SECTION A:  ENVIRONMENTAL (NATIONAL)

National Veld and Forest Fire Act 101 of 1998

1. Publication of the fire danger rating system published for general information. This notice replaces notice 1054 of 2005 (GG 27735). Published in GG 37014 Notice Number 1099 dated 15 November 2013.

National Forests Act 84 of 1998

2. Notice of the list of protected tree species under the Act. Published in GG 37037 Notice Number 877 dated 22 November 2013.

Marine Living Resources Act 18 of 1998

3. Regulations for a prohibition on fishing at night in the estuary of the Breede River. Published in GG 37047 Notice Number 886 dated 18 November 2013.

4. Amendment to the Regulations in terms of the Act (regulations published in GN R1111 of 2 September 1998, as amended). Published in GG 37036 Notice Number 873 dated 15 November 2013.

National Environmental Management: Air Quality Act 39 of 2004

5. 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 37054 Notice Number 893 dated 22 November 2013.

6. Amendment to the 2007 National Framework for Air Quality Management in the Republic of South Africa. Published in GG 37078 Notice Number 919 dated 29 November 2013.

National Environmental Management: Waste Act 59 of 2008

7. National Norms and Standards for the Storage of Waste. Published in GG 37088 Notice Number 926 dated 29 November 2013.

8. List of waste management activities that have, or are likely to have, a detrimental effect on the environment. Published in GG 37083 Notice Number 921 dated 29 November 2013.

National Environmental Management Act 107 of 1998

9. National standards for the scrapping or recovery of motor vehicles. Published in GG 37087 Notice Number 925 dated 29 November 2013.

10. National standards for the extraction, flaring and recovery of landfill gas. Published in GG 37086 Notice Number 924 dated 29 November 2013.

11. Amendment to the Environmental Impact Assessment Regulations – Listing Notice 1 of 2010. Published in GG 37084 Notice Number 922 dated 29 November 2013.

12. Amendment to the Environmental Impact Assessment Regulations – Listing Notice 2 of 2010. Published in GG 37085 Notice Number 923 dated 29 November 2013.

Promotion of Access to Information Act 2 of 2000

13. Description submitted in terms of section 15(1): Eskom. Published in GG 37014 Notice Number 867 dated 15 November 2013.

14. Description submitted in terms of section 15(1): Northern Cape Province: Department of Transport, Safety and Liaison. Published in GG 36996 Notice Number 841 dated 8 November 2013.

Income Tax Act 58 of 1962

15. In terms of section 12L of the Act, (deduction in respect of energy efficiency savings), as inserted by section 27 of the Taxation Laws Amendment Act, 2009 (Act No. 17 of 2009), amended by section 27 of the Taxation Laws Amendment Act, 2010 (Act No. 7 of 2010), and substituted by section 29 of the Taxation Laws Amendment Act, 2012 (Act No. 22 of 2012), comes into operation on 1 November 2013. Published in GG 37019 Notice Number 855 dated 8 November 2013.

Civil Aviation Act 13 of 2009

16. Amendment to the Civil Aviation Regulations, 2011. Published in GG 37059 Notice Number 1136 dated 22 November 2013.

Broad-Based Black Economic Empowerment Act 53 of 2003

17. Codes of Good Practice on Broad Based Black Economic Empowerment. Published in GG 37058 Notice Number 1135 dated 22 November 2013.

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

18. Gauteng Freeway Improvement Project: Toll Roads – publication of tolls. Published in GG 37038 Notice Number 887 dated 19 November 2013.

19. Gauteng Freeway Improvement Project: Toll Roads – conditions of payment for e-tolls. Published in GG 37038 Notice Number 888 dated 19 November 2013.

20. Gauteng Freeway Improvement Project: Toll Roads – exemption from the payment of toll fees. Published in GG 37038 Notice Number 889 dated 19 November 2013.

National Road Traffic Act 93 of 1996

21. Appointment of the National Regulator for Compulsory Specifications in terms of regulation 332 of the National Road Traffic Regulations, 2000. Published in GG 37049 Notice Number 891 dated 19 November 2013.

22. Amendment to the National Road Traffic Regulations. Published in GG 37048 Notice Number 890 dated 19 November 2013.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Medicines and Related Substances Act 101 of 1965

23. Amendment to the general regulations made in terms of the Act. Published in GG 37032 Notice Number 870 dated 15 November 2013.

24. List of medicines that have been declared undesirable. Published in GG 37075 Notice Number 916 dated 27 November 2013.

Agricultural Pests Act 36 of 1983

25. Control measures relating to honey-bees. Published in GG 37015 Notice Number 858 dated 15 November 2013.

Agricultural Product Standards Act 119 of 1990

26. Regulations relating to the grading, packing and marking of avocados intended for sale in the Republic of South Africa. Published in GG 37015 Notice Number 859 dated 15 November 2013.

Plant Breeders Rights Act 15 of 1976

27. Receipts of applications for plant breeders rights. Published in GG 37037 Notice Number 878 dated 22 November 2013.

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

National Environmental Management: Air Quality Act 39 of 2004

28. Proposed controlled emitters, which result in atmospheric emissions, which through ambient concentrations, bioaccumulation and deposition or in any other way present a threat to health or the environment. Members of the public are invited to submit written comments within 30 days of publication of the notice. Published in GG 37062 Notice Number 1138 dated 29 November 2013.

Mine Health and Safety Act 29 of 1996

29. The Department of Minerals gives notice that they will introduce the Draft Mine Health and Safety Bill, 2013 into Parliament. Interested and affected parties are invited to submit written comments on the Draft Bill within 60 working days of publication of this notice. Published in GG 37027 Notice Number 1103 dated 15 November 2013.

National Water Act 36 of 1992

30. Proposal for the establishment of the Limpopo Catchment Management Agency in terms of section 78(3) of the Act. Published in GG 36996 Notice Number 846 dated 8 November 2013.

31. Proposal for the establishment of the Pongola-Umzimkulu Catchment Management Agency in terms of section 78(3) of the Act. Published in GG 36996 Notice Number 847 dated 8 November 2013.

32. Proposed disestablishment of the Thukela and Mvoti to Mzimkulu Catchment Management Agencies in the KwaZulu-Natal Province. Published in GG 36996 Notice Number 845 dated 8 November 2013.

33. Proposed disestablishment of the Crocodile (West) and Marico Catchment Management Agencies in the North-West Province. Published in GG 36996 Notice Number 848 dated 8 November 2013.

National Energy Regulator of South Africa (NERSA)

34. Invitation for stakeholders to submit written comments on Eskom’s alternative tariff for municipalities. Closing date for written comments is 28 November 2013. Published in GG 37004 Notice Number 1091 dated 8 November 2013.

35. Notice of the energy regulator public hearings on Eskom’s alternative municipal tariff application. Published in GG 37037 Notice Number 1117 dated 22 November 2013.

Astronomy Geographic Advantage Act 21 of 2007

36. Notice of public hearings on the proposed declaration of the Karoo Astronomy Advantage Area and Sutherland Central Astronomy Advantage Area. Published in GG 37035 Notice Number 872 dated 15 November 2013.

Medicines and Related Substances Act 101 of 1965

37. Proposed amendment to the regulations relating to a transparent pricing system for medicines and schedules substances. Interested parties are requested to submit written comments on the proposed regulations within 3 months of publication of this notice. Published in GG 37011 Notice Number 1096 dated 8 November 2013.

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947

38. Proposed repeal of regulation R2054 relating to the exclusion of all unmixed farm feed originating from maize products. Comments must be submitted within 30 days of publication of this notice. Published in GG 37037 Notice Number 1113 dated 22 November 2013.

39. Notice of prohibition of import, export, possession, acquisition, sale, use and disposal of agricultural remedies. Comments must be submitted within 30 days of publication of this notice. Published in GG 37037 Notice Number 1116 dated 22 November 2013.

Agricultural Product Standards Act 119 of 1990

40. Proposed development of the regulations relating to the grading, packing and marking of rice intended for sale in South Africa. Comments must be submitted within 30 days of publication of this notice. Published in GG 37037 Notice Number 1114 dated 22 November 2013.

Marketing of Agricultural Products Act 47 of 1996

41. Request for continuation of the statutory levy on Lucerne seed and Lucerne hay. Published in GG 37062 Notice Number 1147 dated 29 November 2013.

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

Eastern Cape Province

42. Local Government: Municipal Systems Act 32 of 2000: Koega Local Municipality: Approval of the Environmental Health By-Law. Published in PG 3070 Notice Number 253 dated 11 November 2013.

KwaZulu-Natal Province

43. National Environmental Management: Air Quality Act 39 of 2004: Ugu District Municipality: Council’s tariff of charges for atmospheric emission licence processing and Air Quality Management By-law. Published in PG 1050 Notice Number 60 dated 14 November 2013.

44. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Blue Crane Nature Reserve. Published in PG 1054 Notice Number 180 dated 19 November 2013.

45. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Michaelhouse Nature Reserve. Published in PG 1054 Notice Number 181 dated 19 November 2013.

46. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Ncandu Private Forest and Grassland Reserve. Published in PG 1054 Notice Number 182 dated 19 November 2013.

47. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Pongola Bush Protected Environment. Published in PG 1054 Notice Number 183 dated 19 November 2013.

48. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Clairmont Nature Reserve. Published in PG 1054 Notice Number 184 dated 19 November 2013.

49. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Forest Side Nature Reserve. Published in PG 1054 Notice Number 185 dated 19 November 2013.

50. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Weza Protected Environment. Published in PG 1054 Notice Number 186 dated 19 November 2013.

51. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Excelsior Nature Reserve. Published in PG 1054 Notice Number 187 dated 19 November 2013.

52. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Mount Shannon Protected Environment. Published in PG 1054 Notice Number 188 dated 19 November 2013.

53. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Empenbeni Community Nature Reserve and assign the Ezemvelo KZN Wildlife as the Management Authority. Published in PG 1058 Notice Number 191 dated 28 November 2013.

Western Cape Province

54. Mossel Bay Municipality: By-law relating to outdoor advertising and signage. Published in PG 7195 dated 8 November 2013.

55. Western Cape Nature Conservation Board: Western Cape Province: Hunting seasons, daily bag limits and hunting by the use of prohibited hunting methods. Published in PG 7196 Notice Number 377 dated 15 November 2013.

56. Western Cape Nature Conservation Board: Province of the Western Cape: Declaration of the Towerland Trust Nature Reserve. Published in PG 7196 Notice Number 378 dated 15 November 2013.

57. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Simson-Simons Nature Reserve. Published in PG 7202 Notice Number 393 dated 29 November 2013.

58. National Environmental Management: Waste Act 59 of 2008: Industry Waste Management Plans. Published in PG 7192 Notice Number 365 dated 22 November 2013.

59. George Municipality: Amendments to the following by-laws (published in PG 7200 dated 22 November 2013):
a. Public Amenities
b. Prevention of Public Nuisances and Public Nuisances arising from the Keeping of Animals
c. Solid waste disposal
d. Water and sanitation services

Mpumalanga Province

60. Local Government: Municipal Property Rates Act 6 of 2004: Emalahleni Local Municipality: Electricity By-law. Published in PG 2229 Notice Number 173 dated 14 November 2013.

Northern Cape Province

61. Northern Cape Consumer Protection Act, 2012: Promulgation of the Northern Cape Consumer Protection Regulations. Published in PG 1750 Notice Number 121 dated 8 November 2013.

North-West Province

62. Local Government: Municipal Systems Act 32 of 2000: Bojanala Platinum Municipality: Air Quality Management By-law. Published in PG 7191 Notice Number 230 dated 15 November 2013.

63. Local Government: Municipal Systems Act 32 of 2000: Ratlou Local Municipality: Building Regulation By-law, 2013. Published in PG 7193 Notice Number 236 dated 19 November 2013.

64. Local Government: Municipal Systems Act 32 of 2000: Ratlou Local Municipality: Waste and Refuse Removal By-law, 2013. Published in PG 7193 Notice Number 237 dated 19 November 2013.

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

Western Cape Province

65. Western Cape Nature Conservation Board: Province of the Western Cape: Notice of intent to declare the Spitzkop a protected environment. Published in PG 7196 Notice Number 379 dated 15 November 2013.

66. Drakenstein Municipality: Proposed amendment of the Drakenstein Spatial Development Framework and Urban Edge. Published in PG 7196 dated 15 November 2013.

67. Overstrand Municipality: Proposed amendment of the Municipal Wide Spatial Development Framework. Published in PG 7196 dated 15 November 2013.

KwaZulu-Natal Province

68. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare of the Nomalanga Nature Reserve, the Dargle Nature Reserve, the Red Desert Nature Reserve, the James Waklin Nature Reserve and Nambiti Private Nature Reserve. Published in PG 1054 Notice Number 189 dated 19 November 2013.

69. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare of Nature Reserves. Published in PG 1060 Notice Number 194 dated 28 November 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 December 2013)

• Before National Assembly Committees

➢ Infrastructure Development Bill (B49 of 2013)
➢ National Environmental Management: Waste Amendment Bill (B32 of 2013)
➢ Marine Living Resources Amendment Bill (B30 of 2013)
➢ Water Research Amendment Bill (B29 of 2013)
➢ National Environmental Management: Protected Areas Amendment Bill (B28 of 2013)
➢ National Environmental Management: Air Quality Amendment Bill (B27 of 2013)
➢ National Environmental Management Laws Amendment Bill (B26 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)

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