SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management: Waste Act 59 of 2008

1. Amendment to the Waste Tyre Regulations 2009. Published in GG 40470 Notice Number 1493 dated 2 December 2016.

Electricity Regulation Act 4 of 2006

2. Amendments to the Electricity Regulations on New Generation Capacity 2011. Published in GG 40401 Notice Number 1366 dated 4 November 2016.

Disaster Management Act 57 of 2002

3. Establishment of the Inter-governmental Committee on Disaster Management. Published in GG 40394 Notice Number 61 dated 2 November 2016.

4. Guidelines for conducting a comprehensive risk assessment: Part 1: Hazard analysis, identification and prioritisation. Published in GG 40393 Notice Number 1363 dated 2 November 2016. 

5. Extension of the declaration of a KwaZulu-Natal Provincial State of Disaster. Published in GG 40408 Notice Number 1388 dated 7 November 2016.

Marine Living Resources Act 18 of 1998

6. Amendment to the Regulations. Published in GG 40437 Notice Number 1427 dated 22 November 2016.

Broad-Based Black Economic Empowerment Act 53 of 2003

7. Codes of Good Practice: Amended Information and Communication Technology Sector Code. Published in GG 40407 Notice Number 1387 dated 7 November 2016.

Promotion of Access to Information Act 2 of 2000

8. 3rd Edition 2016 Section 14 Manual: Department of Transport. Published in GG 40445 Notice Number 815 dated 25 November 2016.

Statistics South Africa

9. Consumer Price Index (CPI) for October 2016. Published in GG 40464 Notice Number 855 dated 2 December 2016.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Compensation for Occupational Injuries and Diseases Act 130 of 1993

10. Notice in terms of the requests to revise assessments. Published in GG 40406 Notice Number 1386 dated 7 November 2016.

National Road Traffic Act 93 of 1996

11. Amendment to the Road Traffic Regulations. Published in GG 40420 Notice Number 1408 dated 11 November 2016. 

National Railway Safety Regulator Act 16 of 2002

12. The Minister of Transport has published the names of the non-executive members appointed to the Board of the Railway Safety Regulator for a period of 3 years with effect from 1 November 2016. Published in GG 40428 Notice Number 777 dated 18 November 2016.

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

13. E-Road Regulations, 2016. Published in GG 40442 Notice Number 1429 dated 24 November 2016.

Standards Act 8 of 2008

14. Issue of new SANS Standards, revision of SANS Standards and cancelled SANS Standards. Published in GG 40428 Notice Number 774 dated 18 November 2016.

National Health Act 61 of 2003

15. Procedural regulations pertaining to the functioning of the Office of Health Standards Compliance and Handing of Complaints by the Ombud. Government Gazette 40350 dated 13 October 2016 had errors and is replaced with this gazette. Published in GG 40396 Notice Number 1365 dated 2 November 2016.

Pharmacy Act 53 of 1974

16. Fees payable to the Council. Published in GG 40405 Notice Number 172 dated 4 November 2016.

Health Professions Act 56 of 1974

17. Regulations defining the scope of practice of clinical associates. Published in GG 40414 Notice Number 1390 dated 11 November 2016.

18. Regulations defining the scope of practice of dental therapy. Published in GG 40414 Notice Number 1391 dated 11 November 2016.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

19. Enforcement by local authority (Francis Baard District Municipality). Published in GG 40421 Notice Number 1409 dated 11 November 2016.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

20. Regulations relating to miscellaneous additives in foodstuffs. Published in GG 40432 Notice Number 1425 dated 17 November 2016.

Marketing of Agricultural Products Act 47 of 1996

21. Establishment of a statutory measure and determination of guideline prices: Levies of fresh citrus fruit intended for export. Published in GG 40460 Notice Number 1459 dated 2 December 2016.

22. Establishment of a statutory measure: records and returns relating to persons involved in the export of fresh citrus fruit. Published in GG 40460 Notice Number 1460 dated 2 December 2016.

23. Establishment of a statutory measure: registration of persons involved in the export of fresh citrus fruit. Published in GG 40460 Notice Number 1461 dated 2 December 2016.

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

National Environmental Management: Biodiversity Act 10 of 2004

24. Draft distribution maps for certain indigenous species. Members of the public are invited to submit written comments within 30 days after the publication of this notice in the gazette. Published in in GG 40398 Notice Number 727 dated 3 November 2016.

25. Draft Norms and Standards for the Management of Damage-Causing Animals in South Africa. The unsigned General Notice No. 512 of 30 August 2016 is hereby replaced with this signed correction notice. Members of the public are invited to submit written comments within 30 days after the publication of this correction notice in the gazette. Published in GG 40412 Notice Number 749 dated 10 November 2016.

26. Draft Biodiversity Management Plan for the Cape Mountain Zebra (Equus Zebra Zebra). Members of the public are invited to submit written comments within 30 days after the publication of the notice in a gazette. Published in GG 40464 Notice Number 1483 dated 2 December 2016.

National Environmental Management: Protected Areas Act 57 of 2003

27. Notice of intention to prescribe norms and standards for the inclusion of private nature reserves in the register of protected areas of South Africa. Members of the public are invited to submit written comments within 30 days after the publication of this notice in the gazette. Published in GG 40402 Notice Number 731 dated 4 November 2016.

National Environmental Management: Air Quality Act 39 of 2004

28. Intention to declare certain printing industry activities as controlled emitters and establishment of emission standards. 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 40402 Notice Number 1373 dated 4 November 2016.

Occupational Health and Safety Act 85 of 1993

29. Draft Explosive Regulations. Members of the public are invited to submit written comments within 30 days of the date of publication of this notice. Published in GG 40415 Notice Number 1402 dated 11 November 2016.

National Environmental Management: Waste Act 59 of 2008

30. Proposed amendments to the regulations regarding the planning and management of residue stockpiles and residue deposits 2015. Members of the public are invited to submit written comments within 30 days of publication of this notice in the gazette. Published in GG 40447 Notice Number 1440 dated 25 November 2016.

National Energy Act 34 of 2008

31. Draft Integrated Energy Plan. Published in GG 40445 Notice Number 1430 dated 25 November 2016. (Note no details regarding public comments were published in the gazette).

32. Draft Integrated Resource Plan Update: Assumptions, base case results and observations: October 2016. Published in GG 40445 Notice Number 1431 dated 25 November 2016. (Note no details regarding public comments were published in the gazette).

Electricity Regulation Act 4 of 2006

33. Proposed amendment of Schedule 2 of the Act (draft licencing exemption and registration notice). Interested persons and organisations are invited to submit written comments within 30 days. Published in GG 40464 Notice Number 1482 dated 2 December 2016. 

Broad-Based Black Economic Empowerment Act 53 of 2003

34. Proposed thresholds for major B-BBEE transactions. Members of the public and interested persons are invited to submit written comments within 30 days from the date of publication of this notice. Published in GG 40410 Notice Number 748 dated 8 November 2016.

Special Economic Zones Act 16 of 2014

35. Draft Zone Rules for the Richards Bay Industrial Development Zone SOC Limited. Interested parties and the public are invited to submit written comments by 15 January 2017. Published in GG 40445 Notice Number 784 dated 25 November 2016.

Meat Safety Act 40 of 2000

36. Draft Game Meat Regulations. Interested parties are invited to submit written comments within 30 days from the date of publication of this notice. Published in GG 40402 Notice Number 1371 dated 4 November 2016.

Agricultural Pests Act 36 of 1983

37. Explanatory summary of the Plant Health (Phytosanitary) Bill 2016. Published in GG 40476 Notice Number 1489 dated 2 December 2016.

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

Western Cape Province

38. Commencement of the Western Cape Land Use Planning Act 3 of 2014 in the Oudtshoorn Municipality. Published in PG 7701 Notice Number 25 dated 8 November 2016.

Gauteng Province

39. West Rand District Municipality: Declaration of a local state of disaster. Published in PG 380 Notice Number 1955 dated 24 November 2016.

40. Gauteng Petitions Act 5 of 2002: Gauteng Petitions Regulations 2016. Published in PG 384 Notice Number 949 dated 29 November 2016.

Limpopo Province

41. Polokwane Local Municipality: Street Trading By-law. Published in PG 2769 Notice Number 184 dated 25 November 2016.

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

42. North West Agricultural Bank Amendment Bill (as introduced into the Provincial Legislature). Published in PG 7706 Notice Number 216 dated 8 November 2016.

Western Cape Province

43. Notice of intention to amend the George Spatial Development Framework. Written comments must be submitted by no later than 30 January 2017. Published in PG 7706 Notice Number 132 dated 25 November 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 December 2016):

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