SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

1. Publication of the Environmental Impact Assessments Guideline for Aquaculture in South Africa. Published in GG 36894 Notice Number 994 dated 3 October 2013.

Department of Agriculture, Forestry and Fisheries

2. Publication of the National Aquaculture Policy Framework. Published in GG 36920 Notice Number 763 dated 11 October 2013.

Department of Environmental Affairs

3. Publication of the African Penguin Biodiversity Management Plan. Published in GG 36966 Notice Number 824 dated 31 October 2013.

National Environmental Management: Air Quality Act 39 of 2004

4. Regulations prescribing the format of the atmospheric impact report. Published in GG 36904 Notice Number 747 dated 11 October 2013.

5. Declaration of a small boiler as a controlled emitter and establishment of emission standards. Published in GG 36973 Notice Number 831 dated 1 November 2013.

6. National Dust Control Regulations. Published in GG 36974 Notice Number 827 dated 1 November 2013.

National Environmental Management: Protected Areas Act 57 of 2003

7. Declaration of land to be part of the Table Mountain National Park. Published in GG 36951 Notice Number 804 dated 25 October 2013.

8. Declaration of land to be part of the Camdeboo National Park. Published in GG 36951 Notice Number 805 dated 25 October 2013.

9. Declaration of land to be part of the West Coast National Park. Published in GG 36951 Notice Number 806 dated 25 October 2013.

10. Declaration of land to be part of the Tankwa Karoo National Park. Published in GG 36951 Notice Number 807 dated 25 October 2013.

11. Declaration of land to be part of the Namaqua National Park. Published in GG 36951 Notice Number 808 dated 25 October 2013.

12. Declaration of land to be part of the Mountain Zebra National Park. Published in GG 36951 Notice Number 809 dated 25 October 2013.

13. Declaration of land to be part of the Karoo National Park. Published in GG 36951 Notice Number 810 dated 25 October 2013.

14. Declaration of land to be part of the Addo Elephant National Park. Published in GG 36951 Notice Number 811 dated 25 October 2013.

Promotion of Access to Information Act 2 of 2000

15. Description submitted in terms of section 15(1): Limpopo Provincial Government: Department of Agriculture. Published in GG 36884 Notice Number 732 dated 4 October 2013.

16. Description submitted in terms of section 15(1): Limpopo Provincial Government: Department of Health. Published in GG 36884 Notice Number 731 dated 4 October 2013.

17. Manual in accordance with the Act: KwaZulu-Natal Provincial Government: Department of Health. Published in GG 36895 dated 4 October 2013.

18. Manual in accordance with the Act: Department of Water Affairs. Published in GG 36971 dated 29 October 2013.

Department of Arts and Culture

19. Publication of official geographical names. Published in GG 36883 Notice Number 718 dated 2 October 2013.

Transport Laws and Related Matters Amendment Act 3 of 2013

20. The commencement date of the Act is 9 October 2013 with the exception of sections 3(b) and (c). Published in GG 36911 Notice Number 44 dated 9 October 2013.

National Road Traffic Act 93 of 1996

21. Revocation of Government Gazette 36766 Notice Number 628 dated 20 August 2013. Published in Government Gazette 36874 Notice Number 962 dated 26 September 2013.

22. Amendment of the regulations in terms of the Act. Published in GG 36911 Notice Number 758 dated 9 October 2013.

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

23. Publication of the E-Road Regulations. Published in GG 36911 Notice Number 739 dated 9 October 2013.

24. Publication of the Specification Regulations. Published in GG 36911 Notice Number 740 dated 9 October 2013.

25. Publication of regulations on exemptions from the payment of tolls. Published in GG 36911 Notice Number 741 dated 9 October 2013.

Consumer Protection Act 68 of 2008

26. Categories of goods that are required to have a trade description applied to them in terms of the Act. Published in GG 36968 Notice Number 825 dated 25 October 2013.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Medicines and Related Substances Act 101 of 1965

27. Regulations relating to a transparent pricing system for medicines and scheduled substances: dispensing fee for pharmacists. Published in GG 36875 Notice Number 714 dated 26 September 2013.

28. Amendment to the general regulations. Published in GG 36929 Notice Number 766 dated 14 October 2013.

Perishable Products Export Control Act 9 of 1983

29. Perishable Products Export Control Board: Imposition of levies on perishable products. Published in GG 36904 Notice Number 204 dated 11 October 2013.

Agricultural Product Standards Act 119 of 1990

30. Amendment to the standards and requirements regarding the control of the export of Apricots. Published in GG 36904 Notice Number 1007 dated 11 October 2013.

31. Amendment to the standards and requirements regarding the control of the export of Pears. Published in GG 36904 Notice Number 1008 dated 11 October 2013.

32. Amendment to the standards and requirements regarding the control of the export of Plums and Prunes. Published in GG 36904 Notice Number 1009 dated 11 October 2013.

33. Amendment to the standards and requirements regarding the control of the export of Table Grapes. Published in GG 36904 Notice Number 1010 dated 11 October 2013.

34. Amendment to the standards and requirements regarding the control of the export of Apples. Published in GG 36904 Notice Number 1011 dated 11 October 2013.

35. Amendment to the standards and requirements regarding the control of the export of Peaches and Nectarines. Published in GG 36904 Notice Number 1012 dated 11 October 2013.

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

National Road Traffic Act 93 of 1996

36. Proposed amount payable by a driving licence testing centre in terms of regulations 108(1A) and 119(1A) in terms of the National Road Traffic Regulations, 2000. Interested parties are requested to lodge any comments within 4 weeks from the date of publication of this notice. Published in GG 36874 Notice Number 961 dated 26 September 2013.

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

37. Proposed tariffs for different categories of road users and classes of motor vehicles: Gauteng Freeway Improvement Project, Toll Roads. Published for public comment in GG 36912 Notice Number 1006 dated 9 October 2013.

Marketing of Agricultural Products Act 47 of 1996

38. Request for the continuation of statutory measures relating to levies, registration and records and returns in the pork industry. Published in GG 36904 Notice Number 746 dated 11 October 2013.

39. Request for the continuation of statutory measures and invitation to directly affected groups in the Cotton Industry to forward comments regarding the requests from Cotton SA. Published in GG 36973 Notice Number 1055 dated 31 October 2013.

International Health Regulations Bill 2013

40. Interested persons are invited to submit written comments on the Bill within 30 days of the publication of this notice. Published in GG 36931 Notice Number 1020 dated 14 October 2013.

Mineral and Petroleum Resources Development Act 28 of 2002

41. Proposed technical regulations for petroleum exploration and exploitation. Members of the public and interested and affected parties are invited to submit written comments on the draft regulations within 30 days of publication of this notice. Published in GG 36938 Notice Number 1032 dated 15 October 2013.

Nursing Act 33 of 2005

42. Draft regulations regarding the scope of practice of nurses and midwives. Interested persons are invited to submit written comments on the draft regulations within 3 months of publication of this notice Published in GG 36935 Notice Number 786 dated 15 October 2013.

National Energy Regulator of South Africa (NERSA)

43. Invitation to submit written comments on the Municipal Tariff Benchmarks for the 2014/2015 financial year. Published in GG 36923 Notice Number 1024 dated 18 October 2013.

Gas Regulator Levies Act 75 of 2002 and the Petroleum Pipeline Levies Act 28 of 2004

44. Proposed levy on the piped-gas and petroleum pipeline industries for 2014/2015. Published in GG 36959 Notice Number 1048 dated 23 October 2013.

Water Services Act 108 of 1997

45. Draft regulations relating to compulsory national standards for process controllers and water services works. Interested parties are invited to submit comments on the draft regulations within 30 days from the date of publication of this notice. Published in GG 36958 Notice Number 813 dated 23 October 2013. 

46. Correction notice amending the regulations relating to compulsory national standards for process controllers and water services work.  Published in GG 36978 Notice Number 826 dated 25 October 2013.

National Environmental Management Act 107 of 1998

47. Notice of intention to establish guidelines for the preparation of Environmental Implementation Plans and Environmental Management Plans. Published in GG 36951 Notice Number 1043 dated 25 October 2013.

National Environmental Management: Protected Areas Act 57 of 2003

48. Intention to amend the Proper Administration of Special Nature Reserves, National Parks and World Heritage Sites Regulations, 2013. Members of the public are invited to comment on the draft amendment within 30 days after the publication of this notice. Published in GG 36969 Notice Number 1052 dated 25 October 2013.

Infrastructure Development Bill 2013

49. The Minister of Economic Development intends introducing the Bill into Parliament during the course of November 2013. Published in GG 36980 Notice Number 1078 dated 30 October 2013.

Merchant Shipping Amendment Bill 2013

50. The Minister of Transport intends introducing the Bill into Parliament during the third term of 2013. Published in GG 36989 Notice Number 1082 dated 31 October 2013.

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

Western Cape Province

51. West Coast District Municipality: Air Quality Management By-law. Published in PG 7170 dated 6 September 2013.

52. Drakenstein Municipality: Integrated Waste Management By-law. Published in PG 7184 dated 4 October 2013.

53. Mossel Bay Municipality: Air Quality Control By-law. Published in PG 7184 dated 4 October 2013.

Eastern Cape Province

54. Disaster Management Act 57 of 2002: Declaration of a provincial state of disaster. Published in PG 3068 Notice Number 78 dated 1 November 2013.

KwaZulu-Natal Province

55. uPhongolo Municipality: Pound By-law. Published in PG 1031 Notice Number 112 dated 4 October 2013.

56. Sisonke District Municipality: Municipal Health Services By-law. Published in PG 1032 Notice Number 113 dated 4 October 2013.

Free State Province

57. Mangaung Metropolitan Municipality: publication of the following by-laws in PG 60 dated 25 October 2013:
a. Waste Management By-Law;
b. Water Services By-Law;
c. Environmental Health Services By-law; and
d. Fire-Fighting Services By-law.

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 5 November 2013)

• Before National Assembly Committees

➢ Infrastructure Development Bill (B49 of 2013)
➢ Merchant Shipping (International Oil Pollution Compensation Fund) Administration Bill (B42 of 2013)
➢ Merchant Shipping (International Oil Pollution Compensation Fund) Contributions Bill (B41 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)
➢ Merchant Shipping (Civil Liability Convention) Bill (B20 of 2013)
➢ Merchant Shipping (International Oil Pollution Compensation Fund) Bill (B19 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)
➢ Tourism Bill (B44 – 2012)
➢ Mental Health Care Amendment Bill (B39 of 2012)

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