SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

1. Consolidated Environmental Implementation and Management Plan for the Department of Environmental Affairs. Published in GG 39998 Notice Number 530 dated 19 May 2016.

National Environmental Management: Biodiversity Act 10 of 2004

2. Non-detriment findings for Encephalartos aemulans (Ngotshe Cycad). Published in GG 40021 Notice Number 575 dated 27 May 2016.

National Water Act 36 of 1998

3. Limiting the use of water in terms of the Leeuw River Water Users Association. Published in GG 40021 Notice Number 600 dated 27 May 2016.

National Heritage Resources Act 25 of 1999

4. Declaration of National Heritage Sites. Published in GG 40013 Notice Number 34 dated 25 May 2016.

Electricity Regulation Act 4 of 2006

5. New electricity generation capacity Gas Programme of 100MW at the Ankerlig Power Station. Published in GG 40023 Notice Number 601 dated 27 May 2016.

6. Additional 600MW Natural Gas Programme. Published in GG 40023 Notice Number 602 dated 27 May 2016.

7. Renewable Energy (Solar Park) Programme. Published in GG 40023 Notice Number 603 dated 27 May 2016.

Electricity Act 41 of 1987

8. Licence fees payable by licensed generators of electricity. Published in GG 39985 Notice Number 219 dated 13 May 2016.

The Gas Regulator Levies Act 75 of 2002

9. Levy and interest payable on piped-gas industry. Published in GG 39990 Notice Number 283 dated 17 May 2016.

Petroleum Pipelines Levies Act 28 of 2004

10. Levy and interest payable on petroleum pipelines industry. Published in GG 39990 Notice Number 282 dated 17 May 2016.

Broad-Based Black Economic Empowerment Amendment Act 53 of 2003

11. Codes of Good Practice for the Marketing, Advertising and Communication sector. Published in GG 39971 Notice Number 269 dated 6 May 2016.

Promotion of Access to Information Act 2 of 2000

12. Description submitted in terms of section 15(1): South African Police Services. Published in GG 40001 Notice Number 536 dated 20 May 2016.

Statistics South Africa

13. Consumer Price Index (CPI) for April 2016. Published in GG 40021 Notice Number 304 dated 27 May 2016.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Medicines and Related Substances Act 101 of 1965

14. Preparations containing ibogaine shall be subject to registration as medicines. Published in GG 39970 Notice Number 502 dated 4 May 2016.

15. Exclusion of certain medicines from the operation of certain provisions of the Act. Published in GG 40015 Notice Number 565 dated 25 May 2016.

National Road Traffic Act 93 of 1996

16. Dangerous Goods Training Bodies in terms of the National Road Traffic Regulations 2000. Published in GG 39969 Notice Number 268 dated 4 May 2016.

South African Maritime and Aeronautical Search and Rescue Act 44 of 2002

17. South African Maritime and Aeronautical Search and Rescue Regulations 2016. Published in GG 40025 Notice Number 604 dated 30 May 2016.

Standards Act 8 of 2008

18. Issue of new SANS Standards. Published in GG 40001 Notice Number 295 dated 20 May 2016.

Marketing of Agricultural Products Act 47 of 1996

19. Continuation of statutory measure-records and returns by brokers, traders or wool buyers, processors, importers and exporters of wool. Published in GG 39985 Notice Number 517 dated 13 May 2016.

20. Continuation of statutory measure-registration of producers and persons dealing with wool in the course of trade. Published in GG 39986 Notice Number 518 dated 13 May 2016.

Agricultural Product Standards Act 119 of 1990

21. Prohibition regarding the removal of imported regulated agricultural products intended for sale in the Republic of South Africa from the prescribed ports of entry. Published in GG 40021 Notice Number 570 dated 27 May 2016.

22. Regulations relating to the grading, packing and marking of pears destined for sale in the Republic of South Africa. Published in GG 40014 Notice Number 587 dated 27 May 2016.

23. Regulations relating to the grading, packing and marking of table grapes destined for sale in the Republic of South Africa. Published in GG 40014 Notice Number 588 dated 27 May 2016.

24. Regulations relating to the grading, packing and marking of table olives destined for sale in the Republic of South Africa. Published in GG 40014 Notice Number 589 dated 27 May 2016.

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

National Environmental Management Act 107 of 1998

25. Proposed adoption of standards for land-based abalone aquaculture. Members of the public are invited to submit written comments within 30 days of the publication of this notice in the gazette. Published in GG 39971 Notice Number 503 dated 6 May 2016.

26. Proposed activities identified in terms of section 24(2)(d) that may be excluded from the requirement to obtain an environmental authorisation but which activities must comply with standards for land-based abalone aquaculture. Members of the public are invited to submit written comments within 30 days of the publication of this notice in the gazette. Published in GG 39971 Notice Number 504 dated 6 May 2016.

27. Proposed amendments to the regulations relating to qualification criteria, training and identification of, and forms to be used by, environmental management inspectors. 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 39985 Notice Number 520 dated 13 May 2016.

Critical Infrastructure Protection Bill 2016

28. The Bill has been published for public comments. Members of the public are invited to submit written comments by no later than 15 June 2016. Published in GG 39985 Notice Number 276 dated 13 May 2016.

National Energy Regulator Act 40 of 2004

29. Notice in terms of the public hearings on the Multi Year Price Determination (MYPD) Methodology. Published in GG 39990 Notice Number 284 dated 17 May 2016.

South African Civil Aviation Authority Levies Act 41 of 1998

30. Proposed amendment of the determination to impose fuel levy on the sale of aviation fuel. Written comments should be submitted on or before 17 June 2016. Published in GG 39993 Notice Number 528 dated 18 May 2016. Also published in GG 39999 Notice Number 531 dated 19 May 2016 whereby written comments should be submitted on or before 19 June 2016.

Broad-Based Black Economic Empowerment Act 53 of 2003

31. B-BBEE Proposed Codes of Good Practice: Industrial Development Corporation Facilitator Status. Interested parties are invited to submit written comments within 30 days from the date of this publication. Published in GG 39997 Notice Number 286 dated 19 May 2016.

Department of Trade and Industry

32. Proposed African Exploration Mining and Finance Corporation Broad-Based Black Economic Empowerment Facilitator Status. Interested parties are invited to submit written comments within 30 days from the date of this publication. Published in GG 40031 Notice Number 308 dated 1 June 2016.

Local Government: Municipal Structures Act 117 of 1998

33. Local Government: Municipal Structures Amendment Bill 2016. Members of the public are invited to submit written comments within 30 calendar days of the date of publication of this notice. Published in GG 40017 Notice Number 568 dated 25 May 2016.

Health Professions Act 56 of 1974

34. Proposed regulations defining the scope of the profession of dental therapists. Interested persons are invited to submit written comments within three months from the date of publication of this notice. Published in GG 39979 Notice Number 512 dated 10 May 2016.

National Health Act 61 of 2003

35. Proposed amendment to the regulations regarding the general control of human bodies, tissue, blood, blood products and gametes. Interested persons are invited to submit written comments within one month from the date of this notice. Published in GG 39982 Notice Number 515 dated 11 May 2016.

Perishable Products Export Control Bill 2015

36. Invitation for public consultations in Port Elizabeth, Durban, Gauteng and Cape Town. Published in GG 39971 Notice Number 269 dated 6 May 2016.

Marketing of Agricultural Products Act 47 of 1996

37. Proposed application for statutory levies on wheat and barley. Invitation for directly affected groups to submit written comments on or before 3 June 2016. Published in GG 40001 Notice Number 288 dated 20 May 2016.

38. Proposed application for the continuation of statutory measures in the Citrus Fruit Industry. Directly affected groups are invited to submit written comments on or before 10 June 2016. Published in GG 40021 Notice Number 299 dated 27 May 2016.

39. Proposed application for a breeding and technology levy on wheat. Directly affected groups in the winter cereal industry are invited to submit written comments on or before 10 June 2016. Published in GG 40021 Notice Number 300 dated 27 May 2016.

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

Eastern Cape Province

40. Disaster Management Act 57 of 2002: extension of declared local state of drought disaster for OR Tambo District Municipality. Published in PG 3659 Notice Number 72 dated 2 May 2016.

41. Disaster Management Act 57 of 2002: extension of declared local state of organic pollution disaster. Published in PG 3663 Notice Number 76 dated 6 May 2016.

42. Disaster Management Act 57 of 2002: extension of declared local state of disaster for the Joe Gqabi District Municipality. Published in PG 3663 Notice Number 75 dated 6 May 2016.

43. Matatiele Local Municipality: Control of public recreational facilities by-law. Published in PG 3666 Notice Number 84 dated 10 May 2016.

44. Matatiele Local Municipality: Environmental by-law. Published in PG 3666 Notice Number 87 dated 10 May 2016.

45. Matatiele Local Municipality: Law Enforcement by-law. Published in PG 3666 Notice Number 88 dated 10 May 2016.

46. Matatiele Local Municipality: Pound by-law. Published in PG 3666 Notice Number 90 dated 10 May 2016.

47. Matatiele Local Municipality: Municipal Commonage by-law. Published in PG 3666 Notice Number 91 dated 10 May 2016.

48. Matatiele Local Municipality: Keeping of animals, birds, bees, pets, poultry by-law. Published in PG 3666 Notice Number 92 dated 10 May 2016.

49. Matatiele Local Municipality: Cemetery and Crematoria by-law. Published in PG 3666 Notice Number 93 dated 10 May 2016.

50. Matatiele Local Municipality: Nuisance by-law. Published in PG 3666 Notice Number 94 dated 10 May 2016.

51. Matatiele Local Municipality: Swimming Pools and Spa Baths by-law. Published in PG 3666 Notice Number 96 dated 10 May 2016.

52. Matatiele Local Municipality: Public Roads by-law. Published in PG 3666 Notice Number 97 dated 10 May 2016.

53. Matatiele Local Municipality: Aerodrome by-law. Published in PG 3670 Notice Number 18 dated 17 May 2016.

54. Matatiele Local Municipality: Electricity by-law. Published in PG 3670 Notice Number 19 dated 17 May 2016.

55. Matatiele Local Municipality: By-law on the management and control of informal settlements. Published in PG 3670 Notice Number 20 dated 17 May 2016.

56. Repeal and replacement of the zoning scheme regulations in the Camdeboo Municipal Area. Published in PG 3672 Notice Number 45 dated 23 May 2016.

57. Nature and Conservation Ordinance 19 of 1974: 2016 Hunting Season and Daily Bag Limits. Published in PG 3676 Notice Number 22 dated 20 May 2016.

58. Intsika Yethu Municipality: Control over buildings by-law. Published in PG 3676 Notice Number 47 dated 30 May 2016.

KwaZulu-Natal Province

59. Disaster Management Act 57 of 2002: extension of declared provincial state of disaster. Published in PG 1665 Notice Number 92 dated 9 May 2016.

60. Disaster Management Act 57 of 2002: extension of declared provincial state of disaster. Published in PG 1680 Notice Number 100 dated 1 June 2016.

61. Endumeni Municipality: Fire Prevention by-law. Published in PG 1672 Notice Number 51 dated 19 May 2016.

62. Endumeni Municipality: Parking by-law. Published in PG 1672 Notice Number 52 dated 19 May 2016.

63. Endumeni Municipality: Refuse removal and disposal by-law. Published in PG 1672 Notice Number 53 dated 19 May 2016.

64. Endumeni Municipality: Cemeteries by-law. Published in PG 1672 Notice Number 54 dated 19 May 2016.

65. Endumeni Municipality: Stormwater management by-law. Published in PG 1672 Notice Number 56 and 57 dated 19 May 2016.

Western Cape Province

66. Fees in terms of the Western Cape Heritage Regulations. Published in PG 7608 Notice Number 143 dated 21 April 2016.

67. Commencement of the Western Cape Land Use Planning Act 3 of 2014 in certain municipal areas. Published in PG 7609 Notice Number 7 dated 25 April 2016.

68. Swellendam Municipality: By-law relating to public amenities. By-law relating to the control of cemeteries. Published in PG 7616 dated 10 May 2016.

69. Adoption of the Western Cape Coastal Management Plan. Published in PG 7620 Notice Number 212 dated 27 May 2016.

North West Province

70. Rustenburg Local Municipality: By-law relating to public cemeteries. By-law relating to open spaces, parks, side walks and gardens. By-law relating to swimming pools and spa baths. Published in PG 7646 Notice Number 87 dated 18 May 2016.

Limpopo Province

71. Makhado Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2708 Notice Number 41 dated 20 May 2016.

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

Northern Cape Province

72. Joe Morolong Local Municipality Spatial Development Framework (SDF) Review. All stakeholders and communities are encouraged to participate in the review which commenced on 1 April 2016 and will be carried out over a period of 14 months. Published in PG 2012 Notice Number 17 dated 9 May 2016.

73. Ga-Segonyana Local Municipality Spatial Development Framework (SDF) Review. All stakeholders and communities are encouraged to participate in the review which commenced on 1 April 2016 and will be carried out over a period of 14 months. Published in PG 2013 Notice Number 18 dated 16 May 2016.

North-West Province

74. Draft North-West Provincial Spatial Planning and Land Use Management Bill 2015. Interested parties are invited to submit written comments by no later than 30 days after the publication hereof. Published in PG 7651 Notice Number 96 dated 31 May 2016.

75. National Environmental Management: Protected Areas Act 57 of 2003: Correction notice: intention to declare a protected environment and two nature reserves. Members of the public are invited to submit written comments within 60 days of its publication. PG 7624 of 11 March is withdrawn and replaced with PG 7652 Notice Number 85 dated 31 May 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 June 2016):

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