SECTION A:  ENVIRONMENTAL (NATIONAL)

Marine Living Resources Amendment Act 5 of 2014

1. Commencement date of the Amendment Act is 8 March 2016. Published in GG 39790 Notice Number 12 dated 8 March 2016.

Marine Living Resources Act 18 of 1998

2. Regulations relating to small-scale fishing. Published in GG 39790 Notice Number 229 dated 8 March 2016.

National Environmental Management: Air Quality Act 39 of 2004

3. Regulations prescribing the atmospheric emission licence processing fee. Published in GG 39805 Notice Number 250 dated 11 March 2016.

4. Regulations for the procedure and criteria to be followed in the determination of an administrative fine in terms of section 22A of the Act. Published in GG 39833 Notice Number 332 dated 18 March 2016.

National Environmental Management Act 107 of 1998

5. Air Quality Offsets Guideline. Published in GG 39833 Notice Number 333 dated 18 March 2016.

6. Department of Energy: 3rd Edition Environmental Management Plan (2015 – 2020). Published in GG 39816 Notice Number 255 dated 16 March 2016.

National Environmental Management: Protected Areas Act 57 of 2003

7. Norms and Standards for the Management of Protected Areas in South Africa. Published in GG 39878 Notice Number 382 dated 31 March 2016.

8. Declaration of land as the Mountain Zebra – Camdeboo Protected Environment. Published in GG 39891 Notice Number 14 dated 1 April 2016.

9. Regulations for the Mountain Zebra – Camdeboo Protected Environment. Published in GG 39891 Notice Number 15 dated 1 April 2016.

National Environmental Management: Biodiversity Act 10 of 2004

10. Biodiversity Management Plan for the Clanwilliam Sandfish (Labeo Seeberi). Published in GG 39899 Notice Number 406 dated 1 April 2016.

National Heritage Resources Act 25 of 1999

11. Declaration of heritage resources as National Heritage Sites. Published in GG 39823 Notice Number 260 dated 18 March 2016.

12. Declaration of the grave of Dr James Moroka and Mr Thomas Mapikela as National Heritage Sites. Published in GG 39860 Notice Number 366 dated 24 March 2016.

National Water Act 36 of 1998

13. Pongola-Mzimkhulu Water Management Area: Limiting the use of water for irrigation, domestic and industrial purposes from various dams and river systems. Published in GG 39860 Notice Number 369 dated 24 March 2016.

Promotion of Access to Information Act 2 of 2002

14. Manual: KwaZulu-Natal Department of Agriculture and Rural Development. Published in GG 39766 dated 1 March 2016.

15. Manual: Limpopo Provincial Department of Agriculture and Rural Development. Published in GG 39791 dated 9 March 2016.

Broad-Based Black Economic Empowerment Amendment Act 53 of 2003

16. Code of Good Practice for the Marketing, Advertising and Communication Sector Code. Published in GG 39887 Notice Number 387 dated 1 April 2016.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Occupational Health and Safety Act 85 of 1993

17. Amendment to the schedule in the Lift, Escalator and Passenger Conveyor Regulations 2010. Published in GG 39817 Notice Number 256 dated 16 March 2016.

Medicines and Related Substances Act 101 of 1965

18. Updating of schedules on the recommendation of the Medicines Control Council. Published in GG 39815 Notice Number 254 dated 15 March 2016.

Compensation for Occupational Injuries and Diseases Act 130 of `993

19. Annual increase in medical tariffs for medical service providers: Renal Care. Published in GG 39853 Notice Number 144 dated 23 March 2016.

20. Annual increase in medical tariffs for medical service providers: Wound Care. Published in GG 39852 Notice Number 143 dated 23 March 2016.

21. Annual increase in medical tariffs for medical service providers: Physiotherapist. Published in GG 39851 Notice Number 142 dated 23 March 2016.

22. Annual increase in medical tariffs for medical service providers: Blood Services. Published in GG 39850 Notice Number 141 dated 23 March 2016.

23. Annual increase in medical tariffs for medical service providers: Social Workers Psychologist. Published in GG 39849 Notice Number 140 dated 23 March 2016.

24. Annual increase in medical tariffs for medical service providers: Hospital. Published in GG 39848 Notice Number 139 dated 23 March 2016.

25. Annual increase in medical tariffs for medical service providers: Fees for Medical Aid. Published in GG 39858 Notice Number 146 and 147 dated 24 March 2016.

26. Annual increase in medical tariffs for medical service providers: Dental Gazette 2016. Published in GG 39882 Notice Number 161 dated 31 March 2016.

27. Annual increase in medical tariffs for medical service providers: Orthotic and Prosthetic Supply Gazette. Published in GG 39890 Notice Number 185 dated 31 March 2016.

28. Annual increase in medical tariffs for medical service providers: Hospital Gazette 2016. Published in GG 39884 Notice Number 162 dated 31 March 2016.

Standards Act 8 of 2008

29. Issue of new SANS Standards. Published in GG 39781 Notice Number 95 dated 4 March 2016.

The Sugar Industry Agreement 2000

30. The South African Sugar Association has published the varieties of sugarcane. Published in GG 39895 Notice Number 405 dated 1 April 2016.

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

31. Amendment to the regulations relating to the registration of fertilizers, farm feeds, agricultural remedies, stock remedies, sterilizing plants and pesto control operators, appeals and imports. Published in GG 39862 Notice Number 372 dated 29 March 2016.

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

Water Services Act 108 of 2997

32. Extension of comment period for the proposed Norms and Standards for water services tariffs and the pricing strategy for water use charges as published on 13 November 2015. The due date for submitting comments is now 31 March 2016. Published in GG 39781 Notice Number 96 dated 4 March 2016.

Marine Spatial Planning Bill 2016

33. The Bill has been published for public comment. Any person who wishes to submit written comments is invited to do so within 60 days from the date of publication in the government gazette. Published in GG 39847 Notice Number 347 dated 24 March 2016.

National Regulator for Compulsory Specifications Act 5 of 2008

34. Proposed amendment to the Compulsory Specification for Pheumatic Tyres for commercial use and their trailers. All interested persons are invited to submit written comments on or before the date 2 months after the publication of this notice. Published in GG 39771 Notice Number 214 and 215 dated 3 March 2016.

35. Proposed amendment to the Compulsory Specification for Live Lobsters. All interested persons are invited to submit written comments on or before the date 2 months after the publication of this notice. Published in GG 39771 Notice Number 213 dated 3 March 2016.

36. Proposed amendment to the Compulsory Specification for Hot Water Storage Tanks for Domestic Use. All interested persons are invited to submit written comments on or before the date 2 months after the publication of this notice. Published in GG 39771 Notice Number 212 dated 3 March 2016.

37. Proposed amendments to the Compulsory Specification for the safety of flexible cords for electrical appliances. All interested persons are invited to submit written comments on or before the date 2 months after the publication of this notice. Published in GG 39796 Notice Number 231 dated 10 March 2016.

38. Proposed amendments to the Compulsory Specification for electric motor-operated hand-held tools, transportable tools and lawn and garden machinery. All interested persons are invited to submit written comments on or before the date 2 months after the publication of this notice. Published in GG 39796 Notice Number 232 dated 10 March 2016.

Special Economic Zones Act 16 of 2014

39. Intention to designate the South African Energy and Metallurgical Special Economic Zone in Musina/Makhado in the province of Limpopo. Interested parties are invited to submit written comments within 30 days from the date of publication of this notice. Published in GG 39808 Notice Number 116 dated 11 March 2016.

Spatial Data Infrastructure Act 54 of 2003

40. Draft National Standards on Land Cover Classes and Definitions. All interested persons are invited to submit written comments within 60 days of publication of this notice. Published in GG 39860 Notice Number 148 dated 24 March 2016.

South African Weather Service Act 8 of 2001

41. Draft regulations regarding the fees for the provision of aviation meteorological services. 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 39772 Notice Number 216 dated 3 March 2016.

Legal Metrology Act 9 of 2014

42. Draft regulations. Interested persons are invited to submit written comments within 60 days from the date of publication of this notice. Published in GG 39832 Notice Number 331 dated 18 March 2016.

National Land Transport Amendment Bill 2015

43. Notice of intention to introduce the Bill into Parliament. Published in GG 39798 Notice Number 233 dated 10 March 2016.

Broad-Based Black Economic Empowerment Amendment Act 53 of 2003

44. Draft Amended Financial Services Sector Code. Interested parties are invited to submit written comments within 60 days from the date of this publication. Published in GG 39818 Notice Number 257 dated 17 March 2016.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

45. Proposed regulations relating to the fortification of certain foodstuffs. Interested persons are invited to submit written comments within 3 months from the date of publication of this notice. Published in GG 39776 Notice Number 217 dated 3 March 2016.

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

Gauteng Province

46. City of Tshwane Metropolitan Municipality: Land Use Management By-law. Published in PG 72 Notice Number 327 dated 3 March 2016.

47. City of Tshwane Metropolitan Municipality: Fire Brigade Service By-law. Published in PG 83 Notice Number 396 dated 9 March 2016.

48. National Environmental Management: Waste Act 59 of 2008: List of registered persons in terms of the Gauteng Waste Information Regulations 2004. Published in PG 88 Notice Number 353 dated 15 March 2016.

49. Disaster Management Act 57 of 2002: extension of declaration of local state of disaster. Published in PG 86 Notice Number 398 dated 11 March 2016.

50. Ekurhuleni Metropolitan Municipality: Ombudsman By-law. Published in PG 105 Notice Number 470 dated 30 March 2016.

North-West Province

51. City of Matlosana: Spatial Planning and Land Use Management By-law. Published in PG 7622 Notice Number 31 dated 3 March 2016.

52. Tlokwe City Council: Spatial Planning and Land Use Management By-law. Published in PG 7629 Notice Number 36 dated 22 March 2016.

53. Ventersdorp: Spatial Planning and Land Use Management By-law. Published in PG 7629 Notice Number 71 dated 22 March 2016.

54. Kgetlengrivier Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 7630 Notice Number 72 dated 22 March 2016.

55. Moretele Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 7627 Notice Number 63 dated 22 March 2016.

56. The Greater Taung Municipality: Spatial Planning and Land Use Management By-law. Published in PG 7627 Notice Number 64 dated 22 March 2016.

57. National Environmental Management: Protected Areas Act 57 of 2003: Establishment of the Molopo Oog Nature Reserve. Published in PG 7624 Notice Number 38 dated 11 March 2016.

58. National Environmental Management: Protected Areas Act 57 of 2003: Establishment of the Marico Protected Environment. Published in PG 7624 Notice Number 37 dated 11 March 2016.

59. National Environmental Management: Protected Areas Act 57 of 2003: Establishment of the Rietspruit Rusoord Nature Reserve. Published in PG 7624 Notice Number 36 dated 11 March 2016.

60. Nature Conservation Ordinance 12 of 1983: Correction notice: North-West Hunting Regulations 2016. PG 7607 of 3 February 2016 is withdrawn and replaced with PG 7631 Notice Number 41 dated 23 March 2016. 

Eastern Cape Province

61. Joe Gqabi District Municipality: Extension of the declared local state of organic pollution disaster. Published in PG 3606 Notice Number 23 dated 4 March 2016.

62. Joe Gqabi District Municipality: Extension of the declared local state of drought disaster. Published in PG 3606 Notice Number 22 dated 4 March 2016.

63. National Environmental Management: Protected Areas Act 57 of 2003: Declaration notice: nature reserves and protected environments. Published in PG 3607 Notice Number 24 dated 4 March 2016.

64. Camdeboo Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3608 Notice Number 18 dated 4 March 2016.

65. Kouga Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3609 Notice Number 19 dated 4 March 2016.

66. Greater Kei Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3610 Notice Number 20 dated 4 March 2016.

67. Matatiele Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3611 Notice Number 21 dated 4 March 2016.

68. Intsika Yethu Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3612 Notice Number 22 dated 4 March 2016.

69. Ndlambe Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3613 Notice Number 23 dated 4 March 2016.

70. Mbizana Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3614 Notice Number 24 dated 4 March 2016.

71. Mbhashe Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3615 Notice Number 25 dated 4 March 2016.

72. Engcobo Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3616 Notice Number 26 dated 4 March 2016.

73. Inxuba Yethemba Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3617 Notice Number 27 dated 4 March 2016.

74. Amahlathi Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3619 Notice Number 28 dated 4 March 2016.

75. Nxuba Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3631 Notice Number 31 dated 24 March 2016.

76. Lukhanji Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3632 Notice Number 32 dated 24 March 2016.

77. Ingquza Hill Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3633 Notice Number 33 dated 24 March 2016.

78. Kou-Kamma Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3634 Notice Number 34 dated 24 March 2016.

79. Sundays River Valley Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3635 Notice Number 35 dated 24 March 2016.

80. Makana Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3636 Notice Number 36 dated 24 March 2016.

81. Emalahleni Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3637 Notice Number 37 dated 24 March 2016.

82. Sakhisizwe Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3638 Notice Number 38 dated 24 March 2016.

83. Ngqushwa Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3639 Notice Number 39 dated 24 March 2016.

84. Elundini Local Municipality: Advertising Signs and Disfigurement of the Frontages of Streets By-law.  Published in PG 3643 Notice Number 42 dated 29 March 2016.

85. Elundini Local Municipality: Building Control By-law.  Published in PG 3643 Notice Number 44 dated 29 March 2016.

86. Elundini Local Municipality: Cemeteries By-law.  Published in PG 3643 Notice Number 45 dated 29 March 2016.

87. Elundini Local Municipality: Fire Safety By-law.  Published in PG 3643 Notice Number 46 dated 29 March 2016.

Free-State Province

88. Declaration of a provincial state of disaster for purpose of the drought. Published in PG 157 Notice Number 214 dated 4 March 2016.

89. Free-State Standard Business Regulations By-law. Published in PG 163 Notice Number 228 dated 18 March 2016.

90. Nketoana Local Municipality: Municipal Land Use Planning By-law. Published in PG 164 Notice Number 229 dated 24 March 2016.

91. Tokologo Local Municipality: Municipal Land Use Planning By-law. Published in PG 162 Notice Number 227 dated 18 March 2016.

KwaZulu-Natal Province

92. Extension of the declaration of a provincial state of disaster. Published in PG 1634 Notice Number 63 dated 8 March 2016.

93. Ezinqoleni Municipality: Municipal Planning and Land Use Management By-law. Published in PG 1622 Notice Number 27 dated 4 March 2016.

94. Dannhauser Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1624 Notice Number 29 dated 4 March 2016.

95. Nquthu Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1627 Notice Number 32 dated 4 March 2016.

96. Umzimkhulu Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1628 Notice Number 33 dated 4 March 2016.

97. Nongoma Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1629 Notice Number 34 dated 4 March 2016.

98. Kwadukuza Municipality: Spatial Planning and Land Use Management By-law (replacement of the by-law published PG 1619 of 26 February 2016). Published in PG 1630 Notice Number 35 dated 4 March 2016.

99. Ndwedwe Local Municipality: Spatial Planning and Land Use Management By-law (replacement of the by-law published PG 1619 of 26 February 2016). Published in PG 1631 Notice Number 36 dated 4 March 2016.

100. Ubuhlebezwe Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1632 Notice Number 37 dated 4 March 2016.

101. Kwasani Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1633 Notice Number 38 dated 4 March 2016.

102. Umdoni Local Municipality: Amendment to the Spatial Planning and Land Use Management By-law. Published in PG 1623 Notice Number 28 dated 4 March 2016.

103. Commencement date of the Endumeni Spatial Planning and Land Use Management By-law is 1 March 2016. Published in PG 1625 Notice Number 30 dated 4 March 2016.

104. Amendment to the Umzumbe Spatial Planning and Land Use Management By-law. Published in PG 1626 Notice Number 31 dated 4 March 2016.

Limpopo Province

105. Thabazimbi Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2681 Notice Number 27 dated 4 March 2016.

106. Fetakgomo Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2682 Notice Number 28 dated 4 March 2016.

107. Limpopo Environmental Management Act 7 of 2003: Open Season to Hunt Game. Published in PG 2694 Notice Number 31 dated 23 March 2016.

Northern Cape Province

108. Spatial Planning and Land Use Management Guideline By-law. Amended for the Nama Khoi Municipality. Published in PG 1994 Notice Number 24 dated 4 March 2016 and PG 2000 Notice Number 27 dated 29 March 2016.

Western Cape Province

109. Commencement of the Western Cape Land Use Planning Act 3 of 2014 in certain municipal areas. Published in PG 7586 Notice Number 5 dated 15 March 2016.

110. Drakenstein Local Municipality: Integrated Waste Management By-law. Published in PG 7581 dated 11 March 2016.

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

KwaZulu-Natal Province

111. Notice of intention to re-declare certain nature reserves, designate a wilderness area and declare a new nature reserve. Members of the public are invited to submit written comments within 60 days of its publication. Published in PG 1621 Notice Number 6 dated 3 March 2016. 

112. Publication of Standard Draft By-laws: 1. Liquor Trading By-law, 2. Child Care Facilities By-Law, 3. Nuisances and behaviour in public places By-law, 4. Municipal Transport By-law, 5. Municipal Parks and Recreational Grounds By-law, 6. Municipal Premises and Facilities By-law, 7. Beaches By-law, 8. Uniform Standing Procedure (Addendum to Standing Rules and Orders), 9. Water Supply By-law, 10. Waste Removal By-law, 11. Sewerage By-law, 12. Advertising By-law, 13. Fire By-law, 14. Environmental Health By-law. Interested parties are invited to submit written comments by no later than 30 days after the publication hereof. Published in PG 1647 Notice Number 72 dated 31 March 2016.

Eastern Cape Province

113. Eastern Cape Consumer Protection Bill 2016. Any person who wishes to comment on the Bill must do so in writing within 30 days of publication hereof. Published in PG 3618 Notice Number 25 dated 4 March 2016.

Gauteng Province

114. Tourism Act 3 of 2014: draft regulations for tourist guiding. Interested parties are invited to submit written comments within 60 days of publication of the notice in the gazette. Published in PG 89 Notice Number 354 dated 15 March 2016.

115. Merafong Municipality: draft Spatial Development Framework. All interested and affected parties are invited to submit written comments for a period of 60 days from this publication. Published in PG 100 Notice Number 452 dated 23 March 2016.

116. Proposed exclusions and minimum standards for listed activities to be excluded from the requirement to obtain environmental authorisation. Members of the public are invited to submit written comments within 30 days of publication of this notice. Published in PG 113 Notice Number 253 dated 30 March 2016.

117. Ekurhuleni Metropolitan Municipality: Draft by-law on Billboards and the Display of Advertisements. Any person may submit written comments by no later than 3 May 2016. Published in PG 114 Notice Number 509 dated 30 March 2016.

Northern Cape Province

118. John Taolo Gaetsewe District Municipality: District Spatial Framework Development Review. All communities and stakeholders are encouraged to participate in the consultation processes that will be provided during the review process. Published in PG 1998 Notice Number 4 dated 18 March 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 5 April 2016):

1. Plant Improvement Bill (B8 of 2015)
2. Plant Breeders Rights Bill (B11 of 2015)
3. 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