SECTION A: ENVIRONMENTAL (NATIONAL)

National Water Act 36 of 1998

1. Restrictions on the use of water for domestic, industrial and agricultural use from the Algoa Water Supply System, in the Fish-to-Tsitsikamma Water Management Area (WMA 14) in the Eastern Cape Province. Published in GG 34505 Notice Number 640 dated 5 August 2011.

Constitution of the Republic of South Africa, 1996, Stock Theft Act 57 of 1959 and Game Theft Act 105 of 1991

2. Transfer of functions under section 97. Published in GG 34535 Notice Number 46 dated 19 August 2011.

Promotion of Access to Information Act 2 of 2000

3. Manual in accordance with the Act: Manual for Wilson Bayly Holmes-Ovcon Limited (including all its subsidiaries). Published in GG 34551 dated 26 August 2011.

4. Description submitted in terms of section 15(1) – Sport and Recreation South Africa. Published in GG 34541 Notice Number 674 dated 26 August 2011.

5. Description submitted in terms of section 15(1) – Council for Medical Schemes. Published in GG 34541 Notice Number 675 dated 26 August 2011.

SECTION B: SAFETY AND HEALTH (NATIONAL)

National Regulator for Compulsory Specifications Act 5 of 2008

1. Amendment to the regulations relating to the payment of levy and fees with regard to compulsory specifications. Published in GG 34494 Notice Number 626 dated 5 August 2011.

2. Regulations relating to the payment of levy and fees with regard to compulsory specifications. Published in GG 34494 Notice Number 628 dated 5 August 2011.

3. Correction notice for motor vehicles of category M1. Published in GG 34494 Notice Number 629 dated 5 August 2011.

4. Correction notice for motor vehicles of category N1. Published in GG 34494 Notice Number 630 dated 5 August 2011.

5. Correction notice to the compulsory specification for electrical and electronic apparatus. Published in GG 34494 Notice Number 631 dated 5 August 2011.

Trade Metrology Act 77 of 1973

6. Regulations relating to the tariff of fees charged for services rendered by the National Regulator for Compulsory Specifications (NRCS). Published in GG 34494 Notice Number 627 dated 5 August 2011.

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

National Environmental Management Laws Amendment Bill, 2011

7. The Minister of Water and Environmental Affairs has published the National Environmental Management Laws Amendment Bill for public comment. Published in GG 34558 Notice Number 586 dated 26 August 2011.

National Health Act 61 of 2003

8. Draft policy on the National Health Insurance. Published in GG 34523 Notice Number 657 dated 12 August 2011.

9. Draft regulations relating to categories of hospitals. Published in GG 34521 Notice Number 655 dated 12 August 2011.

10. Draft policy on the management of hospitals. Published in GG 34522 Notice Number 656 dated 12 August 2011.

National Department of Health

11. National Environmental Health Policy: Invitation for public comments in GG 34499 Notice Number 517 dated 3 August 2011.

National Environmental Management: Air Quality Act 39 of 2004

12. Proposed national ambient air quality standard for particulate matter of aerodynamic diameter less than 2.5 micron meters. Published in GG 34493 Notice Number 515 dated 5 August 2011.

National Environmental Management: Protected Areas Act 57 of 2008

13. Nominations for the appointment of suitable persons to serve as members of the Board of South African National Parks. Published in GG 34493 Notice Number 516 dated 5 August 2011.

Medicines and Related Substances Act 101 of 1965

14. Proposed regulations relating to a transparent pricing system for medicines and schedules substances (single exit price adjustment for the year 2012). Published for public comment in GG 34537 Notice Number 669 dated 19 August 2011.

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

Gauteng Province

15. Disaster Management Act 57 of 2002: Ekurhuleni Metropolitan Municipality: Extension of declaration of a local state of disaster. Published in PG 176 Notice Number 1008 dated 8 August 2011.

16. Local Government: Municipal Systems Act 32 of 2000: City of Johannesburg Metropolitan Municipality: Amendment to the Public Roads and Miscellaneous By-law. Published in PG 173 Notice Number 2126 dated 10 August 2011.

17. Local Government: Municipal Systems Act 32 of 2000: City of Johannesburg Metropolitan Municipality: Amendment to the Public Health By-law. Published in PG 167 Notice Number 2076 dated 3 August 2011.

18. Local Government: Municipal Systems Act 32 of 2000: City of Johannesburg: Amendment to the Emergency Services By-law. Published in PG 194 Notice Number 1118 dated 31 August 2011.

Western Cape Province

19. City of Cape Town: Animal By-law. Published in PG 6896 dated 5 August 2011.

20. City of Cape Town: Cemeteries, Crematoria and Funeral Undertakers By-law. Published in PG 6898 dated 12 August 2011.

Northern Cape Province

21. Local Government: Municipal Structures Act 117 of 1998: Correction notice: inclusion of District Management Area into various local municipalities. Published in PG 1539 Notice Number 71 dated 23 August 2011.

Limpopo Province

22. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Correction notice relating to the determination of charges for the Water Supply By-laws. Published in PG 1972 Notice Number 3 dated 26 August 2011.

KwaZulu-Natal Province

23. uPhongolo Municipality: Tariff of charges: Refuse. Published in PG 622 Notice Number 101 dated 22 August 2011.

24. uPhongolo Municipality: Tariff of charges: Electricity. Published in PG 622 Notice Number 102 dated 22 August 2011.

25. uPhongolo Municipality: Tariff of charges: Aerodrome. Published in PG 622 Notice Number 106 dated 22 August 2011.

26. Ulundi Municipality: Electricity Supply By-law. Published in PG 623 Notice Number 91 dated 22 August 2011.

27. Ulundi Municipality: Outdoor Advertising By-law. Published in PG 623 Notice Number 92 dated 22 August 2011.

28. Ulundi Municipality: Property Encroachment By-law. Published in PG 623 Notice Number 93 dated 22 August 2011.

29. Ulundi Municipality: Public Roads By-law. Published in PG 623 Notice Number 94 dated 22 August 2011.

30. Ulundi Municipality: Stormwater Management By-law. Published in PG 623 Notice Number 95 dated 22 August 2011.

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

KwaZulu-Natal Province

35. Local Government: Municipal Structures Act 117 of 1998: Notice in terms of section 16(3)(c): Mtubatuba and Uphongolo Municipalities. Published in PG 617 Notice Number 85 dated 12 August 2011.

Northern Cape Province

36. Proposed Northern Cape Consumer Protection Bill. Published for public comment in PG 1534 Notice Number 64 dated 4 August 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 August 2011)

• Before National Assembly Committees

➢ Constitution Eighteenth Amendment Bill (B8 – 2011)
➢ Constitution Seventeenth Amendment Bill (B6 - 2011)
➢ Science and Technology Laws Amendment Bill (B5 – 2011)
➢ Appropriation Bill (B3 – 2011)
➢ 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)
➢ Protection of Information Bill (B6 - 2010)
➢ Protection from Harassment Bill (B1 - 2010)
➢ Protection of Personal Information Bill (B9 - 2009)
➢ Protection of State Information Bill (B6 of 2010)
➢ 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