SECTION A:  ENVIRONMENTAL (NATIONAL)

MINING CHARTER 2018

Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 (Mining Charter, 2018) for implementation. Published in GG 41934 Notice Number 1002 dated 27 September 2018.

NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT 10 OF 2004

Norms and Standards for the Marking of Rhinoceros and Rhinoceros Horn, and for the Hunting of Rhinoceros for Trophy Hunting Purposes. Published in GG 41913 Notice Number 961 dated 21 September 2018.

NATIONAL WATER ACT 36 OF 1998

Mzimvubu-Tsitsikamma Water Management Area (WMA 7) in the Eastern Cape Province. Limiting the use of water in terms of item 6 of schedule 3 of the National Water Act of 1998 for Urban, Agricultural and Industrial (including mining) purposes. Published in GG 41903 Notice Number 948 dated 14 September 2018.

Reserve determination of water resources for the Olifants and Letaba Catchments. Published in GG 41887 Notice Number 932 dated 7 September 2018.

NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT 59 OF 2008

Amendments to the Regulations Regarding the Planning and Management of Residue Stockpiles and Residue Deposits, 2015. Published in GG 41920 Notice Number 990 dated 21 September 2018.

NATIONAL ENVIRONMENTAL MANAGEMENT 107 OF 1998

Amendments to Financial Provisioning Regulations, 2015. Published in GG 41921 Notice Number 991 dated 21 September 2018.

NATIONAL FORESTS ACT 84 OF 1998

List of protected tree species. Published in GG 41887 Notice Number 536 dated 7 September 2018.

NATIONAL HERITAGE RESOURCES ACT 25 OF 1999

Serial declaration of historical sites associated to the University of Fort Hare as National Heritage Sites. Published in GG 41913 Notice Number 958 dated 21 September 2018.

ASTRONOMY GEOGRAPHIC ADVANTAGE ACT 21 OF 2007

Notice of the effective date of the regulations to protect the Karoo Central Astronomy Advantage Areas in term of the Act (15 December 2018). Published in GG 41891 Notice Number 939 dated 5 September 2018.

STATISTICS SOUTH AFRICA

Consumer Price Index: August 2018. Published in GG 41928 Notice Number 600 dated 27 September 2018.

CIVIL AVIATION ACT 13 OF 2009

Nineteenth

Number Amendment of the Civil Aviation Regulations, 2018. Published in GG 41915 Notice Number 985 dated 21 September 2018.

SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED AND NATIONAL ROADS ACT 7 OF 1998

Gauteng Freeway Improvement Project: Amendment to the exemption from the payment of toll. Published in GG 41895 Notice 941 dated 7 September 2018.

SECTION B: SAFETY AND HEALTH (NATIONAL)

MINE HEALTH AND SAFETY ACT 29 OF 1996

Amendment to the Regulations relating to competent persons for explosives. Published in GG 41904 Notice Number 952 dated 14 September 2018.

Regulations relating to explosives. Published in GG 41904 Notice Number 953 dated 14 September 2018.

OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993

Amended notice of direction in terms of First Aid Training. Published in GG 41955 Notice Number 1028 dated 5 October 2018.

HEALTH PROFESSIONS ACT 56 OF 1974

Listing of approved facilities for the purposes of performing community service by health professionals in the year 2019 and 2020. Published in GG 41936 Notice Number 1005 dated 27 September 2018.

TRADITIONAL HEALTH PRACTITIONERS ACT 22 OF 2007

Commencement of certain sections of the Act. Published in GG 41945 Notice Number 29 dated 28 September 2018.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL

Draft National Legislation and Regulations

NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT 10OF 2004

Draft Regulations relating to Domestic Trade in Rhinoceros Horn. Members of the public are invited to submit written comments within 30 days of the publication of the notice. Published in GG 41919 Notice Number 986 dated 21 September 2018.

Draft notice prohibiting the carrying out of certain restricted activities involving Rhinoceros Horn. Members of the public are invited to submit written comments within 30 days of the publication of the notice. Published in GG 41919 Notice Number 987 dated 21 September 2018.

Proposed amendment to the alien and invasive species list and list of critically endangered, endangered, vulnerable and protected species. Members of the public are invited to submit written comments within 30 days of the publication of the notice. Published in GG 41919 Notice Number 988 dated 21 September 2018.

NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT 59 OF 2008

Consultation on the amended proposed Industry Waste Tyre Management Plans. Members of the public are invited to submit written comments within 30 days of the publication of the notice. Published in GG 41920 Notice Number 989 dated 21 September 2018.

OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993

Draft Regulations for Hazardous Chemical Agents. Interested persons are invited to submit written comments within 90 days from the date of publication of this notice. Published in GG 41904 Notice Number 950 dated 14 September 2018.

THIRD BIENNIAL UPDATE REPORT TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGES

Draft Biennial Update Report-3 to the Republic of South Africa. Members of the public are invited to submit written comments within 30 days of the publication of the notice. Published in GG 41903 Notice Number 551 dated 14 September 2018.

NATIONAL GREENHOUSE GAS INVENTORY REPORT (NIR)

Publication of the 6th Draft. Members of the public are invited to submit written comments within 30 days of the publication of the notice. Published in GG 41903 Notice Number 552 dated 14 September 2018.

HEALTH PROFESSIONS ACT 56 OF 1974

Draft Regulations defining the scope of the Profession of Psychology. Members of the public are invited to submit written comments within 3 months of the publication of the notice. GG 41900 Notice Number 101 dated 12 September 2018.

THE GAS REGULATOR LEVIES ACT 75 OF 2002 AND THE PETROLEUM PIPELINES LEVIES ACT 29 OF 2004

Proposed levy on the Piped-Gas and Petroleum Pipeline Industries for 2019/20. Interested parties and institutions are invited to submit written comments within 30 days of the publication of this notice. Published in GG 41890 Notice Number 938 dated 5 September 2018.

CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA 1996

Department of Science and Technology: Draft White Paper on Science, Technology and Innovation. Members of the public are invited to submit written comments within 30 days of the date of this notice. Published in GG 41909 Notice Number 954 dated 14 September 2018.

STANDARDS ACT 8 OF 2008

Draft standards issued for public comment, proposed amendments to existing SANS codes for public comment, issuance of new standards, amendment of current standards and withdrawn standards. Published in GG 41887 Notice Number 544 dated 7 September 2018 and in GG 41955 Notice Number 616 dated 5 October 2018.

EMPLOYMENT EQUITY ACT 55 OF 1998

Employment Equity Amendment Bill. Interested persons are invited to submit written comments within 60 days of publication of this notice. Published in GG 41922 Notice Number 992 dated 21 September 2018.

Draft Employment Equity Regulations, 2018. Interested persons are invited to submit written comments within 60 days of publication of this notice. Published in GG 41923 Notice Number 993 dated 21 September 2018.

CIVIL AVIATION ACT 13 OF 2009

Proposed amendments to the Civil Aviation Regulations, 2011. Interested persons are invited to submit written comments on or before the 21 October 2018 of publication of this notice. Published in GG 41915 Notice Number 985 dated 21 September 2018.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL

Provincial Legislation and Municipal By-Laws

WESTERN CAPE PROVINCE

Department of Environmental Affairs and Development Planning: Declaration of Platbos Forest Nature Reserve. Published in PG 7975 Notice Number 116 dated 7 September 2018.

City of Cape Town Metropolitan Municipality: Extension of a Local State of Disaster as a result of the continuing drought. Published in PG 7981 dated 21 September 2018.

City of Cape Town Metropolitan Municipality: Extension of a Local State of Disaster as a result of the devastating fire in Hout Bay in 2017. Published in PG 7981 dated 21 September 2018.

Oudtshoorn Municipality: By-Law on Municipal Land Use Planning (2016) (as amended). Published in PG 7985 dated 28 September 2018.

Swartland Municipality: Extension of Declaration of a Local State of Disaster within the boundaries of the Swartland Municipality: fire at Swartland Hospital. Published in PG 7985 dated 28 September 2018.

Saldanha Bay Municipality: Declaration of a Local State of Disaster within the boundaries of the Saldanha Bay Municipality due to the continuing drought. Published in PG 7985 dated 28 September 2018.

Drakenstein Municipality: Zoning Scheme By-Law, 2018. Published in PG 7983 dated 28 September 2018.

Drakenstein Municipality: By-Law on Municipal Land Use Planning, 2018. Published in PG 7983 dated 28 September 2018.

LIMPOPO PROVINCE

National Environmental Management: Protected Area Act 57 of 2003: Declaration of respective land parcels as Nature Reserves. Published in PG 2941 Notice Number 135 dated 14 September 2018.

National Building Regulations and Building Standards Act 103 of 1977. Fetakgomo Tubatse Local Municipality: Approval of the Building Regulations By-Law 2018. Published in PG 2944 Notice Number 136 dated 21 September 2018 and in PG 2947 Notice Number 136 dated 28 September 2018.

FREE STATE PROVINCE

Moqhaka Local Municipality: Fire Brigade Service By-Law. Published in PG 66 Notice Number 91 dated 21 September 2018.

Moqhaka Local Municipality: Street Trading By-Law. Published in PG 66 Notice Number 92 dated 21 September 2018.

Moqhaka Local Municipality: Traffic By-Law. Published in PG 66 Notice Number 94 dated 21 September 2018.

Moqhaka Local Municipality: Water Service Amendment By-Law. Published in PG 66 Notice Number 95 dated 2 September 2018.

GAUTENG PROVINCE

National Environmental Management Waste Act 59 of 2008: List of Authorised Persons in terms of the Gauteng Health Care Waste Management Regulations. Published in PG 254 Notice Number 906 dated 5 September 2018.

National Environmental Management Waste Act 59 of 2008: List of registered persons. Published in PG 271 Notice 994 dated 26 September 2018.

KWAZULU-NATAL PROVINCE

National Environmental Management: Protected Areas Act 57 of 2003: KwaZulu-Natal Nature Conservation Board: Correction Notice for the KZN Provincial Gazette 1518 Proclamation 4 of 9 October 2015. Published in PG 1993 Notice 99 dated 6 September 2018.

Local Government: Municipal Systems Act 32 of 2000: eThekwini Municipality: Film By-law, 2018. Published in PG 1993 Notice 100 dated 6 September 2018.

National Building Regulations and Building Standards Act 103 of 1977: Newcastle Municipality Building By-Law. Published in PG 2002 Notice 105 dated 27 September 2018.

Amendment to the Newcastle Municipality Spatial Planning and Land Use Management By-law. Published in PG 2002 Notice 104 dated 27 September 2018.

KwaDukuza Municipal Spatial Planning and Land Use Management (SPLUMA) By-Law. Published in PG 2002 Notice 106 dated 27 September 2018.

NORTH WEST PROVINCE

National Environmental Management: Air Quality Act 39 of 2004: Dr. Kenneth Kaunda District Municipality: Municipal Health and Environmental Management Services – processing fee for Atmospheric Emission Licence (AEL). Published in PG 7938 Notice Number 200 dated 2 October 2018.

Dr. Kenneth Kaunda District Municipality: Licence Fee By-law for municipal health and environmental management services. Published in PG 7938 Notice Number 202 dated 2 October 2018.

SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL

Draft Provincial Legislation and Municipal By-Laws

NORTH WEST PROVINCE

National Environmental Management Act 107 of 1998: Final Draft Environmental Management Framework for the Bojanala Platinum District Municipality. Members of the public are invited to submit written comments within 30 days after the publication of this notice. Published in PG 7934 Notice Number 184 dated 11 September 2018.

EASTERN CAPE PROVINCE

National Environmental Management Act 107 of 1998: Notice of intention to publish and gazette the Draft Eastern Cape Biodiversity Conservation Strategy and Plan (ECBCSAP). Members of the public are invited to submit written comments within 60 days after the publication of this notice. Published in PG 4111 Notice Number 178 dated 11 September 2018.

WESTERN CAPE PROVINCE

Mossel Bay Municipality: Draft Klein Brak and Great Brak Estuarine Management Plans. Members of the public are invited to submit written comments within 30 days after the publication of this notice. Published in PG 7980 Notice dated 14 September 2018.

Mossel Bay Municipality: Draft Hartenbos Estuarine Management Plan and Mouth Management Protocol. Members of the public are invited to submit written comments within 30 days after the publication of this notice. Published in PG 7984 dated 28 September 2018.

Proposed amendment of the Bergrivier Municipal Spatial Development Framework 2012-2017. The general public and interested and affected parties are invited to submit written comments over the next 60 days. Published in PG 7984 dated 28 September 2018. 

KWAZULU-NATAL PROVINCE

Draft Consultation Paper and Draft Norms and Standards for Enhancement and Protection of Landscape Character in Kwazulu-Natal. Members of the public are invited to submit written comments within 30 days of the publication of this notice. Published in PG 1993 Notice Number 97 dated 6 September 2018.

Department of Cooperative Government and Traditional Affairs:  Draft Consultation Paper and Draft Norms and Standards for Spatial Imperatives for Public Service Infrastructure. Members of the public are invited to submit written comments within 30 days after the publication of this notice. Published in PG 2000 Notice Number 104 dated 20 September 2018.

KwaZulu-Natal Planning and Development Act 6 of 2008: Provincial Planning and Development Norms and Standard for Telecommunication Infrastructure: Draft Norms and Standards. Members of the public are invited to submit written comments within 30 days after the publication of this notice. Published in PG 2000 Notice Number 103 dated 20 September 2018.

National Environmental Management: Protected Areas Act 57 of 2003: Notice of intention to declare the Mun-Ya-Wana Conservancy. Members of the public are invited to submit written comments within 60 days of the publication of this notice. Published in PG 2004 Notice Number 110 dated 4 October 2018.

GAUTENG PROVINCE

Merafong City Local Municipality: Draft Land Use Scheme. Members of the public are invited to submit written comments for a period of 60 days from 26 September 2018 to 27 November 2018. Published in PG 280 Notice Number 1571 dated 3 October 2018.

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)

Bills before Parliament (as of 3 October 2018)

National Health Amendment Bill (B29 of 2018)

Aquaculture Development Bill (B22 of 2018)

Local Government: Municipal Structures Amendment Bill (B19 of 2018)

South African National Roads Agency Limited and National Roads Amendment Bill (B20 of 2017)

National Environmental Management Laws Amendment Bill (B14 of 2017)

Marine Spatial Planning Bill (B9 of 2017)

National Forests Amendment Bill (B11 of 2016)

National Land Transport Amendment Bill (B7 of 2016)

Plant Improvement Bill (B8 of 2015)

Plant Breeders Rights Bill (B11 of 2015)

Bills before the President (as of 3 October 2018)

Labour Relations Amendment Bill (B32 of 2017)

National Minimum Wage Bill (B31 of 2017)

Basic Conditions of Employment Amendment Bill (B30 of 2017)

Labour Laws Amendment Bill (B29 of 2017)

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