SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act (107/1986)

1. Environmental Impact Assessment Process. Published in GG 348 Notice Number 1475 on 21/11/2012.

2. Environmental Impact Assessment Process. Published in GG 348 Notice Number 1476 on 21/11/2012

Petroleum Products Act (120/1977)

3. Regulations in respect of the single maximum national retail price for illuminating paraffin. Published in GG 35861  Notice Number 926  on 06/11/2012.

4. Amendment of the regulations in respect of petroleum products. Published in GG 35861 Notice Number 927 on 06/11/2012.

5. Maximum retail price for liquefied petroleum gas. Published in GG 35861  Notice Number 928  on 06/11/2012.

National Heritage Resources Act (25/1999

6. Declaration of the grave of Mr Oliver Reginald Tambo and Mrs Adelaide Frances Tambo as a National Heritage Site. Published in GG 35855 Notice Number 918 on 05/11/2012.

7. National Heritage Resources Act (25/1999): Declaration of “The grave of Rahima Moosa”, situated in Newclare Cemetery, Johannesburg, as a National Heritage Site. Published in GG 35855 Notice Number 919 on 05/11/2012.

Marine Living Resources Act (18/1998)

8. Amendment of regulations published in Government Notice No. R. 1111 of 2 September 1998, as amended. Published in GG 35872 Notice Number 939 on 12/11/2012.

9. Amendment of regulations published in Government Notice R. 1111 of 2 September 1998. Published in GG 35881 Notice Number 945 on 15/15/2012.

10. Amendment of regulations published in Government Notice No. R. 1111 of 2 September 1998, as amended. Published in GG 35903 Notice Number 961 on 23/11/2012.

National Environmental Management: Air Quality (39/2004)

11. List of activities which result in atmospheric emissions which have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage. Published in GG 35894 Notice Number 964 on 23/11/2012.

National Water Act (36/1998)

12. Extension of time period for a general authorisation published in terms of section 39 of the Act.  Published in GG 35894 Notice Number 964 on 30/11/2012.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Foodstuffs, Cosmetics and Disinfectants Act (54/1972)

13. Enforcement by Local Authority. Published in GG 35849  Notice Number 915 on 02/11/2012.

14. Regulations governing general hygiene requirements for food premises and the transport of food. Published in GG 35906 Notice Number 959 on 23/11/2012.

15. Regulations relating to hygiene requirements for milking sheds, the transport of milk and related matters. Published in GG 35905 Notice Number 961 on 23/11/2012.

National Regulator for Compulsory Specifications Act (5/2008)

16. The Introduction of the Compulsory Specification for Pressurised Paraffin Appliances — VC 9093Published in GG 35867  Notice Number 929 on 16/11/2012.

National Nuclear Regulator Act (47/1999)

17. Notice of application for nuclear vessel licence in terms of section 21(3) of the Act. Published in GG 35866 Notice Number 928 on 16/11/2012.

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act (36/1947)

18. Repeal: Prohibition on retail of products containing hyaluronic acid and its salts as farm feed. Published in GG 35866 Notice Number 926 on 16/11/2012.

19. Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies Act (36/1947): Publication of explanatory summary of the Bill. Published in GG 35902 Notice Number 971 on 23/11/2012.

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

Mineral and Petroleum Resources Development Act (28/2002):

20. Invitation for representations from relevant stakeholders on a proposed restriction under section 49(1) of the Act on the granting of any new application for a reconnaissance permit, technical co-operation permit, exploration right and production right. Published in GG 35866 Notice Number 932 on 19/11/2012.

National Heritage Resources Act (25/1999)

21. Provincial Heritage Resources Authority: Gauteng Council. Published in GG 350 Notice Number 3215 on 19/11/2012.

National Environmental Management Waste Act (59/2008)

22. Extension of closing date for the submission of written representations or objections. Published in GG 35908 Notice Number 974 on 23/11/2012.

Marketing of Agricultural Products Act

23. Request for the continuation of statutory measures in the lucerne industry. Published in GG 35866 Notice Number 927 on 16/11/2012.

24. Establishment of statutory measure and determination of levies on table grapes. Published in GG 35866 Notice Number 931 on 16/11/2012.

25. Request to amend the statutory measure regarding records and returns by milk producers. Published in GG 35883 Notice Number 944 on 23/11/2012.

National Environmental Management Air Quality Act (39/2004)

26. Draft regulations prescribing the format of the Atmospheric Impact Report. Published in GG 35883 Notice Number 945 on 23/11/2012.

National Environmental Management

27. Draft declaration of small boilers as controlled emitters. Published in GG 35883 Notice Number 955 on 23/11/2012.

National Environmental Management: Protected Areas Act (57/2003)

28. Intention to declare various areas as nature reserves. Published in GG 2144 Notice Number 429 on 23/11/2012.

Department of Energy

29. Draft Second National Energy Efficiency Strategy Review: For Public Comments. Published in GG 35920 Notice Number 1000 on 29/11/2012.

National Energy Regulator Act (40/2008)

30. Invitation for stakeholders to submit written comments on the municipal tariff guideline, benchmarks and proposed timelines for municipal tariff approval process for the 2012/2013 financial year. Published in GG 35909 Notice Number 995 on 30/11/2012.

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

Free State

31. The Mohokare Local Municipality Standard Water Services By-law as published in PN No. 212 of 2011. The by-law is hereby amended by replacing the expression “engineer” with “municipal manager”.

32. The Mohokare Local Municipality Standard Tariff Policy By-law as published in PN No. 206 of 2011.

33. The Mohokare Local Municipality Standard Advertising By-law as published in PN No.170 of 2011

34. The Mohokare Local Municipality Standard Refuse Removal By-law as published in PN No. 202 of 2011

35. The Mohokare Local Municipality Standard Informal Settlements By-law as published in PN No. 194 of 2011

SECTION E: SAFETY, HEALTH & ENVIRONMENTAL
(Draft Provincial Legislation & By-laws)

KZN Heritage Act (4/2008)

36. Notice is given of the intention of Amafa/Heritage KZN to consider the issuing of permits for which applications have been received in respect of the following properties. Published in GG 840 Notice Number 119 on 01/11/2012.

37. Intention ofAMAFA/Heritage KZN to issue permits for whichapplications have been received for alterationsand additions to or demolition of buildings pro-tected in terms of sections 33, 38, 39 and 42 of the Act. Published in GG 861 Notice Number 140 on 22/11/2012.

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 December 2012)

• Before National Assembly Committees

➢ Before National Assembly Committees
➢ Banks Amendment Bill (B 43 -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
➢ Employment Services Bill   
➢ Dangerous Weapons Bill  
➢ Commission on Gender Equality Amendment Bill   
➢ Adjustments Appropriation Bill   The Minister of Finance  

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