SECTION A: ENVIRONMENTAL (NATIONAL)

National Environmental Management: Protected Areas Act 57 of 2003

1. Regulations relating to the proper administration of nature reserves. Published in GG 35021 Notice Number 99 dated 8 February 2012.

National Environmental Management Act 107 of 1998

2. Sub-delegation of authority to issue permits relating to the bio-prospecting activities involving indigenous biological resources and export from the republic of the indigenous biological resources for the purposes of bio-prospecting. Published in GG 35082 Notice Number 147 dated 27 February 2012.

Genetically Modified Organisms Act 15 of 1997

3. Tariffs for service. Published in GG 35006 Notice Number 94 dated 10 February 2012.

4. Amendment to the fees payable table of the regulations. Published in GG 35007 Notice Number 88 dated 10 February 2012.

Broad-Based Black Economic Empowerment Act 53 of 2003

5. Codes of Good Practice. Published in GG 35013 Notice Number 103 dated 7 February 2012.

National Energy Act 34 of 2008

6. Commencement date of sections 1, 2, 3, 4, 5, 20 and 21 the Act is 1 March 2012. Published in GG 35053 Notice Number 10 dated 24 February 2012.

7. Regulations relating to the mandatory provision of energy data. Published in GG 35069 Notice Number 142 dated 24 February 2012.

Agricultural Pests Act 36 of 1983

8. Amendment to the control measures. Published in GG 35054 Notice Number 129 dated 24 February 2012.

9. Amendment to the fees payable table of the regulations. Published in GG 35054 Notice Number 130 dated 24 February 2012.

Promotion of Access to Information Act 2 of 2000

10. Description submitted in terms of section 15(1) of the Act: Theewaterskloof Municipality. Published in GG 35054 Notice Number 131 dated 24 February 2012.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Occupational Health and Safety Act 85 of 1993

11. Incorporation of Health and Safety Standards into the Pressure Equipment Regulations, 2009. Published in GG 34995 Notice Number 79 dated 3 February 2012.

National Regulator for Compulsory Specification Act 5 of 2008

12. Amendment to the specification for cord sets, interconnection cord sets and cord extension sets (VC 8029). Published in GG 34983 Notice Number 69 dated 3 February 2012.

National Health Act 61 of 2003

13. Commencement date of sections 11, 35, 41, 42, 43, 44, 45, 46, 50, 51, 54, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66; 67, 71, and 93 the Act is 1 March 2012. Published in GG 35081 Notice Number 11 dated 11 February 2012.

National Water Act 36 of 1998

14. Regulations relating to the safety of dams. Published in GG 35062 Notice Number 139 dated 24 February 2012.

Firearms Control Amendment Act 28 of 2006

15. The following provisions of the Act came into effect on 1 March 2012 (published in GG 35047 Notice Number 9 dated 17 February 2012):
a. the following paragraphs of section 1: Paragraph (c) (the definition of "calibre"); paragraph (f) (amendment of the definition for "firearm"), paragraph (h) (substitution for the definition of "juristic person"); and paragraph (l) (the insertion for the definition of "professional hunter"); and
b. sections 3; 6; 7; 12; 13; 14; 15; 19; 26; 27; 49; 50 and 51.

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

National Environmental Management: Protected Areas Act 57 of 2003

16. Draft Biodiversity Policy and Strategy for South Africa: strategy on buffer zones for national parks: published for general information in GG 35020 Notice Number 106 dated 8 February 2012.

National Railway Safety Regulator Act 15 of 2002

17. Draft determination of safety permit fees under section 3(2)(a) of the Act. Published in GG 35006 Notice Number 99 dated 10 February 2012.

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

18. Proposed amendment to the regulations relating to fertilizers, farm feeds, agricultural remedies stock remedies, sterilising plants and pest control operators, appeals and imports. Published in GG 35007 Notice Number 85 dated 10 February 2012.

Mineral and Petroleum Resources Development Act 28 of 2002

19. Further invitation for representations from relevant stakeholders on proposed restriction under section 49(1) of the Act, on granting of new reconnaissance permissions prospecting rights, mining rights and mining permits in respect of certain land. Published in GG 35011 Notice Number 84 dated 6 February 2012.

Merchant Shipping Act 57 of 1951

20. Draft Merchant Shipping (Training and Certification)(Fishing and Marine Motorman Qualifications) Regulations, 2012: published for public comment in GG 35004 Notice Number 83 dated 6 February 2012.

21. Draft Merchant Shipping Training and Certification Amendment Regulations, 2012: Published for public comment in GG 34003 Notice Number 82 dated 6 February 2012.

22. Draft Merchant Shipping (Safe Manning Amendment) Regulations, 2012: Published for public comment in GG 34002 Notice Number 81 dated 6 February 2012.

National Regulator for Compulsory Specification Act 5 of 2008

23. Proposed introduction of a new compulsory specification for pressurised paraffin filled appliances (VC 9093). Published in GG 34983 Notice Number 68 dated 3 February 2012.

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

Western Cape Province

24. Swartland Municipality: Waste Management By-law. Published in PG 6935 dated 15 December 2011.

Gauteng Province

25. Gauteng Transport Infrastructure Act 8 of 2001: Proclamation of the increase in width of a portion of the provincial of the provincial railway line in connection with the Gautrain Rapid Rail Link Project between Pretoria, Johannesburg and the OR Tambo International Airport: District Kempton Park. Published in PG 23 Notice Number 266 dated 3 February 2012.

26. Gauteng Transport Infrastructure Act 8 of 2001: Amendment of Notice 295 of 2011 in the Provincial Gazette 15 of 2011 dated 28 January 2011 in connection with the Gautrain Rapid Rail Link Project. Published in PG 35 Notice Number 391 dated 17 February 2012.

27. Disaster Management Act 57 of 2002: Ekurhuleni Metropolitan Municipality: extension of declaration of a local state of disaster. Published in PG 21 Notice Number 127 dated 1 February 2012.

Eastern Cape Province

28. Local Government: Municipal Systems Act 32 of 2000: Engcobo Municipality: Waste Management By-law. Published in PG 2698 Notice Number 4 dated 10 February 2012.

29. Local Government: Municipal Systems Act 32 of 2000: Engcobo Municipality: Control over Buildings By-law. Published in PG 2698 Notice Number 8 dated 10 February 2012.

30. Local Government: Municipal Systems Act 32 of 2000: Engcobo Municipality: Unsightly and Neglected Buildings By-law. Published in PG 2698 Notice Number 9 dated 10 February 2012.

31. Local Government: Municipal Systems Act 32 of 2000: Engcobo Municipality: Cemeteries By-law. Published in PG 2698 Notice Number 12 dated 10 February 2012.

32. Local Government: Municipal Systems Act 32 of 2000: Engcobo Municipality: Accommodation Establishment By-law. Published in PG 2698 Notice Number 14 dated 10 February 2012.

33. Local Government: Municipal Systems Act 32 of 2000: Engcobo Municipality: Swimming Pool By-law. Published in PG 2698 Notice Number 15 dated 10 February 2012.

34. Local Government: Municipal Systems Act 32 of 2000: Engcobo Municipality: Lease of Municipal Halls By-law. Published in PG 2698 Notice Number 16 dated 10 February 2012.

35. Local Government: Municipal Systems Act 32 of 2000: Engcobo Municipality: Advertising Signs By-law. Published in PG 2698 Notice Number 20 dated 10 February 2012.

Mpumalanga Province

36. Constitution of the Republic of South Africa 108 of 1996: Steve Tshwete Local Municipality: Fire Brigade Services By-law. Published in PG 2014 Notice Number 53 dated 24 February 2012.

37. Constitution of the Republic of South Africa 108 of 1996: Steve Tshwete Local Municipality: Petroleum Products By-law. Published in PG 2014 Notice Number 54 dated 24 February 2012.

38. Constitution of the Republic of South Africa 108 of 1996: Steve Tshwete Local Municipality: Community Halls By-law. Published in PG 2015 Notice Number 51 dated 24 February 2012.

39. Mpumalanga Nature Conservation Act 10 of 1998: Open season: ordinary game. Published in PG 2016 Notice Number 1 dated 24 February 2012.

Northern Cape Province

34. Northern Cape Planning and Development Act 7 of 1998: Joe Morolong Municipality: Development of the Spatial Development Framework. Published in PG 1577 Notice Number 13 dated 24 February 2012.

40. Northern Cape Planning and Development Act 7 of 1998: Renosterberg Municipality: Development of the Spatial Development Framework. Published in PG 1577 Notice Number 14 dated 24 February 2012.

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

Northern Cape Province

35. Northern Cape Planning and Development Act 7 of 1998: John Taolo Gaetsewe District Municipality: Draft District Spatial Development Framework/Land Development Plan. Published in PG 1574 Notice Number 11 dated 13 February 2012.

KwaZulu-Natal Province

36. National Environmental Management: Integrated Coastal Management Act 24 of 2008: Public consultation – intention to declare nature reserves. Published in PG 709 Notice Number 28 dated 23 February 2012.

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 March 2012)

• Before National Assembly Committees

➢ National Health Amendment Bill (B24 of 2011)
➢ South African Weather Services Amendment Bill (B22 of 2011)
➢ Constitution Eighteenth Amendment Bill (B8 of 2011)
➢ Protection of Personal Information Bill (B9 - 2009)
➢ Constitution Seventeenth Amendment Bill (B8 - 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