SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management: Waste Act 59 of 2008

1. Withdrawal of the notice to the Paper and Packaging Industry, Electrical and Electronic Industry and Lighting Industry to prepare and submit Industry Waste Management Plans to the Minister for approval which was published in GG 40207 Notice Number 105 dated 12 August 2016. Published in GG 40270 Notice Number 1010 dated 12 September 2016.

2. Publication of the notice to the Paper and Packaging Industry, Electrical and Electronic Industry and Lighting Industry to prepare and submit Industry Waste Management Plans to the Minister for approval. Published in GG 40270 Notice Number 1011 dated 12 September 2016.

National Environmental Management: Protected Areas Act 57 of 2003

3. Declaration of the Tyityaba Private Game Reserve. Published in GG 40266 Notice Number 1007 dated 12 September 2016.

Marine Living Resources Act 18 of 1998

4. Duration of small-scale fishing rights. Published in GG 40286 Notice Number 1067 dated 16 September 2016.

National Water Act 36 of 1998

5. Limiting the use of water from the Polokwane Water Supply System. Published in GG 40284 Notice Number 1066 dated 16 September 2016.

6. Establishment of nine new water management areas. Published in GG 40279 Notice Number 1056 dated 16 September 2016.

7. Limiting the use of water in the catchment areas of the dams supplying the Western Cape Water Supply System. Published in GG 40284 Notice Number 1057 dated 16 September 2016.

Promotion of Access to Information Act 2 of 2000

8. Description submitted in terms of section 15(1) of the Act:
a. Mpumalanga Provincial Government: Department of Co-operative Governance and Traditional Affairs. Published in GG 40279 Notice Number 1021 dated 16 September 2016.
b. Limpopo Provincial Government: Office of the Premier. Published in GG 40279 Notice Number 1022 dated 16 September 2016.
c. Limpopo Provincial Government: Department of Co-operative Governance, Human Settlements and Traditional Affairs. Published in GG 40279 Notice Number 1023 dated 16 September 2016.
d. Limpopo Provincial Government: Department of Social Development. Published in GG 40279 Notice Number 1024 dated 16 September 2016.
e. Limpopo Provincial Government: Department of Health. Published in GG 40279 Notice Number 1025 dated 16 September 2016.
f. Limpopo Provincial Government: Department of Agriculture and Rural Development. Published in GG 40279 Notice Number 1026 dated 16 September 2016.
g. KwaZulu-Natal Provincial Government: Department of Cooperative Governance and Traditional Affairs. Published in GG 40293 Notice Number 1078 dated 23 September 2016.
h. Mpumalanga Provincial Government: Department of Health. Published in GG 40293 Notice Number 1079 dated 23 September 2016.
i. Eastern Cape Provincial Government: Office of the Premier. Published in GG 40293 Notice Number 1080 dated 23 September 2016.
j. Free State Provincial Government: Department of Provincial Treasury. Published in GG 40312 Notice Number 1168 dated 30 September 2016.
k. Free State Provincial Government: Office of the Premier. Published in GG 40312 Notice Number 1169 dated 30 September 2016.
l. Free State Provincial Government: Department of Co-operative Governance and Traditional Affairs. Published in GG 40312 Notice Number 1170 dated 30 September 2016.
m. Free State Provincial Government: Department of Agriculture and Rural Development. Published in GG 40312 Notice Number 1171 dated 30 September 2016.
n. Free State Provincial Government: Department of Education. Published in GG 40312 Notice Number 1172 and 1186 dated 30 September 2016.
o. Free State Provincial Government: Department of Economic, Small Business Development, Tourism and Environmental Affairs. Published in GG 40312 Notice Number 1173 dated 30 September 2016.
p. Free State Provincial Government: Department of Police, Roads and Transport. Published in GG 40312 Notice Number 1174 dated 30 September 2016.
q. Free State Provincial Government: Department of Sport, Art, Culture and Recreation.  Published in GG 40312 Notice Number 1175 dated 30 September 2016.
r. Free State Provincial Government: Department of Public Works and Infrastructure.  Published in GG 40312 Notice Number 1176 and 1180 dated 30 September 2016.
s. Free State Provincial Government: Department of Human Settlements. Published in GG 40312 Notice Number 1177 and 1181 dated 30 September 2016.
t. Free State Provincial Government: Department of Health. Published in GG 40312 Notice Number 1178 dated 30 September 2016.
u. Free State Provincial Government: Department of Social Development. Published in GG 40312 Notice Number 1179 dated 30 September 2016.
v. Free State Provincial Government: Department of Correctional Services. Published in GG 40312 Notice Number 1185 dated 30 September 2016.
w. Department of Justice and Constitutional Development. Published in GG 40312 Notice Number 625 dated 30 September 2016.

Broad-Based Black Economic Empowerment Act 53 of 2003

9. Determination of the address of the Broad-Based Black Economic Empowerment Commission. Published in GG 40293 Notice Number 615 dated 23 September 2016.

Statistics South Africa

10. Consumer Price Index (CPI) for August 2016. Published in GG 40312 Notice Number 628 dated 30 September 2016 2016.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Mine Health and Safety Act 29 of 1996

11. Notice for nominations for members of the Mine Health and Safety Council. Published in GG 40263 Notice Number 1005 dated 9 September 2016.

12. Guideline for the Compilation of a Mandatory Code of Practice for the Prevention of Fires at Mines.  Published in GG 40313 Notice Number 1199 dated 30 September 2016.

Occupational Health and Safety Act 85 of 1993

13. Correction notice: Incorporation of Safety, Lift, Escalator and Passenger Conveyor Regulations 2010. Published in GG 40294 Notice Number 1148 dated 23 September 2016.

14. Notice of direction in terms of the General Safety Regulations. Published in GG 40313 Notice Number 1198 dated 30 September 2016. 

National Regulator for Compulsory Specifications Act 5 of 2008

15. Amendment to the regulation relating to the payment of levy and fees with regards to compulsory specifications. Published in GG 40313 Notice Number 1200 dated 30 September 2016.

16. Compulsory specification for electric motor-operated hand-held tools, transportable tools and lawn and garden machinery. Published in GG 40313 Notice Number 1201 dated 30 September 2016.

Legal Metrology Act 9 of 2014

17. Amendment to the regulations relating to the tariff of fees charged for services rendered. Published in GG 40313 Notice Number 1200 dated 30 September 2016.

National Railway Safety Regulator Act 16 of 2002

18. Railway Safety Regulator Standards published in terms of the National Railway Safety Regulator Regulations 2006. Published in GG 40312 Notice Number 631 dated 30 September 2016.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

19. The Compensation Fund has gazetted a number of bank accounts to be used by the public when depositing money to the Fund. Published in GG 40312 Notice Number 626 dated 30 September 2016.

Health Professions Act 56 of 1974

20. List of approved facilities for the purposes of performing community service by health professionals in the year 2017. Published in GG 40312 Notice Number 1164 dated 30 September 2016.

Department of Trade and Industry

21. National Liquor Policy. Published in GG 40321 Notice Number 1208 dated 30 September 2016.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

22. Amendment to the regulations governing tolerances for fungus-produced toxins in foodstuffs. Published in GG 40250 Notice Number 987 dated 5 September 2016.

Agricultural Product Standards Act 119 of 1990

23. Amendment to the standards and requirements regarding control of the export of sorghum. Published in GG 40293 Notice Number 1071 dated 23 September 2016.

24. Amendment to the standards and requirements regarding control of the export of wheat. Published in GG 40293 Notice Number 1072 dated 23 September 2016.

25. Amendment to the standards and requirements regarding control of export of table grapes. Published in GG 40312 Notice Number 622 dated 30 September 2016.

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

National Environmental Management Act 107 of 1998

26. Proposed amendments to the Financial Provision Regulations 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 40265 Notice Number 1006 dated 9 September 2016.

Mineral and Petroleum Resources Development Act 28 of 2002

27. Notice of intention to prohibit or restrict prospecting or mining in terms of section 49(1) of the Act on land situated in the Xolobeni area (magisterial district of Bizana in the Eastern Cape Province). Relevant stakeholders are invited to submit written representations within 21 days from the date of publication of this government notice. Published in GG 40277 Notice Number 1014 dated 15 September 2016. 

United Nations Framework Convention on Climate Change (UNFCCC)

28. Draft Biennial Update Report (BUR-2) and Draft 5th Greenhouse Gas (GHG) Inventory Report for the Republic of South Africa to the UNFCCC. Members of the public are invited to submit written comments within 30 days of publication of this notice in the gazette.  Published in GG 40269 Notice Number 585 dated 12 September 2016.

Hazardous Substances Act 15 of 1973

29. Notice of intention to declare certain substances as Group 1, Category B Hazardous Substances. Interested persons are invited to submit written comments within 3 months from the date of publication of this notice. Published in GG 40293 Notice Number 1075 dated 23 September 2016.

National Energy Regulator Act 40 of 2004

30. Invitation for further consultation and public comments on the Multi Year Price Determination (MYPD) methodology. The closing date for written comments was 22 September 2016. Published in GG 40273 Notice Number 587 dated 13 September 2016.

Petroleum Pipelines Levies Act 28 of 2004 and Gas Regulator Levies Act 75 of 2002

31. Proposed levy on the Piped-Gas and Petroleum Pipeline Industries for 2017/18. Written comments must be submitted within 30 days of the date of this publication. Published in GG 40257 Notice Number 994 dated 8 September 2016.

National Energy Regulator Act 47 of 1999

32. Notice that Eskom has made an application for nuclear installation site licences for the Thyspunt and Duynefontyn sites. Persons who may be affected by the granting of such licences may submit written representations within 30 days from the date of publication. Published in GG 40279 Notice Number 590 dated 16 September 2016.

Medicines and Related Substances Act 101 of 1965

33. Extension of the implementation period of the interim adjustment of the single exit price of medicines and scheduled substances for 2016. Written submissions must be lodged no later than 30 days from the date of publication of this notice. Published in GG 40279 Notice Number 1018 dated 16 September 2016.

Special Economic Zones Act 16 of 2014

34. Notice of amendment to the East London Development Zone. Members of the public must submit written comments within 30 days from the date of publication of this notice. Published in GG 40279 Notice Number 1054 dated 16 September 2016.

Civil Aviation Act 13 of 2009

35. Proposed amendments to the Civil Aviation Regulations 2011. Interested persons are invited to submit written comments on or before 24 October 2016. Published in GG 40299 Notice Number 1156 dated 23 September 2016.

Employment Equity Act 55 of 1998

36. Draft Code of Good Practice on the Preparation and Implementation of Employment Equity Plans. Written comments must be submitted within 30 days of publication of the notice in the gazette. Published in GG 40316 Notice Number 1202 dated 30 September 2016.

National Health Act 61 of 2003

37. Draft regulations relating to artificial fertilisation of persons. Interested persons are invited to submit written comments within 3 months from the date of this notice. Published in GG 40312 Notice Number 1165 dated 30 September 2016.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

38. Proposed amendment to the regulations relating to the reduction of sodium in certain foodstuffs and related matters. Interested persons are invited to submit written comments within 3 months of date of publication of this notice. Published in GG 40252 Notice Number 989 dated 6 September 2016.

39. Proposed regulations relating to the maximum levels of metals in foodstuffs. Interested persons are invited to submit written comments within 3 months of date of publication of this notice. Published in GG 40252 Notice Number 990 dated 6 September 2016.

Agricultural Product Standards Act 119 of 1990

40. Proposed regulations relating to the protection of geographical indications used on agricultural products intended for sale in the Republic of South Africa. It was first made available for public comment on 12 February 2016. The draft regulations have been revised and are now available for a second round of comments. All interested parties are invited to submit written comments by no later than 28 October 2016. Published in GG 40293 Notice Number 1070 dated 23 September 2016.

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

KwaZulu-Natal Province

41. Extension of the declaration of a provincial state of disaster. Published in PG 1728 Notice Number 156 dated 9 September 2016.

42. Msunduzi Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1729 Notice Number 122 dated 15 September 2016.

Limpopo Province

43. The Lepelle-Nkumpi Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2745 Notice Number 140 dated 2 September 2016.

44. The Ba-Phalaborwa Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2747 Notice Number 149 dated 9 September 2016.

45. Polokwane Municipality: Noise Control By-law. Published in PG 2748 Notice Number 150 dated 16 September 2016.

North-West Province

46. Mahikeng Local Municipality: Fire Brigade Services By-law. Published in PG 7686 Notice Number 43 dated 2 September 2016.

47. National Environmental Management: Protected Areas Act 57 of 2003: Establishment of the Marico Protected Environment as a new protected environment and assign the Marico River Conservation Association as the Management Authority. Published in PG 7690 Notice Number 177 dated 13 September 2016.

48. National Environmental Management: Protected Areas Act 57 of 2003: Establishment of the Molopo Oog Nature Reserve a new nature reserve and assign the Molopo Oog Landowners Association as the Management Authority. Published in PG 7690 Notice Number 178 dated 13 September 2016.

49. National Environmental Management: Protected Areas Act 57 of 2003: Establishment of the Rietspruit Rusoord Nature Reserve a new nature reserve and assign the Marico River Conservation Association as the Management Authority. Published in PG 7690 Notice Number 179 dated 13 September 2016.

50. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Mafikeng Nature Reserve and assign the North West Parks Board as the Management Authority. Published in PG 7690 Notice Number 180 dated 13 September 2016.

51. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Molopo Nature Reserve and assign the North West Parks Board as the Management Authority. Published in PG 7690 Notice Number 181 dated 13 September 2016.

52. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Botsalano Nature Reserve and assign the North West Parks Board as the Management Authority. Published in PG 7690 Notice Number 183 dated 13 September 2016.

53. Ratlou Municipality: Spatial Planning and Land Use Management By-law. Published in PG 7691 Notice Number 157 dated 13 September 2016.

Northern Cape Province

54. Marine Living Resources Act 18 of 1998: duration of small-scale fishing rights. Published in PG 2041 Notice Number 93 dated 9 September 2016.

Western Cape Province

55. Amendment to the Public Launch Site Regulations 2014. Published in PG 7679 Notice Number 370 dated 16 September 2016.

56. Oudshoorn Municipality: Municipal Land Use Planning By-law. Published in PG 7684 dated 30 September 2016.

Gauteng Province

57. Approval of the Gauteng Environmental Implementation Plan. Published in PG 294 Notice Number 1217 dated 14 September 2016.

58. Notice of adoption of the Merafong Municipal Spatial Development Framework 2016-2021. Published in PG 294 Notice Number 1557 dated 14 September 2016.

Eastern Cape Province

59. The Nature and Environmental Ordinance 19 of 1974: Abolition of a private nature reserve and withdrawal of the notice establishing the reserve. Please note that this notice was published incorrectly in a national gazette and not in a provincial gazette. Published in GG 40288 Notice Number 1068 dated 19 September 2016.

60. Port St Johns Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3738 Notice Number 213 dated 26 September 2016.

61. King Sabata Dalindyebo Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3742 Notice Number 223 dated 3 October 2016.

62. Raymond Mhlaba Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3742 Notice Number 224 dated 3 October 2016.

63. Promotion of Access to Information Act: Manual for the Eastern Cape Province: Department of Roads and Public Works. Published in PG 3742 Notice Number 222 dated 3 October 2016.

Free-State Province

64. Appointment of members to the Free State Heritage Resources Authority. Published in PG 70 Notice Number 224 dated 23 February 2016.

65. Appointment of members to the Free State Arts and Culture Council. Published in PG 70 Notice Number 225 dated 23 February 2016.

66. Tswelopele Local Municipality: Standard Building Regulations Amendment By-law. Published in PG 73 Notice Number 228 dated 30 September 2016.

67. Tswelopele Local Municipality: General Street and Traffic Enforcement By-law. Published in PG 73 Notice Number 230 dated 30 September 2016.

68. Tswelopele Local Municipality: Standard Water Restrictions By-law. Published in PG 73 Notice Number 232 dated 30 September 2016.

69. Tswelopele Local Municipality: Noise Waste Management By-law. Published in PG 73 Notice Number 232 dated 30 September 2016.

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

North-West Province

70. Notice of intention to declare a portion of land as part of the Mafikeng Nature Reserve.  Members of the public are invited to submit written comments within 60 days of its publication. Published in PG 7690 Notice Number 182 dated 13 September 2016.

71. Notice of intention to declare four nature reserves. Members of the public are invited to submit written comments within 60 days of its publication. Published in PG 7690 Notice Number 184 dated 13 September 2016.

72. City of Matlosana: proposed amendments to the Electricity By-law. Interested persons are invited to submit written comments within 30 days from the date of publication of this notice. Published in PG 7695 Notice Number 161 dated 27 September 2016.

Eastern Cape Province

73. Notice of an application for a nuclear installation licence. Written representations may be made by persons affected by the granting of such licence within 30 days from the date of publication. Published in PG 3735 Notice Number 32 dated 19 September 2016.

74. Intention to declare nature reserves. Members of the public are invited to submit written comments within 60 days from the date of this notice. Published in PG 3743 Notice Number 225 dated 3 October 2016.

Free-State Province

75. Masilonyana Local Municipality: Notice of intention to review its Spatial Development Framework (SDF). Interested parties, residents, organisations, groups and individuals are invited to attend workshops and submit comments on the proposed review of the SDF. Published in PG 66 Notice Number 219 dated 16 September 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 4 October 2016):

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