SECTION A: ENVIRONMENTAL (NATIONAL)

National Water Act 36 of 1998

1. Transformation of the Zanyokwe Irrigation BeScheme into the Masikahnye Water User Association, Eastern Cape Province, Keiskamma to Mzlmvubu Water Management Area No.12. Published in GG 34670 Notice Number 863 dated 14 October 2011.

National Environmental Management Act 107 of 1998

2. Adoption of the Environmental Management Framework for the Waterberg District Municipality. Published in GG 34651 Notice Number 833 dated 7 October 2011.

National Forests Act 84 of 1998

3. Correction notice: transfer of administration of powers and functions entrusted by the Act to the Minister of Agriculture, Forestry and Fisheries in terms of section 97 of the Constitution of the Republic of South Africa, 108 of 1996. Published in GG 34683 Notice Number 871 dated 21 October 2011.

National Climate Change Response White Paper, 2011

4. Published in GG 34695 Notice Number 757 dated 19 October 2011.

Promotion of Access to Information Act 2 of 2000

5. Manual in accordance with the Act: Public Service Commission and the office of the Public Service Commission. Published in GG 34701 dated 27 October 2011.

6. Manual in accordance with the Act: Public Service Commission and the office of the Public Service Commission. Published in GG 34700 dated 27 October 2011.

Consumer Protection Act 68 of 2008

7. Notice to revoke the application of the Consumer Protection Act to municipalities. Published in GG 34724 Notice Number 898 dated 31 October 2011.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Medicines and Related Substances Act 101 of 1965

8. Medicines Control Council: Conditions of registration of a medicine in terms of the provisions of section 15(7). Published in GG 34702 Notice Number 761 dated 28 October 2011.

9. General regulations published for general information. Published in GG 34693 Notice Number 875 dated 19 October 2011.

Trade Metrology Act 77 of 1973

10. Amendment of Part 2 of the Trade Metrology Regulations. Published in GG 34704 Notice Number 887 dated 28 October 2011.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

11. Regulations relating to the prohibition of the manufacturing, importation, exportation and sale of polycarbonate infant feeding bottles containing Bisphenol A. Published in GG 34698 Notice Number 879 dated 21 October 2011.

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

National Environmental Management Act 107 of 1998

12. Proposed adoption of the Environmental Management Framework for the Olifants-Letaba Catchment Area. Published in GG 34670 Notice Number 852 dated 14 October 2011.

Marine Living Resources Act 18 of 1998

13. Draft regulations relating to fishing in the estuary of the Breede River. Published in GG 34652 Notice Number 827 dated 7 October 2011.

National Road Traffic Act 93 of 1996

14. Publication for comments on the incorporation of Standard Specifications SANS 1518:2011 and SANS 10233:2011 into the National Road Traffic Regulations, 2000. Published in GG 34709 Notice Number 763 dated 24 October 2011.

15. Publication for comments on the incorporation of Standard Specifications into the National Road Traffic Regulations, 2000. Published in GG 34709 Notice Number 764 dated 24 October 2011.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

16. Draft regulations relating to the use of sweetners in foodstuffs and related matters. Published in GG 34699 Notice Number 880 dated 21 October 2011.

Petroleum Products Act 120 of 1977

17. Draft amendment to the regulations regarding Petroleum Products Specifications and Standards. Published in GG 34681 Notice Number 740 dated 17 October 2011.

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

KwaZulu-Natal Province

18. Local Government: Municipal, Systems Act 32 of 2000: Umuziwabantu Municipality: Outdoor Advertising By-law. Published in PG 645 Notice Number 118 dated 10 October 2011.

19. Local Government: Municipal, Systems Act 32 of 2000: Umuziwabantu Municipality: Refuse Removal and Disposal By-law. Published in PG 645 Notice Number 120 dated 10 October 2011.

20. Local Government: Municipal, Systems Act 32 of 2000: Umuziwabantu Municipality: Public Roads By-law. Published in PG 645 Notice Number 121 dated 10 October 2011.

21. Local Government: Municipal, Systems Act 32 of 2000: Umuziwabantu Municipality: Storm Water Management By-law. Published in PG 645 Notice Number 122 dated 10 October 2011.

22. uThungulu District Municipality: Report on Drought Intervention for the Ambanana and sections of Mfolozi Municipalities. Published in PG 646 Notice Number 125 dated 7 October 2011.

Gauteng Province

23. Disaster Management Act 57 of 2002: Ekurhuleni Metropolitan Municipality: Declaration of a local state of disaster: Duduza Extension 2 (Maseshabal Cool Breeze) Township. Published in PG 230 Notice Number 1273 dated 5 October 2011.

24. West Rand District Municipality: Air Quality Management and Waste Management By-law. Published in PG 237 Notice Number 1320 dated 19 October 2011.

25. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional protection: Magaliesberg Station Masters House, Magaliesberg. Published in PG 247 Notice Number 2832 dated 24 October 2011.

26. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional protection: Chancellor House, Ferrairasdorp. Published in PG 247 Notice Number 2833 dated 24 October 2011.

27. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional protection: The Tom Jenkins Drive, Rietondale. Published in PG 247 Notice Number 2834 dated 24 October 2011.

28. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional protection: Winchester House, Houghton Estate. Published in PG 247 Notice Number 2835 dated 24 October 2011.

29. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional protection: Patel House, Surtee’s Building, Pageview. Published in PG 247 Notice Number 2837 dated 24 October 2011.

30. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional protection: House Ghyoot, Waterkloof Ridge. Published in PG 247 Notice Number 2838 dated 24 October 2011.

31. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional protection: Stuttafords, Pritchard Street, Johannesburg. Published in PG 247 Notice Number 2839 dated 24 October 2011.

32. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional protection: Unington House, Saxonwold. Published in PG 247 Notice Number 2840 dated 24 October 2011.

33. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional protection: Anton von Wouw House, New Doornfontein. Published in PG 247 Notice Number 2841 dated 24 October 2011.

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

Limpopo Province

34. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare certain portions of farms situated in the Waterberg District: Limpopo Province: as a nature reserve. Published in PG 1994 Notice Number 308 dated 5 October 2011.

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 1 November 2011)

• Before National Assembly Committees

➢ Constitution Seventeenth Amendment Bill (B6 - 2011)
➢ Appropriation Bill (B3 – 2011)
➢ Protection of Information Bill (B6 - 2010)
➢ Protection from Harassment Bill (B1 - 2010)
➢ Protection of Personal Information Bill (B9 - 2009)
➢ National Health Amendment Bill (B65 of 2008)
➢ South African National Water Resources Infrastructure Agency Limited Bill (B36 of 2008)

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

Notes:
IMBEWU Sustainability Legal Specialists (Pty) Ltd.