SECTION A:  ENVIRONMENTAL (NATIONAL)

Marine Living Resources Act 18 of 1998

1. Amendment to the regulations. Published in GG 38200 Notice Number 900 dated 11 November 2014.

National Forests Act 84 of 1998

2. List of protected tree species. Published in GG 38215 Notice Number 908 dated 21 November 2014.

National Heritage Resources Act 25 of 1999

3. South African Heritage Resources Agency: Declaration of heritage resources as national heritage sites: West Coast Fossil park. Published in GG 38323 Notice Number 943 dated 28 November 2014.

National Regulator for Compulsory Specifications Act 5 of 2008

4. Compulsory specification for energy efficiency and labelling of electrical and electronic apparatus. Published in GG 38232 Notice Number 944 dated 28 November 2014.

National Land Transport Act 5 of 2009

5. Minimum requirements for the preparation of integrated transport plans. Published in GG 38256 Notice Number 954 dated 28 November 2014.

Promotion of Access to Information Act 2 of 2000

6. Description submitted in terms of section 15(1): Department of Higher Education and Training. Published in GG 38188 Notice Number 895 dated 14 November 2014.

7. Description submitted in terms of section 15(1): Department of Sport and Recreation. Published in GG 38188 Notice Number 896 dated 14 November 2014.

8. Description submitted in terms of section 15(1): Limpopo Provincial Government: Department of Roads and Transport. Published in GG 38232 Notice Number 942 dated 28 November 2014.

Consumer Price Index

9. Consumer Price Index (CPI) for September 2014. Published in GG 38158 dated 7 November 2014.

Broad Based Black Economic Empowerment Act 53 of 2003

10. Application for market access permits for agricultural products in terms of the World Trade Organisation Agreement for 2015. Published in GG 38261 Notice Number 1085 dated 28 November 2014.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Mine Health & Safety Act 29 of 1996

11. Amendment to Chapter 16 (Rescue, First Aid, Emergency Preparedness and Response) of the Regulations. Published in GG 38216 Notice Number 906 dated 21 November 2014

National Road Traffic Act 93 of 1996

12. Correction notice regarding GN R846 published on 31 October 2014. Published in GG 38185 Notice Number 975 dated 6 November 2014.

Basic Conditions of Employment Act 75 of 1997

13. Amendment to the regulations.  Published in GG 38250 Notice Number 949 dated 26 November 2014.

Animal Diseases Act 35 of 1984

14. Amendment to the Animal Diseases Regulations. Published in GG 38159 Notice Number 865 dated 7 November 2014.

Animal Improvement Act 62 of 1998

15. Registration of animal breeder’s society. Published in GG 38188 Notice Number 980 dated 14 November 2014.

Agricultural Product Standards Act 119 of 1990

16. Correction notice: regulations regarding control of the export of fresh fruit. Published in GG 38159 Notice Number 864 dated 7 November 2014.

17. Regulations relating to the grading, packing and marking of rice intended for sale in the Republic of South Africa. Published in GG 38159 Notice Number 866 dated 7 November 2014.

18. Regulations regarding control of the export of fresh cut flowers and fresh ornamental foliage. Published in GG 38189 Notice Number 886 dated 14 November 2014.

Department of Agriculture, Forestry and Fisheries

19. Procedures for the application, administration, allocation of export permits under the Trade, Development and Cooperation Agreement between the European Union and the Republic of South Africa for 2015. Published in GG 38260 Notice Number 1084 dated 28 November 2014.

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

National Environmental Management: Protected Areas Act 57 of 2003

20. Draft notice declaring the Dwesa-Cwebe Marine Protected Area. Interested persons must submit written comments within 30 days from the date of publication in the government gazette. Published in GG 38172 Notice Number 948 dated 4 November 2014.

21. Draft regulations for the proposed Dwesa-Cwebe Marine Protected Area. Interested persons must submit written comments within 30 days from the date of publication in the government gazette. Published in GG 38172 Notice Number 949 dated 4 November 2014.

National Environmental Management: Biodiversity Act 10 of 2004

22. Draft Biodiversity Management Plan for the Clanwilliam Sandfish (Labeo Seeberi). 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 38178 Notice Number 978 dated 7 November 2014.

National Environmental Management Act 107 of 1998

23. Proposed amendments to the fees for the consideration and processing of environmental authorisations and amendments thereto. 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 38196 Notice Number 976 dated 10 November 2014.

24. Proposed regulations relating to the procedure to be followed when oral requests are made in terms of section 30A. Members of the public are requested to submit written comments within 30 days of publication of the notice in the gazette. Published in GG 38253 Notice Number 1081 dated 26 November 2014.

National Environmental Management: Waste Act 59 of 2008

25. Proposed amendments to the fees structure for consideration and processing of applications for waste management licences, transfers and renewal thereof. 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 38196 Notice Number 977 dated 10 November 2014.

26. Proposed regulations to exclude a waste stream of a portion of a waste stream from the definition of waste. Members of the public are invited to submit written comments within 30 days of publication of this notice in the gazette. Published in GG 38210 Notice Number 1006 dated 14 November 2014.

27. Proposed regulations regarding the planning and management of residue stockpiles and residue deposits from a prospecting, mining, exploration or production operation. Members of the public are invited to submit written comments within 30 days of publication of this notice in the gazette. Published in GG 38210 Notice Number 1007 dated 14 November 2014.

World Heritage Convention Act 49 of 1999

28. Notice of intention to change the name of the uKahlamba Drakensberg World Heritage Site. Members of the public are invited to submit written comments within 30 days of publication of this notice in the gazette. Published in GG 38232 Notice Number 1063 dated 28 November 2014.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

29. Proposed increase of maximum amount of earnings on which the assessment of an employer shall be calculated. Interested persons are requested to submit written comments no later than 31 December 2014. Published in GG 38251 Notice Number 950 dated 25 November 2014.

30. Proposed increase in monthly pensions. Interested persons are requested to submit written comments no later than 31 December 2014. Published in GG 38251 Notice Number 951 dated 25 November 2014.

31. Proposed amendment of Schedule 4 of the Act. Interested persons are requested to submit written comments no later than 31 December 2014. Published in GG 38251 Notice Number 952 dated 25 November 2014.

Health Professions Act 56 of 1974

32. Draft regulations relating to the qualifications for registration of basic ambulance assistants, ambulance emergency assistants, operational emergency care orderly and paramedics. Interested persons are invited to submit written comments within three months from the date of publication of this notice. Published in GG 38176 Notice Number 870 dated 4 November 2014.

Labour Relations Amendment Bill 2014

33. Notice of intent to introduce the Bill and invitation for public comment. Interested parties are requested to submit written comments within 30 days of the publication of this notice. Published in GG 38180 Notice Number 973 dated 5 November 2014.

Financial Markets Act 19 of 2012

34. Proposed amendments to the JSE Listing Requirements (proposed criteria for reporting on companies in the oil and gas sectors). Interested persons are requested to submit their objections within 14 days from the date of publication of this notice. Published in GG 38175 Notice Number 134 dated 4 November 2014.

Department of Trade and Industry

35. Extension of the public commentary period on the Amended Broad-Based Black Economic Empowerment Phase II Codes of Good Practice until 9 December 2014. Published in GG 38202 Notice Number 1001 dated 12 November 2014.

Judicial Matters Amendment Bill 2014

36. Publication of the explanatory summary of the Bill. Published in GG 38248 Notice Number 1078 dated 25 November 2014.

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

37. Draft amendment to the e-Road Regulations. Interested persons are requested to submit written comments within 30 days from the date of publication. Published in GG 38257 Notice Number 955 dated 28 November 2014. 

Marketing of Agricultural Products Act 47 of 1996

38. Proposed statutory measure on fresh mangoes intended for processing. Directly affected groups are requested to submit written comments on or before 17 January 2015. Published in GG 38232 Notice Number 1061 dated 28 November 2014. 

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

 

Northern Cape Province

39. Local Government: Municipal Systems Act 32 of 2000: Phokwane Local Municipality: Promulgation of health by-laws for the operation and management of initiation schools. Published in PG 1850 Notice Number 135 dated 3 November 2014.

Western Cape Province

40. Drakenstein Municipality: Electricity Supply By-law. Published in PG 7326 dated 7 November 2014.

41. Western Cape Nature Conservation Board: declaration of the Welbedacht Nature Reserve. Published in PG 7326 Notice Number 302 dated 7 November 2014.

42. Bergrivier Municipality: By-law relating to House Shops. Published in PG 7329 dated 14 November 2014.

KwaZulu-Natal Province

43. Local Government: Municipal Systems Act 32 of 2000: City of uMhlathuze: Amendment to the Swimming Pool By-law. Published in PG 1265 Notice Number 148 dated 6 November 2014.

44. Local Government: Municipal Systems Act 32 of 2000: City of uMhlathuze: Amendment to the Public Library By-law. Published in PG 1265 Notice Number 149 dated 6 November 2014.

45. Local Government: Municipal Systems Act 32 of 2000: City of uMhlathuze: Amendment to the Water Services By-law. Published in PG 1265 Notice Number 150 dated 6 November 2014.

Free-State Province

46. Masilonyana Municipality: Notice of promulgation of by-laws (published in PG 71 dated 31 October 2014):
a. Standard Advertising By-law as published in Provincial Notice No. 170 of 9 December 2011.
b. Standard Building Regulation By-law as published in Provincial Notice No. 173 of 9 December 2011.
c. Standard Commonage By-law as published in Provincial Notice No. 176 of 9 December 2011.
d. Standard Impoundment of Animals By-law as published in Provincial Notice No. 192 of 9 December 2011.
e. Standard Littering and Dumping By-law as published in Provincial Notice No. 184 of 9 December 2011.
f. Standard Pauper Burial By-law as published in Provincial Notice No. 174 of 9 December 2011.
g. Standard Property Rates By-law as published in Provincial Notice No. 199 of 9 December 2011.
h. Standard Waste Management By-law as published in Provincial Notice No. 211 of 9 December 2011.
i. Standard Tariff Policy By-law as published in Provincial Notice No. 206 of 9 December 2011.
j. Standard Delegation of Power By-law as published in Provincial Notice No. 181 of 9 December 2011.
k. Standard Fencing By-law as published in Provincial Notice No. 188 of 9 December 2011.
l. Standard Control Of street Vendors By-law as published in Provincial Notice No. 179 of 9 December 2011
m. Standard Child Care By-law as published in Provincial Notice No. 175 of 9 December 2011.
n. Standard Public Nuisance By-law as published in Provincial Notice No.178 of 9 December 2011.

Mpumalanga Province

47. Local Government: Municipal Systems Act 32 of 2000: Goven Mbeki Municipality: Disposal of Contaminated and Infectious Waste By-law. Published in PG 2385 Notice Number 221 dated 11 November 2014.

48. Local Government: Municipal Systems Act 32 of 2000: Goven Mbeki Municipality: Electricity By-law. Published in PG 2385 Notice Number 222 dated 11 November 2014.

49. Local Government: Municipal Systems Act 32 of 2000: Goven Mbeki Municipality: Fire Brigade By-law. Published in PG 2385 Notice Number 223 dated 11 November 2014.

50. Local Government: Municipal Systems Act 32 of 2000: Goven Mbeki Municipality: Public Participation By-law. Published in PG 2385 Notice Number 224 dated 11 November 2014.

51. Local Government: Municipal Systems Act 32 of 2000: Goven Mbeki Municipality: Regulation of Storm Water By-law. Published in PG 2385 Notice Number 225 dated 11 November 2014.

52. Local Government: Municipal Systems Act 32 of 2000: Goven Mbeki Municipality: Informal Trading By-law. Published in PG 2385 Notice Number 226 dated 11 November 2014.

53. Local Government: Municipal Systems Act 32 of 2000: Goven Mbeki Municipality: Liquified Petroleum By-law. Published in PG 2385 Notice Number 227 dated 11 November 2014.

54. Local Government: Municipal Systems Act 32 of 2000: Goven Mbeki Municipality: Nuisance By-law. Published in PG 2385 Notice Number 228 dated 11 November 2014.

55. Local Government: Municipal Systems Act 32 of 2000: Goven Mbeki Municipality: Parks and Open Spaces By-law. Published in PG 2385 Notice Number 229 dated 11 November 2014.

56. Local Government: Municipal Systems Act 32 of 2000: Goven Mbeki Municipality: Privately Owned Swimming Pools By-law. Published in PG 2385 Notice Number 230 dated 11 November 2014.

57. Local Government: Municipal Systems Act 32 of 2000: Goven Mbeki Municipality: Public Amenities By-law. Published in PG 2385 Notice Number 231 dated 11 November 2014.

58. Local Government: Municipal Systems Act 32 of 2000: Goven Mbeki Municipality: Public Swimming Pools By-law. Published in PG 2385 Notice Number 232 dated 11 November 2014.

59. Local Government: Municipal Systems Act 32 of 2000: Goven Mbeki Municipality: Municipal Taxi Ranks By-law. Published in PG 2385 Notice Number 233 dated 11 November 2014.

60. Local Government: Municipal Systems Act 32 of 2000: Goven Mbeki Municipality: Water Supply By-law. Published in PG 2385 Notice Number 234 dated 11 November 2014.

61. Local Government: Municipal Systems Act 32 of 2000: Goven Mbeki Municipality: Advertising By-law. Published in PG 2385 Notice Number 235 dated 11 November 2014.

62. Local Government: Municipal Systems Act 32 of 2000: Goven Mbeki Municipality: Keeping of Animals, Birds and Poultry By-law. Published in PG 2385 Notice Number 236 dated 11 November 2014.

63. Local Government: Municipal Systems Act 32 of 2000: Goven Mbeki Municipality: Cemetery By-law. Published in PG 2385 Notice Number 237 dated 11 November 2014.

Gauteng Province

64. National Heritage Resources Act 25 of 1999: Formal declaration of the “Grave of Nonkumbi Bertha Gzowa” as a provincial heritage site. Published in PG 342 Notice Number 3998 dated 21 November 2014.

65. Sedibeng District Municipality: Health By-laws for the Operation and Management of Initiation Schools. Published in PG 317 Notice Number 1668 dated 12 November 2014.

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

Western Cape Province

66. City of Cape Town: Draft Coastal Management Programme. Members of the public are requested to submit comments from 3 November 2014 – 3 December 2014. Published in PG 7324 dated 31 October 2014.

67. Cape Agulhas Municipality: Proposed New Integrated Zoning Map. Interested persons are requested to submit written comments by no later than 21 January 2015. Published in PG 7334 dated 21 November 2014.

Free State Province

68. Setsoto Local Municipality: Draft Municipal Planning and Land Use By-law, Draft Standard Impoundment of Animals By-law, Draft Parking of Vehicles on Public Roads By-law, Draft Water Services By-law. Written comments must be received by no later than 5 December 2014. Published in PG 73 Notice Number 2 dated 7 November 2014.

Gauteng Province

69. City of Ekurhuleni: in mid-2016 the City plans to implement the Integrated Public Transport Network. Members of the public are invited to submit written comments on the proposed transport system between 6 November 2014 and 6 December 2014. Published in PG 324 Notice Number 3947 dated 19 November 2014.

SECTION F: CASE LAW

WATERSHED ENVIRONMENTAL JUDGMENT: On the 26th November 2014, Navsa ADP of the Supreme Court of Appeal (SCA) delivered a hard-hitting judgment against ArcelorMittal, dismissing their appeal from the High Court with costs and ordering them to release various key environmental records to the Vaal Environmental Justice Alliance (VEJA).

The SCA unanimously upheld the High Court Judgment and emphasised the importance of corporate transparency in regard to environmental issues, stating  that “Corporations operating within our borders… must be left in no doubt that, in relation to the environment in circumstances such as those under discussion, there is no room for secrecy and that constitutional values will be enforced”.

The judgement highlights AMSA’s history of environmental impacts, indicating that such impacts are of public interest and importance, and do not only affect persons and communities within the immediate vicinity of its facilities. Navsa ADP pointed out that AMSA’s actions contradict its publicly-stated commitment to engage with environmental activists, calling “into question [AMSA’s] stated commitment to collaborative corporate governance in relation to the environment, as well as its bona fides in resisting the request for information”. The SCA emphasised the “dangers of a culture of secrecy and unresponsiveness” and berated AMSA’s “obstructive and contrived”, “disingenuous” approach in which it had “feigned ignorance” of the existence of the Master Plan.

This case primarily concerns the accountability of AMSA and similar large entities, which regularly refuse to release their documents to non-government entities while simultaneously publicising their commitment to transparency and their constructive engagement with stakeholders. The SCA judgment has finally confirmed that this approach is no longer acceptable

A full copy of the judgment, Company Secretary of ArcelorMittal South Africa v Vaal Environmental Justice Alliance (69/2014) [2014] ZASCA 184, can be sourced on the Centre for Environmental Rights (CERS) website here.

SECTION G: 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 December 2014)

• Before National Assembly Committees

− Medicines and Related Substances Amendment Bill (B6 of 2014)

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