barbatus Meridionalis (Bearded Vulture). Published in GG 37620 Notice Number 350 dated 8 May 2014.

Marine Living Resources Amendment Act 5 of 2014

4. The Amendment 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 37659 Notice Number 383 dated 19 May 2014.

National Water Act 36 of 1998

5. Establishment of the Breede-Gouritz Catchment Management Agency. Published in GG 37677 Notice Number 412 dated 23 May 2014.

6. Establishment of the Pongola-Umzimkulu Catchment Management Agency. Published in GG 37676 Notice Number 411 dated 23 May 2014.

7. Establishment of the Limpopo-North West Catchment Management Agency. Published in GG 37674 Notice Number 409 dated 23 May 2014.

Special Economic Zones Act 16 of 2014

8. The Act has been published for general information and comes into operation on a date determined by the President by proclamation in the gazette. Published in GG 37664 Notice Number 388 dated 19 May 2014.

Legal Metrology Act 9 of 2014

9. The Act has been published for general information and comes into operation on a date determined by the President by proclamation in the gazette. Published in GG 37661 Notice Number 385 dated 19 May 2014.

Merchant Shipping (Civil Liability Convention) Act 25 of 2013

10. The Act has come into operation on 30 May 2014. Published in GG 37687 Notice Number 34 dated 26 May 2014

Merchant Shipping (International Oil Pollution Compensation Fund) Act 24 of 2013

11. The Act has come into operation on 30 May 2014. Published in GG 37696 Notice Number 35 dated 29 May 2014

Consumer Price Index

12. Consumer Price Index (CPI) for March 2014. Published in GG 37605 Notice Number 344 dated 9 May 2014.

13. Consumer Price Index (CPI) for April 2014. Published in GG 37682 Notice Number 383 dated 30 May 2014.

South African National Roads Agency Limited and National Roads Act 7 of 1998

14. National Routes 1 and 4: Platinum Toll Road: Publication of the amounts of toll for the different categories of motor vehicles and the date and time from which the toll tariffs shall become payable. Published in GG 37618 Notice Number 343 dated 9 May 2014.

15. National Route 3: Ceda to Heidelberg Gauteng Toll Road: Publication of the amounts of toll for the different categories of motor vehicles and the date and time from which the toll tariffs shall become payable. Published in GG 37618 Notice Number 344 dated 9 May 2014.

16. National Route 4: Hans Strydom Interchange (Pretoria) to the Gauteng/Mpumalanga Border and Maputo Development Corridor Toll Road: Publication of the amounts of toll for the different categories of motor vehicles and the date and time from which the toll tariffs shall become payable. Published in GG 37618 Notice Number 345 dated 9 May 2014.

17. Hugenot, Vaal River, Great North, Tsitsikamma, South Coast, North Coast, Mariannhill, Magalies, N17 and R30/R730/R34 Toll Roads: Publication of the amounts of toll for the different categories of motor vehicles and the date and time from which the toll tariffs shall become payable. Published in GG 37618 Notice Number 346 dated 9 May 2014.

Electricity Act 41 of 1987

18. Correction notice: fees payable by licensed generators of electricity. Published in GG 37630 Notice Number 364 dated 16 May 2014.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Medicines and Related Substances Act 101 of 1965

19. Amendment to the Schedules. Published in GG 37622 Notice Number 352 dated 8 May 2014.

20. Regulations relating to a transparent pricing system for medicines and scheduled substances. Published in GG 37625 Notice Number 354 dated 12 May 2014.

National Health Act 61 of 2003

21. National Health Normative Standards Framework for Interoperability in eHealth. Published in GG 37624 Notice Number 353 dated 9 May 2014.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

22. Amendment to section 80 (registration of employer). Published in GG 37629 Notice Number 358 dated 13 May 2014.

Mental Health Care Amendment Act 12 of 2014

23. The Amendment Act has been published for general information and takes effect on the date of publication in the gazette i.e. 19 May 2014. Published in GG 37696 Notice Number 427 dated 28 May 2014.

National Railway Safety Regulator Act 16 of 2002

24. Determination of safety permit fees. Published in GG 37691 Notice Number 388 dated 28 May 2014.

Agricultural Produce Agents Act 12 of 1992

25. Unclaimed monies payable to principals of fresh produce agents. Published in GG 37653 Notice Number 52 dated 23 May 2014.

Plant Breeders Rights Act 15 of 1976

26. Amendment to the regulations relating to Plant breeders Rights. Published in GG 37683 Notice Number 416 dated 30 May 2014.

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

Medicines and Related Substances Act 101 of 1965

27. Regulations relating to a transparent pricing system for medicines and scheduled substances: proposed methodology for medicines and scheduled substances prices to conform with international benchmarks. Interested parties are requested to submit written comments on the proposed methodology within 3 months from the date of publication of this notice.  Published in GG 37625 Notice Number 354 dated 12 May 2014.

National Health Act 61 of 2003

28. Draft regulations relating to health care waste management in health establishment. Interested persons are requested to submit written comments within a period of 3 months from the date of publication of this notice. Published in GG 37654 Notice Number 375 dated 23 May 2014.

National Water Act 36 of 1998

29. Proposed establishment of the Olifants Catchment Management Agency. Interested persons are invited to submit written comments on the business case, which is available for comment for a period of 60 days. Published in GG 37675 Notice Number 410 dated 23 May 2014.

Fire Brigade Services Act 99 of 1987

30. Draft regulations relating to the safe transportation of dangerous goods by roads. Interested persons must submit written comments before 31 July 2014. Published in GG 37671 Notice Number 379 dated 23 May 2014.

White Paper on National Management of the Oceans

31. The White Paper on National Management of the Oceans has been published for general information in GG 37692 Notice Number 426 dated 29 May 2014.

National Environmental Management: Integrated Coastal Management Act 24 of 2008

32. Draft National Coastal Management Programme. Members of the public are requested to submit written comments within 30 days of publication of this notice in the gazette. Published in GG 37682 Notice Number 383 dated 30 May 2014. 

National Environmental Management Act 107 of 1998

33. Draft Environmental Management Framework for the Vredefort Dome World Heritage Site. Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 37653 Notice Number 366 dated 23 May 2014.

Agricultural Product Standards Act 119 of 1990

34. Proposed amendments to the regulations regarding control of the export of fresh cut flowers and fresh ornamental foliage. Interested parties are requested to submit written comments within 30 days from the date of publication of this notice. Published in GG 37606 Notice Number 341 dated 9 May 2014.

35. Proposed amendments to the regulations regarding control of the export of fresh fruits. Interested parties are requested to submit written comments within 30 days from the date of publication of this notice. Published in GG 37606 Notice Number 340 dated 9 May 2014.

36. Proposed amendments to the regulations relating to the grading, packing and marking of onions and shallots intended for the sale in the Republic of South Africa. Interested parties are requested to submit written comments within 30 days from the date of publication of this notice. Published in GG 37630 Notice Number 344 dated 16 May 2014.

Marketing of Agricultural Products Act 47 of 1996

37. Proposed amendment to the statutory measure for the red meat industry. Directly affected groups are requested to submit written comments on or before 6 June 2014. Published in GG 37653 Notice Number 362 dated 23 May 2014.

38. Proposed introduction of statutory levies for the different winter cereal commodities. Directly affected groups are requested to submit written comments on or before 6 June 2014. Published in GG 37653 Notice Number 363 dated 23 May 2014.

39. Proposed introduction of the statutory measure for maize products, wheaten products and animal feeds. Directly affected groups are requested to submit written comments on or before 6 June 2014. Published in GG 37653 Notice Number 364 dated 23 May 2014.

Plant Breeders Rights Act 15 of 1976

40. Declaration of new kinds of plants – call for requests. All breeders of new plants and their agents are requested to submit their requests before 30 June 2014. Published in GG 37682 Notice Number 387 dated 30 May 2014.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1974

41. Draft amendment to the regulations relating to the labelling and advertising of foods. Interested persons are requested to submit written comments within 3 months from the date of publication of this notice. Published in GG 37695 Notice Number 429 dated 29 May 2014.

Manufacturing Development Act 187 of 1993

42. Issued for public comment: application for IDZ designation and operator permit for the Dube Trade Port Industrial Development Zone. Published in GG 37610 Notice Number 336 dated 5 May 2014.

Built Environment Policy (BEP)

43. The Draft Built Environment Policy 2014 has been published for public comment. Interested parties are requested to submit written comments on or before 27 June 2014. Published in GG 37653 Notice Number 370 dated 23 May 2014.

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

Northern Cape Province

44. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Melkrivier Nature Reserve. Published in PG 1804 Notice Number 4 dated 12 May 2014.

45. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Tswalu Kalahari Nature Reserve. Published in PG 1804 Notice Number 5 dated 12 May 2014.

46. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Wit Clay Gat Nature Reserve. Published in PG 1804 Notice Number 6 dated 12 May 2014.

47. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Bloemfontein Nature Reserve. Published in PG 1804 Notice Number 7 dated 12 May 2014.

Mpumalanga Province

48. Gert Sibande District Municipality: Noise Control By-law. Published in PG 2300 Notice Number 85 dated 21 May 2014.

49. Gert Sibande District Municipality: Municipal Health By-law. Published in PG 2300 Notice Number 86 dated 21 May 2014.

50. Gert Sibande District Municipality: Air Quality Management By-law. Published in PG 2300 Notice Number 87 dated 21 May 2014.

51. Mpumalanga Nature Conservation Act 10 of 1998: Amendment to the names of the provincial nature reserves. Published in PG 2302 Notice Number 185 dated 22 May 2014.

52. Disaster Management Act 57 of 2002: Directions issued regarding the declared provincial state of disaster. Published in PG 2304 Notice Number 187 dated 23 May 2014.

53. Local Government: Municipal Systems Act 32 of 200: Victor Khanye Local Municipality: Cemeteries and Crematoria By-law. Published in PG 2307 Notice Number 112 dated 29 May 2014.

54. Local Government: Municipal Systems Act 32 of 200: Victor Khanye Local Municipality: Public Health By-law. Published in PG 2307 Notice Number 114 dated 29 May 2014.

55. Bushbuckridge Local Municipality: Busbuckridge Land Use Management By-law. Published in PG 2310 Notice Number 116 dated 30 May 2014.

Limpopo Province

56. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of charges: Abattoir By-law. Published in PG 2366 Notice Number 51 dated 30 May 2014.

57. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of charges: Aerodrome By-law. Published in PG 2366 Notice Number 53 dated 30 May 2014.

58. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of charges: Building By-law. Published in PG 2366 Notice Number 56 dated 30 May 2014.

59. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of charges: Cemetery By-law. Published in PG 2366 Notice Number 58 dated 30 May 2014.

60. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Amendment to the determination of charges: Electricity By-law. Published in PG 2366 Notice Number 59 dated 30 May 2014.

61. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of charges: By-law relating to the control of inflammable liquids and substances. Published in PG 2366 Notice Number 61 dated 30 May 2014.

62. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of charges: By-law relating to the control of temporary advertisements and pamphlets. Published in PG 2366 Notice Number 67 dated 30 May 2014.

63. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of charges: Refuse Removal By-law. Published in PG 2366 Notice Number 70 dated 30 May 2014.

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

Mpumalanga Province

64. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare the Greater Lakenvlei Protected Environment. Member of the public are requested to submit written comments within 60 days of publication of this notice. Published in PG 2303 Notice Number 186 dated 22 May 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 2 June 2014)

• Before National Assembly Committees

➢ Medicines and Related Substances Amendment Bill (B6 of 2014)
➢ National Water Amendment Bill (B4 of 2014)
➢ Infrastructure Development Bill (B49 of 2013)
➢ National Environmental Management: Waste Amendment Bill (B32 of 2013)
➢ Water Research Amendment Bill (B29 of 2013)
➢ National Environmental Management: Protected Areas Amendment Bill (B28 of 2013)
➢ National Environmental Management Laws Third 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