SECTION A:  ENVIRONMENTAL (NATIONAL)

Magistrates Court Act 32 of 1944

1. Annexure of certain districts to the regional court in respect of offences committed within the Mining Industry. Published in GG 36834 Notice Number 671 dated 6 September 2013.

Promotion of Access to Information Act 2 of 2000

2. Description submitted in terms of section 15(1): Limpopo Department of Economic Development, Environment and Tourism. Published in GG 36807 Notice Number 657 dated 6 September 2013.

National Water Act 36 of 1998

3. Revision of general authorisations in terms of section 39 of the Act. Published in GG 36820 Notice Number 665 dated 6 September 2013.

4. Olifants Water Management Area: Limiting the use of water for urban, irrigation and industrial (including mining) purposes from the Middleburg Dam. Published in GG 36826 Notice Number 685 dated 13 September 2013.

National Forests Act 84 of 1998

5. Declaration of particular groups of trees as “champion trees”. Published in GG 36826 Notice Number 677 dated 13 September 2013.

6. Declaration of State Forests in Mpumalanga as forest nature reserves under section 8(1) of the Act. Published in GG 36827 Notice Number 673 dated 13 September 2013.

International Trade Administration Commission of South Africa

7. Amendment Notice: Export Control Guidelines on the exportation of ferrous and non-ferrous waste and scrap. Published in GG 36858 Notice Number 697 dated 18 September 2013.

8. Amendment Notice: Export Control Guidelines on the exportation of ferrous and non-ferrous waste and scrap. Published in GG 36848 Notice Number 689 dated 13 September 2013.

Petroleum Products Act 120 of 1977

9. Commencement date of the regulations regarding the mandatory blending of biofuels and diesel is 1 October 2015. Published in GG 36890 Notice Number 719 dated 30 September 2013.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Medicines and Related Substances Act 101 of 1965

10. Regulations relating to a transparent pricing system for medicines and scheduled substances: annual adjustment of the single exit price of medicines and scheduled substances for the year 2014. Published in GG 36863 Notice Number 705 dated 20 September 2013.

11. Amendment to the Schedules in the Act. Published in GG 36850 Notice Number 690 dated 20 September 2013.

12. Amendment to the Schedules in the Act. Published in GG 36827 Notice Number 674 dated 13 September 2013.

13. Medicines Control Council: Conditions of registration of a medicine. Published in GG 36879 Notice Number 963 dated 27 September 2013.

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

Water Research Amendment Bill 29 of 2013.

14. The Bill was introduced into the National Assembly on 5 September 2013.

Marine Living Resources Amendment Bill 30 of 2013

15. The Bill was introduced into the National Assembly on 12 September 2013.

Marine Living Resources Amendment Bill 30 of 2013

16. Publication of the explanatory summary of the Bill. Published in GG 36847 Notice Number 942 dated 12 September 2013.

Draft Merchant Shipping Amendment Bill

17. Interested persons are invited to submit written comments on the draft Bill within 30 days from the date of publication in the gazette. Published in GG 36839 Notice Number 939 dated 11 September 2013.

Land Management Commission Bill 2013

18. Interested persons are invited to submit written comments on the draft Bill within 30 days from the date of publication in the gazette. Published in GG 36880 Notice Number 964 dated 27 September 2013.

National Health Act 61 of 2003

19. Draft national norms and standards relating to environmental health. Interested and affected parties are invited to submit comments within one month from the date of publication of this notice. Published in GG 36849 Notice Number 943 dated 20 September 2013.

National Road Traffic Act 93 of 1996

20. Proposed amendment of the National Road Traffic Regulations. Interested and affected parties are invited to submit comments within four weeks from the date of publication of this notice. Published in GG 36862 Notice Number 704 dated 20 September 2013.

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

North-West Province

21. Disaster Management Act 57 of 2002: Declaration of a state of drought disaster for the North-West Province. Published in PG 7165 Notice Number 1 dated 6 September 2013. 

Eastern Cape Province

22. Sakhisizwe Municipality By-laws (published in PG 3032 dated 13 September 2013):
a. Building Control by-law
b. Parks and Open Spaces by-law
c. Nuisance by-law
d. Public Cemeteries by-law
e. Refuse Removal by-law
f. Unsightly and Neglected Buildings and Premises by-law

23. National Building Regulations and Building Standards Act 103 of 1977: Sakhisizwe Municipality: Building Control By-law. Published in PG 3032 Notice Number 42 dated 13 September 2013.

Gauteng Province

24. Gauteng Transport Infrastructure Act 8 of 2001: Cancellation of notice 1734 of 2013 in the provincial gazette extraordinary dated 5 July 2013 in connection with the Gautrain Rapid Rail Link. Published in PG 267 Notice Number 2442 dated 12 September 2013. 

Western Cape Province

25. Western Cape Nature Conservation Board: Declaration of the Blue Hill Nature Reserve. Published in PG 7174 Notice Number 314 dated 20 September 2013.

26. Western Cape Nature Conservation Board: Declaration of the Kromrivierkloof Nature Reserve. Published in PG 7174 Notice Number 315 dated 20 September 2013.

27. Notice in terms of regulation 5(4) of the Environmental Management Framework Regulations: Adoption of the City of Cape Town Environmental Management Framework. Published in PG 7172 Notice Number 297 dated 13 September 2013.

Limpopo Province

28. Disaster Management Act 57 of 2002: Declare the Maruleng, Ba-Phalaborwa, Greater Tzaneen, Greater Letaba and Greater Giyani Municipalities in Mopani District Municipality as a disaster area. Published in PG 2261 Notice Number 396 dated 1 October 2013.

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

Northern Cape Province

29. Northern Cape Heritage Resources Authority Bill 2013 – published for public comment in PG 1728 Notice Number 93 dated 5 September 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 October 2013)

• Before National Assembly Committees

➢ 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)
➢ Fertilizers and Feeds Bill (B 41 -2012)  
➢ Broad-Based Black Economic Empowerment Amendment Bill (B 42 -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