SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

1. Environmental Impact Assessment Guideline for Renewable Energy Projects. Published in GG 39297 Notice Number 989 dated 16 October 2015.

National Water Act 36 of 1998

2. Declaration of the exploration and or production of onshore naturally occurring hydrocarbons that requires stimulation, including but not limited to hydraulic fracturing and or underground gasification, to extract, and any activity incidental thereto that may impact detrimentally on the water resource as a controlled activity. Published in GG 39299 Notice Number 999 dated 16 October 2015.

World Heritage Convention Act 49 of 1999

3. Format and procedure for the nomination of world heritage sites in South Africa. Published in GG 39347 Notice Number 1033 dated 30 October 2015.

Merchant Shipping Amendment Act 12 of 2015

4. The President has assented to the Act and it has been published for general information. Published in GG 39303 Notice Number 604 dated 20 October 2015.

Broad-Based Black Economic Empowerment Act 53 of 2003

5. Exemption notice in terms of the petroleum, mining and minerals industry. Published in GG 39350 Notice Number 1047 dated 30 October 2015.

Promotion of Access to Information Act 2 of 2000

6. Description submitted in terms of section 15(1): Gauteng Provincial Government: Department of Community Safety. Published in GG 39275 Notice Number 930 dated 9 October 2015.

7. Manual for the Department of Water and Sanitation. Published in GG 39300 dated 27 October 2015.

Consumer Price Index

8. Consumer Price Index for September 2015. Published in GG 39347 Notice Number 1040 dated 30 October 2015.

SECTION B: SAFETY AND HEALTH (NATIONAL)

National Regulator for Compulsory Specifications Act 5 of 2008

9. Amendment to the Compulsory Specification for Replacement Brake Lining Assemblies for Road Vehicles. Published in GG 39324 Notice Number 1018 dated 23 October 2015.

10. Amendment to the Compulsory Specification for Personal Protective Equipment: Safety Footwear.  Published in GG 39324 Notice Number 1019 dated 23 October 2015.

11. Amendment to the Compulsory Specification for Circuit Breakers. Published in GG 39324 Notice Number 1023 dated 23 October 2015.

Civil Aviation Act 13 of 2009

12. Eleventh amendment of the Civil Aviation Regulations. Published in GG 39339 Notice Number 1025 dated 30 October 2015.

13. Tenth amendment of the Civil Aviation Regulations. Published in GG 39339 Notice Number 1026 dated 30 October 2015.

Standards Act

14. Issue of new SANS Standards. Published in GG 39347 Notice Number 1041 dated 30 October 2015.

15. Issue of new SANS Standards. Published in GG 39347 Notice Number 1042 dated 30 October 2015.

Agricultural Product Standards Act 119 of 1990

16. Product Control Africa has been has been designated as an assignee under section 2(3)(a) of the Act. Published in GG 39275 Notice Number 968 dated 9 October 2015.

17. Amendment to the standards and requirements regarding the control of the export of litchis. Published in GG 39324 Notice Number 1006 dated 23 October 2015.

Marketing of Agricultural Products Act 47 of 1996

18. Statutory measure: registration of producers, exporters and processors of pomegranates. Published in GG 39325 Notice Number 1020 dated 23 October 2015.

19. Statutory measure: records and returns relating to trees as well as production and marketing information of pomegranates. Published in GG 39325 Notice Number 1021 dated 23 October 2015.

20. Statutory measure and determination of levies on pomegranate and pomegranate products. Published in GG 39325 Notice Number 1022 dated 23 October 2015.

Department of Agriculture, Forestry and Fisheries

21. Application for market access permits in terms of the Word Trade Agreement for 2016. Published in GG 39275 Notice Number 930 dated 9 October 2015.

Plant Breeders Rights Act 15 of 1976

22. Amendment to the regulations relating to plant breeders rights. Published in GG 39347 Notice Number 1032 dated 30 October 2015.

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

National Environmental Management Laws Amendment Bill 2015

23. The Bill has been published for public comment. Members of the public are invited to submit written comments within 30 days of publication of this notice in the gazette. Published in GG 39287 Notice Number 986 dated 13 October 2015.

National Environmental Management: Biodiversity Act 10 of 2004

24. Notice of intention to publish the Biodiversity Economy Strategy. Members of the public are invited to submit written comments within 30 days after the publication of this notice in the gazette. Published in GG 39268 Notice Number 965 dated 9 October 2015. 

National Environmental Management Act 107 of 1998

25. Draft National Social Infrastructure Guideline. 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 39324 Notice Number 1008 dated 23 October 2015.

26. Proposed amendments to the 2014 Environmental Impact Assessment (EIA) Regulations and Listing Notices. 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 39343 Notice Number 1030 dated 30 October 2015.

National Water Act 36 of 1998

27. Draft regulations on afforestation genus exchanges. Interested persons are invited to submit written comments within 60 calendar days of the date of publication of this notice. Published in GG 39324 Notice Number 1027 dated 23 October 2015.

28. Draft regulations relating to access and use of government waterworks and surrounding state-owned land for recreational purposes. Interested persons are invited to submit written comments within 2 months of the date of publication of the notice. Published in GG 39348 Notice Number 1046 dated 30 October 2015.

National Environmental Management: Integrated Coastal Management Act 24 of 2008

29. Draft Durban Bay and Orange River Mouth Estuarine Management Plans. Members of the public are invited to submit written comments within 30 days after the publication of this notice in the gazette. Published in GG 39347 Notice Number 1034 dated 30 October 2015.

2015 Carbon Tax Bill

30. The Department of National Treasury has published the 2015 Carbon Tax Bill for public comment. Written comments should be submitted by the close of business on 15 December 2015. See: http://www.treasury.gov.za/public%20comments/CarbonTaxBill2015/

Civil Aviation Act 13 of 2009

31. Proposed amendment to the Civil Aviation Regulations 2011. Interested persons are invited to submit written comments on or before 23 November 2015. Published in GG 39316 Notice Number 999 dated 23 October 2015.

National Health Act 61 of 2003

32. Proposed regulations relating to emergency medical services at mass gathering events. Interested persons are invited to submit written comments within a period of 3 months from the date of publication of this notice. Published in GG 39337 Notice Number 1023 dated 29 October 2015.

Cape Flora/Fynbos Industry/Department of Agriculture

33. Proposed statutory measures on fynbos products exported. Directly affected groups are requested to submit written comments on or before 28 November 2015. Published in GG 39347 Notice Number 1033 dated 30 October 2015. 

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

Western Cape Province

34. Western Cape Environmental Implementation Plan 2015 – 2020. Published in PG 7502 dated 2 October 2015.

35. Overstrand Municipality: By-law relating to the Impoundment of Animals, By-law relating to Streets, Public Places and the Prevention of Public Nuisances and Parking Management By-law. Published in PG 7505 dated 2 October 2015.

36. Commencement of the Western Cape Land Use Planning Act 3 of 2014 in certain municipal areas. Published in PG 7509 Notice Number 18 dated 7 October 2015.

37. Stellenbosch Municipality: Land Use Planning By-law. Published in PG 7512 Notice Number 354 dated 20 October 2015.

38. Commencement of certain sections of the Western Cape Community Safety Act 3 of 2013. Published in PG 7516 Notice Number 19 dated 22 October 2015.

Northern Cape Province

39. Kal! Garib Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1961 Notice Number 146 dated 19 October 2015.

40. Kamiesberg Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1961 Notice Number 147 dated 19 October 2015.

41. Mier Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1961 Notice Number 148 dated 19 October 2015.

42. Siyancuma Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1961 Notice Number 149 dated 19 October 2015.

43. Renosterberg Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1961 Notice Number 150 dated 19 October 2015.

44. !Kheis Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1961 Notice Number 151 dated 19 October 2015.

45. Kareeberg Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1961 Notice Number 152 dated 19 October 2015.

46. Kgatelopele Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1961 Notice Number 153 dated 19 October 2015.

47. Karoo Hoogland Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1961 Notice Number 154 dated 19 October 2015.

48. Khai-Ma Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1961 Notice Number 155 dated 19 October 2015.

Free-State Province

49. Mangaung Local Municipality: Outdoor Advertising Amendment By-law. Published in PG 101 dated 9 October 2015.

50. Setsoso Municipality: Municipal Land Use Planning By-law. Published in PG 108 dated 23 October 2015.

KwaZulu-Natal Province

51. eThekwini Municipality: Beaches By-law. Published in PG 1523 Notice Numbers 195 and 196 dated 12 October 2015.

52. eThekwini Municipality: Municipal Parks and Recreation By-law. Published in PG 1523 Notice Number 197 dated 12 October 2015.

53. Newcastle Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1517 Notice Number 193 dated 9 October 2015.

54. Spatial Planning and Land Use Management Regulations 2015: Delegation regarding Municipal Planning Tribunals. Published in PG 1517 Notice Number 192 dated 9 October 2015.

55. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Beacon Hill Protected Environment. Published in PG 1518 Notice Number 3 dated 9 October 2015.

56. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Baumont Nature Reserve. Published in PG 1518 Notice Number 4 dated 9 October 2015.

57. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Bosch Berg Nature Reserve. Published in PG 1518 Notice Number 5 dated 9 October 2015.

58. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Nambiti Private Game Reserve. Published in PG 1522 Notice Number 6 dated 9 October 2015.

59. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Umgeni Plateau Nature Reserve. Published in PG 1522 Notice Number 7 dated 9 October 2015.

60. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Red Desert Nature Reserve. Published in PG 1522 Notice Number 8 dated 9 October 2015.

61. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Thanda Private Game Reserve. Published in PG 1522 Notice Number 9 dated 9 October 2015.

62. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Roosfontein Nature Reserve. Published in PG 1522 Notice Number 10 dated 9 October 2015.

63. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Zululand Rhino Reserve. Published in PG 1522 Notice Number 11 dated 9 October 2015.

64. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Dargle Nature Reserve. Published in PG 1522 Notice Number 12 dated 9 October 2015.

65. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Mduna Royal Game Reserve. Published in PG 1522 Notice Number 13 dated 9 October 2015.

66. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the James Wakelin Grassland Nature Reserve. Published in PG 1522 Notice Number 14 dated 9 October 2015.

67. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Hawaan Forest Estate Nature Reserve. Published in PG 1522 Notice Number15 dated 9 October 2015.

68. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Fort Nottingham Nature Reserve. Published in PG 1522 Notice Number 16 dated 9 October 2015.

Limpopo Province

69. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of farms as a nature reserve. Published in PG 2616 Notice Number 70 dated 23 October 2015.

70. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of farms as a nature reserve. Published in PG 2616 Notice Number 71 dated 23 October 2015.

71. Sekhukhune District Municipality: Public and Environmental Health By-law. Published in PG 2612 Notice Number 332 dated 6 October 2015. 

Gauteng Province

72. Midvaal Local Municipality: Amendment to the Electricity Supply By-law. Published in PG 473 Notice Number 1897 dated 29 October 2015.

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

Limpopo Province

73. Intention to declare respective land parcels as nature reserves. Members of the public are invited to submit written comments within 60 days from the date of publishing this notice. Published in PG 2609 Notice Number 65 dated 2 October 2015.

74. Intention to declare respective land parcels as nature reserves. Members of the public are invited to submit written comments within 60 days from the date of publishing this notice. Published in PG 2609 Notice Number 66 dated 2 October 2015.

Free-State Province

75. Intention to declare properties as part of the Ingula Nature Reserve. Members of the public are invited to submit written comments within 60 days of publication of this notice. Published in PG 103 Notice Number 74 dated 16 October 2015.

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 November 2015):

1. Plant Improvement Bill (B8 of 2015)
2. Disaster Management Amendment Bill (B10 – 2015)
3. Plant Breeders Rights Bill (B11 of 2015)
4. Medicines and Related Substances Amendment Bill (B6 of 2014)
5. Mineral and Petroleum Resources Development Amendment Bill (B15 of 2013)

This Warburton Attorneys 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