SECTION A:  ENVIRONMENTAL (NATIONAL)

Electricity Regulation Act 4 of 2006

1. Determination under section 34(1) of the Act: Nuclear Programme. Published in GG 40494 Notice Number 1557 dated 14 December 2016.

National Water Act 36 of 1998

2. Classes of water resources and resource quality objectives for the catchments of the Inkomati. Published in GG 40531 Notice Number 1616 dated 30 December 2016.

3. Classes of water resources and resource quality objectives for the Letaba Catchment. Published in GG 40531 Notice Number 1617 dated 30 December 2016.

4. Limiting the use of groundwater for irrigation purposes in the Ventersdorp Eye Subterranean Government Water Control Area. Published in GG 40515 Notice Number 1594 dated 23 December 2016.

National Heritage Resources Act 25 of 1998

5. Declaration of the Mendi Memorial as a National Heritage Site. Published in GG 40526 Notice Number 1605 dated 30 December 2016.

6. Declaration of the Sharpville Massacre sites as a National Heritage Site. Published in GG 40526 Notice Number 1606 dated 30 December 2016.

National Forest Act 84 of 1998

7. Notice of the list of protected tree species. Published in GG 40521 Notice Number 1602 dated 23 December 2016.

National Environmental Management: Protected Areas Act 57 of 2003

8. Declaration of the Tsitsikamma National Marine Protected Area. Published in GG 40510 Notice Number 1578 dated 19 December 2016.

9. Regulations for the management of the Tsitsikamma National Marine Protected Area. Published in GG 40511 Notice Number 1579 dated 19 December 2016.

The South African National Roads Agency Limited and National Roads Act 7 of 1998

10. Gauteng Freeway Improvement Project: Toll Roads: Exemptions from the payment of toll levies. Published in GG 40508 Notice Number 1576 dated 19 December 2016.

Statistics South Africa

11. Consumer Price Index (CPI) for November 2016. Published in GG 40515 Notice Number 951 dated 23 December 2016.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Compensation for Occupational Injuries and Diseases Act 130 of 1993

12. Increase of maximum amount of earnings on which the assessment of an employer shall be calculated. Published in GG 40509 Notice Number 1577 dated 19 December 2016.

Medicines and Relates Substances Act 101 of 1965

13. Regulations relating to medical devices and In Vitro Diagnostic Medical Devices. Published in GG 40480 Notice Number 1515 dated 9 December 2016.

14. Annual adjustment of the Single Exit Price of Medicines and Scheduled Substances for the year 2017. Published in GG 40515 Notice Number 1588 dated 23 December 2016.

15. Amendment to the regulations relating to a transparent pricing system for medicines and scheduled substances. Published in GG 40515 Notice Number 1589 dated 23 December 2016.

Standards Act 8 of 2008

16. Issue of new SANS Standards, revision of SANS Standards and cancelled SANS Standards. Published in GG 40515 Notice Number 952 dated 23 December 2016.

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

National Environmental Management: Waste Act 59 of 2008

17. Notice of intention to require any person or category of persons who transport waste for gain to register with the Department. Members of the public are invited to submit written comments within 30 days of publication of this notice in the gazette. Published in GG 40490 Notice Number 1555 dated 12 December 2016.

18. Proposed amendments to the National Waste Information Regulations. Members of the public are invited to submit written comments within 30 days of publication of this notice in the gazette. Published in GG 40490 Notice Number 1556 dated 12 December 2016.

Department of Energy

19. Draft Post-2015 National Energy Efficiency Strategy. Interested persons and organisations are invited to submit written comments within 30 days. Published in GG 40515 Notice Number 948 dated 23 December 2016.

Fire Brigade Services Act 99 of 1987

20. Draft White Paper on Fire Services. Interested parties are invited to submit written comments on or before 28 February 2017. Published in GG 40515 Notice Number 946 dated 23 December 2016.

Civil Aviation Act 13 of 2009

21. Proposed amendments to parts of the Civil Aviation Regulations 2011. Interested persons are invited to submit written comments on or before 9 January 2017. Published in in GG 40471 Notice Number 1494 dated 2 December 2016.

South African National Roads Agency Limited and National Roads Amendment Bill 2016

22. Notice of intention to introduce the Bill into Parliament. Interested parties and institutions are invited to submit written comments within 45 days of the publication of this notice. Published in 40500 Notice Number 944 dated 15 December 2016.

National Health Act 61 of 2003

23. Proposed norms and standards regulations applicable to different categories of health establishments. Interested persons are invited to submit written comments within 3 months from the date of publication of this notice. Published in GG 40539 Notice Number 10 dated 4 January 2017.

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

24. Proposed regulations relating to fertilizers. Interested institutions, organisations and persons are invited to submit written comments within 4 weeks from date of publication. Published in GG 40498 Notice Number 1567 dated 15 December 2016.

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

Gauteng Province

25. Declaration of a provincial state of disaster. Published in PG 392 Notice Number 1597 dated 1 December 2016.

26. Gauteng Scrutiny of Subordinate Legislation Act 5 of 2008: Index of subordinate legislation, regulations, proclamations and notices for 2016. Published in PG 403 Notice Number 1602 dated 14 December 2016.

KwaZulu-Natal Province

27. Extension of the declaration of a provincial state of disaster. Published in PG 1765 Notice Number 206 dated 1 December 2016.

28. eThekwini Metropolitan Municipality: Sewage Disposal By-law. Published in PG 1763 Notice Number 129 dated 1 December 2016.

Limpopo Province

29. Polokwane Local Municipality: Street Trading By-law. Published in PG 2771 Notice Number 185 dated 2 December 2016.

Western Cape Province

30. Laingsburg Municipality: Section 14 Manual in terms of the Promotion of Access to Information Act 2 of 2000. Published in PG 7707 dated 28 November 2016.

31. Western Cape Nature Conservation Board: Hunting seasons, daily bag limits and hunting by the use of prohibited hunting methods. Published in PG 7707 Notice Number 425 dated 28 November 2016.

Mpumalanga Province

32. Emalahleni Local Municipality: Air Quality Management By-law. Published in PG 2760 Notice Number 109 dated 9 December 2016.

Eastern Cape Province

33. National Environmental Management: Integrated Coastal Management Act 24 of 2008: Nahoon Estuarine Management Plan. Published in PG 3777 Notice Number 41 dated 19 December 2016.

34. National Environmental Management: Integrated Coastal Management Act 24 of 2008: Public Launch Sites in the Eastern Cape. Published in PG 3777 Notice Number 42 dated 19 December 2016.

35. National Environmental Management: Integrated Coastal Management Act 24 of 2008: Nelson Mandela Bay Coastal Management Lines. Published in PG 3777 Notice Number 43 dated 19 December 2016.

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

Free-State Province

36. Notice of intention to declare the Seekoeivlei Nature Reserve. Members of the public are invited to submit written comments within 60 days of its publication. Published in PG 96 Notice Number 289 dated 2 December 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 January 2017):

1. National Veld and Forest Fire Amendment Bill (B22 of 2016)
2. National Forests Amendment Bill (B11 of 2016)
3. National Land Transport Amendment Bill (B7 of 2016)
4. Plant Improvement Bill (B8 of 2015)
5. Plant Breeders Rights Bill (B11 of 2015)
6. 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