WARBURTON ATTORNEYS MONTHLY SUSTAINABILITY LEGISLATION, REGULATION AND PARLIAMENTARY UPDATE

DECEMBER 2010

SECTION A: ENVIRONMENTAL (NATIONAL)

National Environmental Management: Biodiversity Act 10 of 2001

1. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Regulations. Published in GG 33870 Notice Number 1205 dated 13 December 2010.

National Environmental Management Act 107 of 1998

2. Amendments to the Environmental Impact Assessment Regulations, 2010 and Listing Notices. Published in GG 33842 Notice Number 1159 dated 10 December 2010.

National Forest Act 84 of 1998

3. Correction notice in respect of the list of Champion Trees. Published in GG 33812 Notice Number 1132 dated 3 December 2010.

National Water Act 36 of 1998

4. Restrictions on the use of domestic and industrial water in the municipality of George in the Western Cape Province. Published in GG 33909 Notice Number 1260 dated 28 December 2010.

Promotion of Access to Information Act 2 of 2000

5. Description submitted in terms of section 15(1) by the Department of Justice and Constitutional Development. Published in GG 33842 Notice Number 1162 dated 10 December 2010.

6. Description submitted in terms of section 15(1) by the Limpopo Provincial Government: Office of the Premier. Published in GG 33842 Notice Number 1161 dated 10 December 2010.

7. Description submitted in terms of section 15(1) by the Limpopo Provincial Government: Provincial Treasury. Published in GG 33842 Notice Number 1160 dated 10 December 2010.

8. Description submitted in terms of section 15(1) by the Limpopo Provincial Government: Department of Local Government and Housing. Published in GG 33813 Notice Number 1117 dated 3 December 2010.

9. Description submitted in terms of section 15(1) by the Limpopo Provincial Government: Department of Health and Social Development. Published in GG 33897 Notice Number 1221 dated 24 December 2010.

10. Description submitted in terms of section 15(1) by the Limpopo Provincial Government: Department of Sports, Arts and Culture. Published in GG 33901 Notice Number 1239 dated 31 December 2010.

Disaster Management Act 57 of 2002

11. Disaster Management Volunteer Regulations. Published in GG 33882 Notice Number 1215 dated 17 December 2010.

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947

12. Adoption of a Pesticide Management Policy for South Africa. Published in GG 33899 Notice Number 1120 dated 24 December 2010.

Constitution of the Republic of South Africa 108 of 1996

13. Transfer of the administration, powers and functions entrusted to the Minister of Agriculture, Forestry and Fisheries by the National Forest Act 84 of 1998, for specific mountain catchment areas. Published in GG 33899 Notice Number 78 dated 24 December 2010.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

1. Amendment to the regulations pertaining to foods for infants, young children and children. Published in GG 33877 Notice Number 1210 dated 17 December 2010.

2. Amendment to the regulations relating to milk and dairy products. Published in GG 33911 Notice Number 1262 dated 31 December 2010.

Firearms Control Act 60 of 2000

3. Amendment to the Firearms Control Regulations, 2010. Published in GG 33875 Notice Number 1208 dated 17 December 2010.

Firearms Control Amendment Act 28 of 2006

4. Notice is given that 10 January 2011 is the date on which sections 1(b), 1(i), 2, 4, 8, 9, 10, 18 and 52 of the said Act shall come into operation. Published in GG 33871 Notice Number 77 dated 17 December 2010.

Medicines and Related Substances Act 101 of 1965

5. Regulations relating to a transparent pricing system for medicines and scheduled substances (methodology for international benchmarking of prices of medicines and scheduled substances in South Africa). Published in GG 33878 Notice Number 1211 dated 17 December 2010.

6. Amendment to the regulations relating to a transparent pricing system for medicines and scheduled substances. Published in GG 33906 Notice Number 1256 dated 24 December 2010.

National Regulator for Compulsory Specifications Act 5 of 2008

7. Amendment to the compulsory specification for Compact Fluorescent Lamps (CFL) (VC9091). Published in GG 33897 Notice Number 1229 dated 24 December 2010.

8. Correction Notice: compulsory specification for replacement brake lining assemblies for road vehicles. Published in GG 33897 Notice Number 1228 dated 24 December 2010.

9. Amendment of compulsory specifications for the safety of starters for tubular fluorescent lamps. Published in GG 33763 Notice Number 1078 dated 19 November 2010.

National Road Traffic Act 93 of 1996

10. Amendment of the National Road Traffic Regulations. Published in GG 33796 Notice Number 1113 dated 25 November 2010.

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

Compensation for Occupational Injuries and Diseases Act 130 of 1993

1. Draft amendment of Schedule 4 of the Act. Published in GG 33858 Notice Number 1182 dated 10 December 2010.

2. Draft amendment of increases in monthly pensions. Published in GG 33858 Notice Number 1181 dated 10 December 2010.

3. Draft increase of the maximum amount of earnings on which the assessment of an employer shall be calculated. Published in GG 33858 Notice Number 1180 dated 10 December 2010.

National Environmental Management Act 107 of 1998

4. Draft amendments to the Environmental Impact Assessment Regulations, 2010 and Listing Notices. Published in GG 33841 Notice Number 1103 dated 10 December 2010.

National Environmental Management: Biodiversity Act 10 of 2001

5. Draft regulations: Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Published in GG 33833 Notice Number 1101 dated 3 December 2010.

6. Proposed amendments to the Threatened or Protected Species Regulations. Published in GG 33833 Notice Number 1100 dated 3 December 2010.

7. Draft national norms and standards for the management of damage causing animals in South Africa. Published in GG 33900 Notice Number 1142 dated 31 December 2010.

National Environmental Management: Waste Act 59 of 2008

8. Draft amendment to the list of waste management activities that have, or are likely to have, a detrimental effect on the environment. Published in GG 33880 Notice Number 1113 dated 14 December 2010.

National Water Act 36 of 1998

9. Proposed allocation schedule in terms of section 45(2) for section 21(a) water use in the Josca Molopo geographic area of the North West Province. Published in GG 33859 Notice Number 1204 dated 17 December 2010.

10. Proposed restriction on the use of domestic water in the municipalities of Mossel Bay, George, Knysna and Bitou in the Western Cape Province. Published in GG 33859 Notice Number 1203 dated 17 December 2010.

Tobacco Products Control Act 83 of 1993

11. Draft correction notice relating to the regulations for the display of tobacco products at wholesale and retail. Published in GG 33913 Notice Number 1264 dated 31 December 2010.

Medicines and Related Substances Act 101 of 1965

12. Draft regulations relating to a transparent pricing system for medicines and scheduled substances (draft guidelines for pharmacoeconomic submissions). Published in GG 33914 Notice Number 1265 dated 31 December 2010.

Department of Labour – Bills published for public comment

13. Labour Relations Amendment Bill, 2010; Basic Conditions of Employment Amendment Bill, 2010; Employment Equity Amendment Bill, 2010 and Employment Services Bill, 2010. Published in GG 33873 Notice Number 1112 dated 17 December 2010.

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

Gauteng Province

1. Disaster Management Act 57 of 2002: Ekurhuleni Metropolitan Municipality: Declaration of a local disaster. Published in PG 220 Notice Number 1643 dated 10 December 2010.

2. Local Government: Municipal Systems Act 32 of 2000: City of Johannesburg Metropolitan Municipality: Amendments to the Public Roads and Miscellaneous By-law. Published in PG 214 Notice Number 3386 dated 1 December 2010.

Free State Province

3. Hunting Season 2011. Published in PG 121 Notice Number 47 dated 10 December 2010.

Western Cape Province

4. George Municipality: Air Pollution Control By-law. Published in PG 6816 Notice Number 439 dated 30 November 2010.

5. George Municipality: Cemeteries and Crematoria By-law. Published in PG 6816 Notice Number 439 dated 30 November 2010.

6. George Municipality: Electricity By-law. Published in PG 6816 Notice Number 439 dated 30 November 2010.

7. George Municipality: Prevention of Public Nuisances and Public Nuisances arising from the Keeping of Animals By-law. Published in PG 6816 Notice Number 439 dated 30 November 2010.

8. George Municipality: Public Amenities By-law. Published in PG 6816 Notice Number 439 dated 30 November 2010.

9. George Municipality: Rates By-law. Published in PG 6816 Notice Number 439 dated 30 November 2010.

10. George Municipality: Roads and Streets By-law. Published in PG 6816 Notice Number 439 dated 30 November 2010.

11. George Municipality: Solid Waste Disposal By-law. Published in PG 6816 Notice Number 439 dated 30 November 2010.

12. George Municipality: Sporting Facilities By-law. Published in PG 6816 Notice Number 439 dated 30 November 2010.

13. Department of Environmental Affairs and Development Planning: Amendment to the Nature Conservation Regulations. Published in PG 6835 Notice Number 491 dated 17 December 2010.

Eastern Cape Province

14. Local Government: Municipal Systems Act 32 of 2000: King Sabata Dalindyebo Municipality: Administration of the Councils: Immovable Property By-law. Published in PG 2489 Notice Number 133 dated 24 December 2010.

15. Local Government: Municipal Systems Act 32 of 2000: King Sabata Dalindyebo Municipality: Electricity Supply By-law. Published in PG 2489 Notice Number 138 dated 24 December 2010.

16. Local Government: Municipal Systems Act 32 of 2000: King Sabata Dalindyebo Municipality: Roads and Traffic By-law. Published in PG 2489 Notice Number 139 dated 24 December 2010.

17. Local Government: Municipal Systems Act 32 of 2000: King Sabata Dalindyebo Municipality: Control of Temporary Advertisements By-law. Published in PG 2489 Notice Number 140 dated 24 December 2010.

18. Local Government: Municipal Systems Act 32 of 2000: King Sabata Dalindyebo Municipality: Advertising Signs and the Disfigurement of the Fronts or Frontages of Streets By-law. Published in PG 2489 Notice Number 141 dated 24 December 2010.

Mpumalanga Province

19. National Environmental Management: Protected Areas Act 57 of 2003: Mpumalanga Tourism and Parks Agency: Consultation Process: Intention to declare a nature reserve. Published in PG 1884 Notice Number 310 dated 2 December 2010.

20. Local Government: Municipal Systems Act 32 of 2000: Steve Tshwete Local Municipality: Nuisance By-law. Published in PG 1890 Notice Number 189 dated 24 December 2010.

Limpopo Province

21. National Environmental Management: Protected Areas Act 57 of 2003: Withdrawal of declaration of the farm Overvlakte 125 MS (Sighetti) as a private nature reserve. Published in PG 1885 Notice Number 420 dated 24 December 2010.

22. Ephraim Mogale Local Municipality: Waste Management By-law. Published in PG 1879 Notice Number 222 dated 15 December 2010.

23. Ephraim Mogale Local Municipality: Electricity Supply By-law. Published in PG 1879 Notice Number 221 dated 15 December 2010.

North West Province

24. Local Government: Municipal Structures Act 117 of 1998: Establishment of the Kagisano-Molopo Local Municipality. Published in PG 6847 Notice Number 379 dated 24 December 2010.

25. Local Government: Municipal Structures Act 117 of 1998: Disestablishment of certain existing municipalities. Published in PG 6847 Notice Number 378 dated 24 December 2010.

26. Local Government: Municipal Structures Act 117 of 1998: Amendment of certain notices relating to the establishment of municipalities in the North West Province. Published in PG 6847 Notice Number 377 dated 24 December 2010.

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

Limpopo Tourism Act, 2009

1. Limpopo Tourism Act, 2001 published for public comment in PG 1882 Notice Number 8 dated 24 December 2010.

2. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare certain portions of farms situated in the Waterberg and Vhembe districts, Limpopo Province, as a private nature reserve. Published in PG 1886 Notice Number 421 dated 24 December 2010.

Western Cape Province

3. Department of Environmental Affairs and Development Planning: Western Cape Draft Land Use Planning Ordinance Amendment Bill. Published in PG 6835 Notice Number 492 dated 17 December 2010.

KwaZulu-Natal Province

4. Draft procedures and standard terms and conditions for the keeping of animals in captivity. Published in PG 530 Notice Number 78 dated 17 December 2010.

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 5 January 2011)

• Before National Assembly Committees

➢ Rural Development and Land Reform General Amendment Bill (B33 - 2010)
➢ Merchant Shipping (Safe Containers Convention) Bill (B31 - 2010)
➢ Local Government: Municipal Systems Amendment Bill (B22 - 2010)
➢ Deeds Registries Amendment Bill (B13 - 2010)
➢ Traditional Courts Bill (B15 - 2008)
➢ Protection of Information Bill (B6 - 2010)
➢ Protection from Harassment Bill (B1 - 2010)
➢ Protection of Personal Information Bill (B9 - 2009)
➢ Constitution Seventeenth Amendment Bill (B8 - 2009)
➢ Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Bill (B3 - 2009)

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