SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management: Integrated Coastal Management Amendment Act 36 of 2014

1. The President has assented to the Act and will come into operation within 6 months of the date of publication in the gazette or an earlier date as determined by proclamation by the President in the gazette. Published in GG 38171 Notice Number 862 dated 3 November 2014.

Integrated Environmental Management Guideline Series 9

2. Guideline on Need and Desirabili8ty in terms of the Environmental Impact Assessment (EIA) Regulations, 2014. Published in GG 38108 Notice Number 891 dated 20 October 2014.

Water Services Act 108 of 1997

3. Extension of area of operation of Sedibeng Water. Published in GG 38100 Notice Number 811 dated 15 October 2014.

4. Disestablishment of Pelladrift Water Board. Published in GG 38099 Notice Number 810 dated 15 October 2014.

Mineral and Petroleum Resources Development Act 28 of 2002

5. Prohibition under section 49(1) of the Act against the granting of new applications for prospecting rights, mining rights, reconnaissance permission or mining permits. Published in GG 38128 Notice Number 922 dated 31 October 2014.

Land Survey Act 8 of 1997

6. Amendment to the Land Survey Regulations. Published in GG 38128 Notice Number 832 dated 31 October 2014.

Broad-Based Black Economic Empowerment Amendment Act 46 of 2013

7. The Act came into operation on the date of publication of this proclamation i.e. 24 October 2014. Published in GG 38126 Notice Number 72 dated 24 October 2014.

National Road Traffic Act 5 of 2009

8. Amendment to the National Road Traffic Regulations. Published in GG 38142 Notice Number 846 dated 31 October 2014.

Promotion of Access to Information Act 2 of 2000

9. Manual in accordance with the Act:
a. Departement van Beplanning, Monitering en Evaluasie. Published in GG 38050 dated 3 October 2014.
b. Department of Social Development. Published in GG 38066 dated 9 October 2014.
c. Office of the Premier: Province of the Eastern Cape. Published in GG 38105 dated 20 October 2014.
d. Department of Roads and Transport. Published in GG 38124 dated 27 October 2014.
e. Department of Public Enterprises. Published in GG 38136 dated 31 October 2014.

10. Description submitted in terms of section 15(1):
a. Gauteng Government: Office of the Premier. Published in GG 38032 Notice Number 752 dated 3 October 2014.
b. Province of KwaZulu-Natal: Department of Cooperative Governance and Traditional Affairs. Published in GG 38059 Notice Number 775 dated 10 October 2014.
c. Limpopo Provincial Government: Department of Co-operative Governance, Human Settlements and Traditional Affairs. Published in GG 37088 Notice Number 796 dated 17 October 2014.
d. Department of Planning, Monitoring and Evaluation. Published in GG 37088 Notice Number 797 dated 17 October 2014.
e. City of Malotsana Local Municipality. Published in GG 38128 Notice Number 828 dated 31 October 2014.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Nursing Act 33 of 2005

11. Regulations regarding an appeal against decisions of the South African Nursing Council. Published in GG 38071 Notice Number 778 dated 8 October 2014.

Medicines and Related Substances Act 101 of 1965

12. Vested powers by section 14(2). Published in GG 38133 Notice Number 837 dated 28 October 2014.

Agricultural Product Standards Act 119 of 1990

13. Regulations regarding the control of the export of fresh fruits. Published in GG 38033 Notice Number 748 dated 3 October 2014.

14. Amendment to the standards and regulations regarding control of the export of maize products. Published in GG 38033 Notice Number 749 dated 3 October 2014.

15. Regulations relating to the quality, grading and marking of tomatoes intended for sale in the Republic of South Africa. Published in GG 38033 Notice Number 750 dated 3 October 2014.

Agricultural Produce Agents Act 12 of 1992

16. Unclaimed monies payable to principals of fresh produce agents. Published in GG 38032 Notice Number 116 dated 3 October 2014.

Plant Health (Phytosanitary) Policy for South Africa 2014

17. The Department of Agriculture, Forestry and Fisheries has published the Plant Health (Phytosanitary) Policy for South Africa, May 2014. Published in GG 38102 Notice Number 889 dated 17 October 2014.

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

National Water Act 36 of 1998

18. Proposed classes of water resources for the catchments of the Olifants-Doorn. Interested persons are invited to submit written comments within 60 days from the date of publication of this notice. Published in GG 38032 Notice Number 843 dated 3 October 2014.

19. Preliminary allocation schedule for compulsory licensing published in terms of s46(1) and s21(a), (b) and (c) water use in the Mhlathuze Catchment. Affected and interested parties who unsuccessfully lodged objections to the proposed allocation schedule that was published by the Department of Water and Sanitation on the 10 August 2012 and wish to appeal must submit their written appeals/within 30 days of the publication of this notice. Published in GG 38097 Notice Number 883 dated 14 October 2014.

National Environmental Management: Air Quality Act 39 of 2004

20. Draft National Air Quality Appeal Regulations. 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 38122 Notice Number 915 dated 24 October 2014.

National Environmental Management Act 107 of 1998

21. Draft regulations pertaining to the financial provision for the rehabilitation, closure or post-closure of prospecting, exploration, mining or production operations. 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 38145 Notice Number 940 dated 31 October 2014.

Spatial Planning and Land Use Management Act 16 of 2013

22. Draft regulations in terms of the Act. Interested persons may submit written comments on or before 10 November 2014. Published in GG 38077 Notice Number 877 dated 10 October 2014.

Petroleum Pipelines Act 60 of 2003

23. Draft amendment regulations. Written comments must be submitted within 60 days from the date of publication. Published in GG 38088 Notice Number 885 dated 17 October 2014.

National Land Transport Act 5 of 2009

24. Correction notice: The Department of Transport has withdrawn GG 38054 Notice Number 847 dated 3 October 2014 because the English version does not correspond with the correct isiZulu version. The Department has withdrawn the English version by replacing it with the corrected English version. Published in GG 38150 Notice Number 946 dated 31 October 2014.

25. Draft amendment to the Distinguishing Marks for Mini-bus and Midi-bus regulations. Interested parties are invited to submit written comments within 30 days after the publication of the notice in the gazette.  Published in GG 38054 Notice Number 847dated 3 October 2014.

Broad-Based  Black Economic Empowerment Amendment Act 2013

26. Draft amendment to the Broad-Based Black Economic Empowerment Codes of Good Practice. Public comments may be received from 10 October 2014 – 14 November 2014. Published in GG 38076 Notice Number 876 dated 10 October 2014.

Nursing Act 33 of 2005

27. Draft regulations relating to the approval of and minimum requirements for the education and training of a learner leading to registration in the category of midwife. Interested persons are requested to submit written comments within three months of the date of publication of this notice. Published in GG 38095 Notice Number 786 dated 13 October 2014.

Health Professions Act 56 of 1947

28. Draft regulations relating to the scope of the progression of speech-language therapy. Published in GG 38096 Notice Number 787 dated 13 October 2014.

Agricultural Product Standards Amendment Bill 2014

29. All interested institutions, organisations and individuals are invited to submit written comments within 30 days after the publication of the notice in the gazette.  Published in GG 38032 Notice Number 829 dated 3 October 2014.

Animal Improvement Act 62 of 1998

30. Proposed amendments to the regulations relating to breeds recognised under the Act in the Republic of South Africa. Comments must be submitted in writing within 30 days from the date of publication of notice. Published in GG 38056 Notice Number 848 dated 3 October 2014.

Green Paper on National Agricultural Training Institutes

31. Interested persons are requested to submit written comments by no later than 30 days after publication in the government gazette. Published in GG 38081 Notice Number 880 dated 13 October 2014.

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

KwaZulu-Natal Province

32. Okhahlamba Municipality: Adoption of the Pound By-law and Community Behaviour By-law. Published in PG 1248 Notice Number 213 dated 9 October 2014.

33. Okhahlamba Municipality: Adoption of the Pound By-law. Published in PG 1249 Notice Number 214 dated 9 October 2014.

34. uThungulu District Municipality: Water Services By-law. Published in PG 1261 Notice Number 142 dated 30 October 2014.

35. Disaster Management Act 57 of 2002: Declaration of a local state of disaster. Published in PG 1263 Notice Number 143 dated 31 October 2014.

North West Province

36. Ramotshere Moiloa Local Municipality: Electricity Supply By-law. Published in PG 7357 Notice Number 189 dated 8 October 2014.

Gauteng Province

37. The City of Johannesburg Metropolitan Municipality: By-law on Problem Properties 2014: will be implemented effective 1 November 2014. Published in PG 286 Notice Number 1482 dated 15 October 2014.

38. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of an area as the Roodepoort Nature Reserve. Published in PG 302 Notice Number 3503 dated 29 October 2014.

39. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of an area as the Rietvlei Nature Reserve. Published in PG 302 Notice Number 3504 dated 29 October 2014.

40. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of an area as the Klapperkop Nature Reserve. Published in PG 302 Notice Number 3505 dated 29 October 2014.

41. National Environmental Management: Protected Areas Act 57 of 2003: Amendment of boundaries of Groenkloof Nature Reserve. Published in PG 302 Notice Number 3506 dated 29 October 2014.

42. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of an area as the Voorktrekker Monument Nature Reserve. Published in PG 302 Notice Number 3507 dated 29 October 2014.

43. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of an area as the Leeuwfontein Nature Reserve. Published in PG 302 Notice Number 3508 dated 29 October 2014.

Free-State Province

44. Declaration of the veld fires in the province as a provincial state of disaster: Local Municipalities of Maluti-a-Phofung, Dihlabeng and Mohokare. Published in PG 63 Notice Number 93 dated 10 October 2014.

Western Cape Province

45. Under section 33 of the Western Cape Community Safety Act, 2013 (Act 3 of 2013), sections 10 to 15, 16(2) and (3), 17, 18 and 24(1) of this Act come into operation on the date of publication of this proclamation i.e. 21 October 2014. Published in PG 7319 Notice Number 12 dated 21 October 2014.

46. Swartland Local Municipality: Correction notice: repeal by-law 2014. Published in PG 7315 dated 10 October 2014.

Limpopo Province

47. National Environmental Management: Protected Areas Act 57 of 2003: Correction notice: declaration of various properties as nature reserves. Published in PG 2436 Notice Number 10 dated 31 October 2014.

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

Mpumalanga Province

48. The Umjindi Municipality intends reviewing the Street and Miscellaneous By-laws and the Refuse (Solid Waste) and Sanitary By-laws. Members of the public are invited to submit written comments within the period of 14 days. Published in PG 2375 Notice Number 216 dated 24 October 2014.

Northern Cape Province

49. Northern Cape Planning and Development Act 1998: Tsantsabane Municipality: Notice of draft Spatial Development Planning Framework. Closing date for written comments is 19 November 2014. Published in PG 1846 Notice Number 130 dated 20 October 2014.

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 2014)

• Before National Assembly Committees

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

• Awaiting signature from the President

➢ Mineral and Petroleum Resources Development Amendment Bill (B15 of 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