SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

1. Section 24H Registration Authority Regulations. Published in GG 40154 Notice Number 849 dated 22 July 2016.

National Environmental Management: Integrated Coastal Management Act 24 of 2008

2. Appeal regulations. Published in GG 40128 Notice Number 815 dated 8 July 2016.

National Environmental Management: Biodiversity Act 10 of 2004

3. Publication of Alien and Invasive Species lists. Published in GG 40166 Notice Number 864 dated 29 July 2016.

National Land Transport Act 5 of 2009

4. Minimum requirements for the preparation of Integrated Transport Plans. Published in GG 40174 Notice Number 881 dated 29 July 2016.

Promotion of Access to Information Act 2 of 2000

5. Description submitted in terms of section 15(1) by the Gauteng Department of Sport, Arts, Culture and Recreation. Published in GG 40140 Notice Number 835 dated 15 July 2016.

6. Description submitted in terms of section 15(1) by the Swartland Municipality. Published in GG 40154 Notice Number 851 dated 22 July 2016.

7. Description submitted in terms of section 15(1) by the KwaZulu-Natal Provincial Government: Department of Transport. Published in GG 40154 Notice Number 853 dated 22 July 2016.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Mine Health and Safety Act 29 of 1996

8. Guideline for a Mandatory Code of Practice for Risk Based Emergency Care on a Mine. Published in GG 40142 Notice Number 840 dated 15 July 2016.

9. Guidance Note for the Implementation of Standard Threshold Shift in Medical Surveillance of Noise Induced Hearing Loss. Published in GG 40142 Notice Number 839 dated 15 July 2016.

Plants Breeders’ Rights Act 15 of 1976

10. Plant Breeders’ Rights process for the period October 2015 – December 2015. Published in GG 40154 Notice Number 844 dated 22 July 2016.

Marketing of Agricultural Products Act 47 of 1996

11. Continuation of statutory measure and determination of guideline price: levies relating to pigs. Published in GG 40154 Notice Number 845 dated 22 July 2016.

12. Continuation of statutory measures: records and returns by abattoirs and exporters of live pigs. Published in GG 40154 Notice Number 846 dated 22 July 2016.

13. Continuation of statutory measures: registration by abattoirs and exporters of live pigs. Published in GG 40154 Notice Number 847 dated 22 July 2016.

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947

14. Prohibition on the import, export, possession, acquisition, sales, use and disposal of certain agricultural remedies. Published in GG 40169 Notice Number 879 dated 29 July 2016.

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

National Water Act 36 of 1998

15. Draft Policy on Sustainable Hydropower Generation. Members of the public are invited to submit written comments within 60 days from the date of publication of the notice in the gazette. Published in GG 40125 Notice Number 400 dated 8 July 2016 and published again in GG 40140 Notice Number 436 dated 15 July 2016.

16. Proposed Mzimvubu Water Project and the environmental impact assessment relating thereto. Interested parties are invited to submit written comments by 29 September 2016. Published in GG 40154 Notice Number 856 dated 22 July 2016.

National Forests Amendment Bill 11 of 2016

17. The Minister of Agriculture, Forestry and Fisheries introduced the Bill to the National Assembly on 21 July 2016. See: http://pmg-assets.s3-website-eu-west-1.amazonaws.com/160721b_11-2016_national_forests.pdf

18. Publication of the explanatory summary of the Bill. Published in GG 40140 Notice Number 827 dated 15 July 2016.

National Environmental Management: Biodiversity Act 10 of 2004

19. Invitation for communities and individuals who have traditional knowledge associated with Kudu Berry Tree (Pseudolachnostylis Maprouneifolia) and Wing Pod Tree (Xeroderris Stuhlmannii) to submit their names with evidence in writing within 30 days from the date of publication of this notice. Published in GG 40173 Notice Number 470 dated 29 July 2016.

National Health Act 61 of 2003

19. Proposed Emergency Medical Services Regulations. Interested persons are invited to submit written comments within 3 months of this notice. Published in GG 40140 Notice Number 830 dated 15 July 2016.

Medicines and Related Substance Act 101 of 1965

20. Proposed amendment to the general regulations. Interested persons are invited to submit written comments within 1 month of the publication of this notice. Published in GG 40158 Notice Number 858 dated 25 July 2016. 

Marketing of Agricultural Products Act 47 of 1996

21. Application for the continuation of statutory measures in terms of the dried fruit industry. Directly affected groups are invited to submit written comments on or before 15 August 2016. Published in GG 40125 Notice Number 385 dated 8 July 2016.

Agricultural Product Standards Act 119 of 1990

22. Invitation to prospective assignees to submit their written expression of interest by making an application to be designated by the Minister. Published in GG 40140 Notice Number 826 dated 15 July 2016.

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

Limpopo Province

23. Elias Motsoaledi Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2730 Notice Number 20 dated 1 July 2016.

Mpumalanga Province

24. Emakhazeni Local Municipality: Accommodation Establishment By-law. Published in PG 2708 Notice Number 60 dated 1 July 2016.

25. Emakhazeni Local Municipality: Water Supply and Sanitation Services By-law. Published in PG 2708 Notice Number 61 dated 1 July 2016.

26. Emakhazeni Local Municipality: Heritage Resources and Cultural Institutions By-law. Published in PG 2708 Notice Number 63 dated 1 July 2016.

27. Emakhazeni Local Municipality: Fences and Fencing By-law. Published in PG 2708 Notice Number 64 dated 1 July 2016.

28. Emakhazeni Local Municipality: Waste Management By-law. Published in PG 2708 Notice Number 66 dated 1 July 2016.

29. Emakhazeni Local Municipality: Nuisances and Offensive Conditions By-law. Published in PG 2708 Notice Number 67 dated 1 July 2016.

30. Mbombela Local Municipality: Solid Waste Management By-law. Published in PG 2714 Notice Number 24 dated 22 July 2016.

Western Cape Province

31. Bergrivier Municipality: Repeal of House Shops By-law. Published in PG 7641 dated 1 July 2016.

32. Swartland Municipality: By-law relating to Boundary Walls and Fences and Parking Management by-law. Published in PG 7638 dated 24 June 2016.

33. City of Cape Town: Integrated Waste Management Amendment By-law. Published in PG 7646 Notice Number 272 dated 30 June 2016.

34. City of Cape Town: Municipal Planning Amendment By-law. Published in PG 7647 dated 1 July 2016.

35. Central Karoo District Municipality: extension of declaration of local state of disaster. Published in PG 7654 dated 22 July 2016.

KwaZulu-Natal Province

36. Extension of the declaration of a provincial state of disaster. Published in PG 1700 Notice Number 129 dated 7 July 2016.

Eastern Cape Province

37. Extension of the declared local state of organic pollution disaster. Published in PG 3707 Notice Number 163 dated 15 July 2016.

38. The Buffalo City Metropolitan Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3709 Notice Number 62 dated 18 July 2016.

North West Province

39. Determination of the effective date of the coming into operation of the North West Parks Board. Published in PG 7671 Notice Number 33 dated 19 July 2016.

40. Determination of the effective date of the coming into operation of the North West Tourism Board. Published in PG 7671 Notice Number 34 dated 19 July 2016.

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

Western Cape Province

41. Draft Breede River Estuarine Management Plan. Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in PG 7653 Notice Number 288 dated 20 July 2016.

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 August 2016):

1. National Forests Amendment Bill (B11 of 2016)
2. National Land Transport Amendment Bill (B7 of 2016)
3. Plant Improvement Bill (B8 of 2015)
4. Plant Breeders Rights Bill (B11 of 2015)
5. 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