SECTION A:  ENVIRONMENTAL (NATIONAL)

Department of Agriculture, Forestry and Fisheries

1. South African Plant Variety Journal. Published in GG 37979 Notice Number 709 dated 12 September 2014.

National Nuclear Regulator Act 47 of 1999

2. Fees for nuclear authorisations. Published in GG 37979 Notice Number 779 dated 12 September 2014.

Gas Regulator Levies Act 75 of 2002

3. Levy and interest payable on piped-gas industry. Published in GG 37979 Notice Number 781 dated 12 September 2014.

Petroleum Pipelines Levies Act 28 of 2004

4. Levy and interest payable on petroleum pipelines industry. Published in GG 37979 Notice Number 782 dated 12 September 2014.

Astronomy Geographic Advantage Act 21 of 2007

5. Declaration of assign the management of the Karoo and Sutherland Central Astronomy Advantage Areas in terms of the Act. Published in GG 37999 Notice Number 730 dated 19 September 2014.

Precious Metals Act 37 of 2005

6. Amendment to the regulations. Published in GG 38014 Notice Number 737 dated 22 September 2014.

Diamond Act 56 of 1989

7. Amendment to the regulations. Published in GG 38013 Notice Number 736 dated 22 September 2014.

Legal Practice Act 28 of 2014

8. The President has assented to the Act and it has been published for general information. Published in GG 38022 Notice Number 740 dated 22 September 2014.

Promotion of Access to Information Act 2 of 2000:

9. Manual in accordance with the Act: Department of Planning, Monitoring and Evaluation. Published in GG 37972 dated 3 September 2014.

10. Manual in accordance with the Act: Gauteng Province: Department of Roads and Transport. Published in GG 38010 dated 17 September 2014.

11. Description submitted in terms of section 15(1): Department of Basic Education. Published in GG 37958 Notice Number 673 dated 5 September 2014.

12. Description submitted in terms of section 15(1): Free State Provincial Government: Department of Police, Roads and Transport (NN 674), Department of Sport, Arts, Culture and Recreation (NN 675), Department of Social Development (NN 676), Office of the Premier (NN 677), Department of Public Works (NN 678), Department of Provincial Treasury (NN 679), Department of Health (NN 680), Department of Agriculture and Rural Development (NN 681), Department of Education (NN 682), Department of Economic Development Tourism and Environmental Affairs (NN 683), Department of Human Settlements (NN 684), Department of Co-operative Governance and Traditional Affairs (NN 685). Published in GG 37958 dated 5 September 2014.

13. Description submitted in terms of section 15(1): Mpumalanga Provincial Government: Department of Cooperative Governance and Traditional Affairs (NN 723), Department of Sport and Recreation: KwaZulu-Natal (NN 724), Limpopo Provincial Government: Department of Social Development (NN 725), Limpopo Provincial Government: Department of Economic Development, Environment and Tourism (NN 727), Limpopo Provincial Government: Department of Agriculture (NN 728), Public Service Commission (NN 729). Published in GG 37999 dated 19 September 2014.

14. Description submitted in terms of section 15(1): Limpopo Provincial Government: Department of Health. Published in GG 38015 Notice Number 739 dated 26 September 2014.

South African Human Rights Commission Act 40 of 2013

15. Commencement date of the Act is 5 September 2014. Published in GG 37977 Notice Number 63 dated 5 September 2014.

Standards Act 8 of 2008

16. Standards Matters. Published in GG 37958 Notice Number 686 dated 5 September 2014.

Consumer Price Index

17. Consumer Price Index (CPI) for August 2014. Published in GG 38015 Notice Number 824 dated 26 September 2014.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Mine Health and Safety Act 29 of 1996

18. Amendment to Chapter 11 of the Regulations. Published in GG 37980 Notice Number 701 dated 12 September 2014.

19. Amendment to Chapter 21 of the Regulations. Published in GG 37980 Notice Number 702 dated 12 September 2014.

Mental Health Care Act 17 of 2000

20. Regulations establishing Ministerial Advisory Committee on Mental Health. Published in GG 37978 Notice Number 699 dated 5 September 2014.

National Health Act 61 of 2003

21. Regulations relating to research with human participants. Published in GG 38000 Notice Number 719 dated 19 September 2014.

Nursing Act 33 of 205

22. Regulations setting out the acts or omissions in respect of which the Council may take disciplinary steps. Published in GG 38047 Notice Number 767 dated 1 October 2014.

Health Professions Act 56 of 1974

23. Amendment to the regulations relating to the registration of Environmental Health Practitioners of additional qualifications. Published in GG 38046 Notice Number 766 dated 1 October 2014.

National Regulatory for Compulsory Specification Act 5 of 2008

24. Amendment to the regulations relating to the gazetting of levy periods. Published in GG 37959 Notice Number 668 dated 5 September 2014.

25. Amendment to the Compulsory Specification for Motor Vehicles of Category M1. Published in GG 37958 Notice Number 687 dated 5 September 2014.

26. Amendment to the Compulsory Specification for Motor Vehicles of Category N1. Published in GG 37958 Notice Number 688 dated 5 September 2014.

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

National Environmental Management Act 107 of 1998

27. Draft Environmental Impact Assessment (EIA) Guideline for Renewable Energy Projects. Interested parties are invited to submit written comments within 30 days after the publication of the notice in the gazette.  Published in GG 37984 Notice Number 777 dated 8 September 2014.

National Water Act 36 of 1998

28. Proposed classes of water resources for the catchments of the Crocodile (West), Marico, Mokolo and Matlabas. Interested persons are requested to submit written comments within 60 days from the date of publication of this notice. Published in GG 37999 Notice Number 818 dated 19 September 2014.

29. Proposed classes of water resources for the catchment of the Olifants. Interested persons are requested to submit written comments within 60 days from the date of publication of this notice. Published in GG 37999 Notice Number 819 dated 19 September 2014.

30. Proposed classes of water resources for the catchment of the Middle Vaal. Interested persons are requested to submit written comments within 60 days from the date of publication of this notice. Published in GG 37999 Notice Number 820 dated 19 September 2014.

31. Proposed classes of water resources for the catchment of the Lower Vaal. Interested persons are requested to submit written comments within 60 days from the date of publication of this notice. Published in GG 37999 Notice Number 821 dated 19 September 2014.

32. Proposed classes of water resources for the catchment of the Upper Vaal. Interested persons are requested to submit written comments within 60 days from the date of publication of this notice. Published in GG 37999 Notice Number 822 dated 19 September 2014.

33. Proposed classes of water resources for the Letaba catchment. Interested persons are requested to submit written comments within 60 days from the date of publication of this notice. Published in GG 37999 Notice Number 823 dated 19 September 2014.

Merchant Shipping Amendment Bill 2014

34. Notice of intention to introduce the Merchant Shipping Amendment Bill 2014 into Parliament. Published in GG 38025 Notice Number 828 dated 25 September 2014.

Mineral and Petroleum Resources Development Act 28 of 2002

35. Intention to prohibit or restrict the issuing of prospecting or mining rights within the buffer zone of the Mapungubwe World Heritage Site in terms of section 49(1) of the Act. Relevant stakeholders are requested to submit written comments within a period of 30 days after the publication of this notice. Published in GG 37979 Notice Number 706 dated 12 September 2014 and GG 38004 Notice Number 718 dated 12 September 2014.

Gas Regulator Levies Act 75 of 2002 and Petroleum Pipelines Levies Act 75 of 2002

36. Proposed levies on the piped-gas and petroleum pipeline industries for the 2015/16 financial year. Written representations must be made within 30 days of the date of this publication. Published in GG 37979 Notice Number 779 dated 12 September 2014.

Department of Environmental Affairs

37. Call for public comments on possible mitigation measures for shark attacks at Port St John’s beaches. Affected and interested parties are requested to submit written comments or inputs within 45 days from the date of publication of this gazette. Published in GG 37999 Notice Number 802 dated 19 September 2014.

Medicines and Related Substances Act 101 of 1965

38. Draft amendment to the regulations relating to a transparent system for medicines and scheduled substances. Interested persons are requested to submit written comments within 3 months of publication of this notice. Published in GG 37996 Notice Number 798 dated 15 September 2014.

39. Draft amendment to the general regulations in terms of the Act. Interested persons are requested to submit written comments within 3 months of publication of this notice. Published in GG 37995 Notice Number 716 dated 15 September 2014.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

40. Draft amendment to the regulations relating to health messages on container labels of alcohol beverages. Interested persons are invited to submit written comments within 3 months of the date of publication of this notice. Published in GG 37975 Notice Number 697 dated 4 September 2014.

Marketing of Agricultural Products Act 47 of 1996

41. New application for statutory measures relating to maize products and wheaten products. Directly affected groups in the grain industry are requested to submit written comments on or before 19 September 2014. Published in GG 37958 Notice Number 741 dated 5 September 2014.

42. Request for the establishment of statutory measures relating to levies, registration and records and returns on imported chicken products. Directly affected groups are requested to submit written comments on or before 26 September 2014. Published in GG .7979 Notice Number 778 dated 12 September 2014.

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

Western Cape Province

43. Overberg District Municipality: Repeal of by-laws. Published in PG 7303 dated 29 August 2014.

44. Swellendam Municipality: Repeal and replacement of Zoning Scheme Regulations. Published in PG 7300 Notice Number 218 dated 22 August 2014.

45. Western Cape Nature Conservation Board: Declaration of the Knersvlakte Nature Reserve. Published in PG 7307 Notice Number 10 dated 12 September 2014.

46. Cederberg Municipality: Declaration of heritage resource as provincial heritage: Diepkloof Rock Shelter, Piketberg. Published in PG 7310 Notice Number 253 dated 23 September 2014.

47. The City of Cape Town Municipality: Declaration of heritage resource as provincial heritage: Harold Cressy High School, Cape Town. Published in PG 7310 Notice Number 254 dated 23 September 2014.

48. The City of Cape Town Municipality: Declaration of heritage resource as provincial heritage: The St Georges Cathedral, Cape Town. Published in PG 7310 Notice Number 255 dated 23 September 2014.

49. Cederberg Municipality: Declaration of heritage resource as provincial heritage: The Verlorenvlie Heritage Settlement, Piketberg. Published in PG 7310 Notice Number 256 dated 23 September 2014.

50. Overstrand Municipality: Parking Management By-law. Published in PG 7305 dated 5 September 2014.

Free-State Province

51. Private Health Establishment Regulations. Published in PG 53 Notice Number 78 dated 9 September 2014.

52. Xhariep District Municipality: Environmental Management By-law. Published in PG 58 dated 19 September 2014.

53. Xhariep District Municipality: Dumping and Littering By-law. Published in PG 58 dated 19 September 2014.

54. Xhariep District Municipality: Environmental Health By-law. Published in PG 58 dated 19 September 2014.

Mpumalanga Province

55. Nkomazi Local Municipality: Water Services By-law. Published in PG 2360 Notice Number 194 dated 12 September 2014.

56. Nkomazi Local Municipality: Library By-law. Published in PG 2360 Notice Number 195 dated 12 September 2014.

57. Nkomazi Local Municipality: Abattoir Hygiene By-law. Published in PG 2360 Notice Number 196 dated 12 September 2014.

58. Nkomazi Local Municipality: Eradication of Informal Settlements within the Municipality By-law. Published in PG 2360 Notice Number 197 dated 12 September 2014.

59. Nkomazi Local Municipality: Street Trading By-law. Published in PG 2360 Notice Number 198 dated 12 September 2014.

60. Nkomazi Local Municipality:  Property Encroachment By-law. Published in PG 2360 Notice Number 199 dated 12 September 2014.

61. Nkomazi Local Municipality: Control of Parking Attendants/Car Guards By-law. Published in PG 2360 Notice Number 200 dated 12 September 2014.

62. Nkomazi Local Municipality: Sand Harvesting By-law. Published in PG 2360 Notice Number 201 dated 12 September 2014.

63. Nkomazi Local Municipality: Nuisance By-law. Published in PG 2360 Notice Number 202 dated 12 September 2014.

64. Nkomazi Local Municipality: Traffic By-law. Published in PG 2360 Notice Number 203 dated 12 September 2014.

65. Nkomazi Local Municipality: Waste Management By-law. Published in PG 2360 Notice Number 204 dated 12 September 2014.

66. Nkomazi Local Municipality: Fire Prevention By-law. Published in PG 2360 Notice Number 205 dated 12 September 2014.

Northern Cape Province

67. Local Government: Municipal Systems Act 32 of 2000: Umsobomvu Municipality: Approval of the Spatial Planning and Land Use By-law. Published in PG 1836 Notice Number 116 dated 15 September 2014.

Gauteng Province

68. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority: Gauteng: formal declaration. Published in PG 263 Notice Number 2986 dated 18 September 2014.

Limpopo Province

69. Local Government: Municipal Systems Act 32 of 200: Vhembe District Municipality: Water and Sanitation By-laws. Published in PG 2422 Notice Number 149 dated 26 September 2014.

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

North West Province

70. Local Government: Municipal Systems Act 3 of 2000: Dr JS Moroka Local Municipality: Draft by-laws: Water Services, By-law, Cemetery By-law and Health By-law. Members of the public are invited to submit written comments before 23 September 2014. Published in PG 7344 Notice Number 414 dated 2 September 2014.

Western Cape Province

71. Draft Western Cape Independent Health Complaints Committee Regulations 2014. Interested persons are requested to submit written comments on or before 30 September 2014. Published in PG 7298 Notice Number 216 dated 22 August 2014.

72. National Heritage Resources Act 25 of 1999: draft amendment to the regulations made by Heritage Western Cape. Interested persons are requested to submit written comments within 30 days from the date of publication of this notice. Published in PG 7311 Notice Number 258 dated 26 September 2014.

Mpumalanga Province

73. Local Government: Municipal Systems Act 3 of 2000: Dr JS Moroka Local Municipality intends to pass the following draft by-laws: Water Services; Cemetery and Health by-laws. Interested persons are invited to submit written comments until 25 October 2014. Published in PG 2364 Notice Number 478 dated 19 September 2014.

Gauteng Province

74. Draft Gauteng Nature Conservation Bill 2014. Members of the public are invited to submit written comments within 30 days from the date of publication of this notice. Published in PG 278 Notice Number 3176 dated 1 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 2 September 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)
– National Environmental Management: Integrated Coastal Management Amendment Bill (B8 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