SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

1. Amendment of the Environmental Impact Assessment Regulations 2014. Published in GG 40772 Notice Number 326 dated 7 April 2017.

2. Amendment of the Environmental Impact Assessment Regulations 2014 Listing Notice 1. Published in GG 40772 Notice Number 327 dated 7 April 2017.

3. Amendment of the Environmental Impact Assessment Regulations 2014 Listing Notice 2. Published in GG 40772 Notice Number 325 dated 7 April 2017.

4. Amendment of the Environmental Impact Assessment Regulations 2014 Listing Notice 3. Published in GG 40772 Notice Number 324 dated 7 April 2017.

National Environmental Management: Biodiversity Act 10 of 2004

5. Biodiversity Management Plan for 11 critically endangered and 4 endangered Encephalartors Cycad species. Published in GG 40815 Notice Number 315 dated 28 April 2017.

National Forest Act 84 of 1998

6. Declaration of the Olifants River Water Resources Development Project Offsite Mitigation Area as a temporary protected woodland. Published in GG 40815 Notice Number 385 dated 28 April 2017.

Merchant Shipping (International Oil Pollution Compensation Fund) Contributions Act 36 of 2003

7. Determination of rate of levy for 2015 tax period and payment date. Published in GG 40813 Notice Number 383 dated 28 April 2017.

Statistics South Africa

8. Consumer Price Index (CPI) for February 2017. Published in GG 40772 Notice Number 287 dated 7 April 2017.

Promotion of Access to Information Act 2 of 2000

9. Description submitted in terms of section 15(1) of the Act: uMhlathuze Municipality. Published in GG 40785 Notice Number 354 dated 13 April 2017.

Broad-Based Black Economic Empowerment Act 53 of 2003

10. Codes of Good Practice on Black Economic Empowerment: Amended Forest Sector Codes. Published in GG 40803 Notice Number 378 dated 21 April 2017.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Occupational Health and Safety Act 85 of 1993

11. Defence Force Service Commission recommendations on conditions of service and policies in respect of conditions of service. Published in GG 40772 Notice Number 322 dated 7 April 2017.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

12. Increase in salary ceiling and compensation benefits. Published in GG 40782 Notice Number 349 dated 10 April 2017.

Employment Equity Act 55 of 1998

13. Code of Good Practice on the Preparation, Implementation and Monitoring of the Employment Equity Plan. Published in GG 40817 Notice Number 393 dated 28 April 2017.

Health Professions Act 56 of 1974

14. Regulations relating to the registration of audiology students. Published in GG 40772 Notice Number 329 dated 7 April 2017.

15. Amendment to the regulations relating to the qualifications for registration of dental assistants. Published in GG 40772 Notice Number 332 dated 7 April 2017.

National Health Act 61 of 2003

16. Amendment to the regulations relating to the general control of human bodies, tissue, blood products and gametes. Published in GG 40816 Notice Number 392 dated 26 April 2017.

Health Professions Act 56 of 1974, Pharmacy Act 66 of 1974 and Nursing Act 33of 2005

17. Addendum to the list of approved facilities for the purposes of performing community service by environmental health practitioners. Published in GG 40807 Notice Number 380 dated 24 April 2017.

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

National Environmental Management Act 107 of 1998

18. Draft procedure to be followed in applying for an Environmental Authorisation for large scale wind and solar photovoltaic developments. Members of the public are invited to submit written comments within 30 days after the publication of this notice. Published in GG 40785 Notice Number 350 dated 13 April 2017.

19. Notice of intention to adopt the Gauteng Provincial Environmental Management Framework (GPEMF) Standards and Exclusion of Activities. Interested and affected parties are invited to submit written comments within 30 days of the publication of this notice. Published in GG 40785 Notice Number 351 dated 13 April 2017.

National Water Act 36 of 1998

20. Proposed reserve determination of water resources for the Olifants-Doorn Catchments. Interested persons are invited to submit written comments within 60 days from the date of publication of this notice. Published in GG 40785 Notice Number 356 dated 13 April 2017.

Department of Rural Development and Land Reform

21. Regulation of Agricultural Land Holdings Bill 2017: extension of public comment period: members of the public are invited to submit written comments within 60 calendar days of the publication of this notice. Published in GG 40787 Notice Number 301 dated 13 April 2017.

Standards Act 2 of 2008

22. Proposed National Norm for the Development of South African National Standards. Draft published for public comment in GG 40793 Notice Number 307 dated 21 April 2017.

National Research Foundation Act 23 of 1998

23. Notice of intention to declare the South African Radio Astronomy Observatory as a national facility. Interested or affected persons and the public are invited to submit written comments within 60 days from the date of publication of this notice. Published in GG 40793 Notice Number 367 dated 21 April 2017.

24. Notice of intention to withdraw the Declaration of the Hartebeesthoek Radio Astronomy Observatory as a national facility. Interested or affected persons and the public are invited to submit written comments within 60 days from the date of publication of this notice. Published in GG 40793 Notice Number 368 dated 21 April 2017.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

25. Proposed amendment to the regulations governing the maximum limits of pesticide residues that may be present in foodstuffs. Interested persons are invited to submit written comments within 3 months of the publication of this notice. Published in GG 40772 Notice Number 334 dated 7 April 2017.

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

Gauteng Province

26. National Heritage Resources Act 25 of 1999: provisional protection of properties as Provincial Heritage Resources. Published in PG 87 Notice Number 305 dated 5 April 2017.

27. National Heritage Resources Act 25 of 1999: provisional protection of properties as Provincial Heritage Resources. Published in PG 97 Notice Number 352 dated 19 April 2017.

28. Nature Conservation Ordinance 12 of 1983: Open season: ordinary game. Published in PG 98 Notice Number 272 dated 19 April 2017.

29. City of Johannesburg Metropolitan Municipality: Treated Effluent By-law. Published in PG102 Notice Number 365 dated 26 April 2017.

Limpopo Province

30. Limpopo Environmental Management Act 7 of 2003: open season to hunt game. Published in PG 2801 Notice Number 46 dated 7 April 2017.

Mpumalanga Province

31. Ehlanzeni District Municipality:  Municipal Health By-law. Published in PG 2801 Notice Number 33 dated 14 April 2017.

32. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Greater Lakenvlei Protected Environment. Published in PG 2800 Notice Number 30 dated 7 April 2017.

33. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the nature reserves. Published in PG 2800 Notice Number 31 dated 7 April 2017.

34. Dr Pixley ka Isaka Seme Local Municipality: Electricity Supply By-law. Published in PG 2800 Notice Number 33 dated 7 April 2017.

35. Dr Pixley ka Isaka Seme Local Municipality: Cemeteries, Crematoria and Funeral Undertakers By-law. Published in PG 2800 Notice Number 34 dated 7 April 2017.

Northern Cape Province

36. Kgatelopele Local Municipality by-laws. Published in PG 2088 Notice Number 11 dated 17 April 2017.
a. Advertising signs by-law.
b. Electricity by-law.
c. Street trading by-law.
d. Refuse (solid waste) and sanitary by-law.
e. Public amenities by-law.
f. Prohibition and control over the discharge of fireworks by-law.

Eastern Cape Province

37. Disaster Management Act 57 of 2002: Declaration of a local state of disaster: Joe Gqabi District Municipality. Published in PG 3828 Notice Number 69 dated 21 April 2017.

38. Mbizana Local Municipality: Disposal of contaminated and/or infectious waste by-law. Published in PG 3830 Notice Number 49 dated 24 April 2017.

39. Mbizana Local Municipality: Noise abatement and prevention of nuisances by-law. Published in PG 3830 Notice Number 57 dated 24 April 2017.

40. Mbizana Local Municipality: By-law relating to the control of temporary advertisements. Published in PG 3830 Notice Number 58 dated 24 April 2017.

41. Mbizana Local Municipality: By-law relating to unsightly and neglected buildings and premises. Published in PG 3830 Notice Number 59 dated 24 April 2017.

Western Cape Province

42. City of Cape Town Metropolitan Municipality: Disaster Management Act 57 of 2002: Declaration of a local state of disaster. Published in PG 7760 dated 21 April 2017.

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

Western Cape Province

43. Western Cape Nature Conservation Board: intention to declare nature reserves. Members of the public are invited to submit written comments within 60 days from the date of publication of this notice. Published in PG 7755 Notice Number 86 dated 7 April 2017.

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 4 April 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