SECTION A: ENVIRONMENTAL (NATIONAL)

National Environmental Management: Waste Act 59 of 2008

1. Notice of approval of an Integrated Industry Waste Tyre Management Plan from the Recycling and Economic Development Initiative of South Africa. Published in GG 35534 Notice Number 564 dated 23 July 2012.

National Water Act 36 of 1998

2. Breede-Overberg Catchment Management Agency: Proposed Catchment Management Strategy. Published in GG 35517 Notice Number 546 dated 20 July 2012.

3. New proposed nine Water Management Areas of South Africa. Published in GGF 35517 Notice Number 547 dated 20 July 2012.

Broad-Based Black Economic Empowerment Act 53 of 2003

4. Correction notice relating to the Codes of Good Practice. Published in GG 35506 Notice Number 548 dated 9 July 2012.

Promotion of Access to Information Act 2 of 2000

5. Manual in accordance with the Department of Justice and Constitutional Development. Published in GG 35497 dated 5 July 2012.

6. Description submitted in terms of section 15(1). Published in GG 35493 Notice Number 520 dated 5 July 2012.

Consumer Price Index

7. Consumer Price Index for June 2012. Published in GG 35535 Notice Number 591 dated 27 July 2012.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Occupational Health and Safety Act 85 of 1993

8. Notice of exemption in terms of section 40(1). Published in GG 35536 Notice Number 570 dated 27 July 2012.

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

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

9. Draft regulations relating to the reduction of sodium in certain foodstuffs and related matters. Published in GG 35509 Notice Number 533 dated 11 July 2012.

Medicines and Related Substances Act 101 of 1965

10. Draft amendment to the regulations relating to a transparent pricing system for medicines and scheduled substances. Published in GG 35481 Notice Number 510 dated 6 July 2012.

11. Draft schedule. Published in GG 35487 Notice Number 502 dated 2 July 2012.

National Environmental Management Act 107 of 1998

12. Invitation to comment on the notice of a scoping and environmental impact assessment for the proposed construction of the Aberdeen Droerivier 140 km 400 KV power line, Eastern Cape and Western Cape Provinces. Published in GG 35480 Notice Number 35480 Notice Number 533 dated 6 July 2012.

National Environmental Management: Biodiversity Act 10 of 2004

13. Draft publication of norms and standards for Biodiversity Management Plans for Ecosystems. Published in GG 35486 Notice Number 532 dated 2 July 2012.

Nuclear Energy Act 46 of 1999

14. Invitation to comment on the draft regulations regarding the qualifications of inspectors. Published in GG 35535 Notice Number 579 dated 27 July 2012.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

15. Draft amendment to the regulations governing irradiated foodstuffs. Published in GG 35518 Notice Number 519 dated 23 July 2012.

National Forests Act 36 of 1998

16. Invitation to submit written comments on the proposed list of particular trees and particular groups of trees “Champion Trees” under section 12(1). Published in GG 35517 Notice Number 563 dated 20 July 2012.

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

Free State Province

17. Setsoto Municipality: Cemeteries and Crematoria By-law. Published in PG 27 dated 13 July 2012.

18. Setsoto Municipality: Electricity Supply By-law. Published in PG 27 dated 13 July 2012.

19. Setsoto Municipality: Waste Management By-law. Published in PG 27 dated 13 July 2012.

20. Setsoto Municipality: Water Restrictions By-law. Published in PG 27 dated 13 July 2012.

Gauteng Province

21. Gauteng Transport Infrastructure Act 8 of 2001: Proclamation of the increase in width of a portion of the provincial railway line in connection with the Gautrain rapid Rail Link between Pretoria, Johannesburg and the OR Tambo International Airport: District Johannesburg. Published in PG 202 Notice Number 1738 dated 10 July 2012.

22. Gauteng Transport Infrastructure Act 8 of 2001: Proclamation of the increase and reduction of the width of portions of the provincial railway line in connection with the Gautrain rapid Rail Link between Pretoria, Johannesburg and the OR Tambo International Airport: District Johannesburg. Published in PG 211 Notice Number 1856 dated 24 July 2012.

23. Local Government: Municipal Systems Act 32 of 2000: City of Tshwane: Amendment of charges payment to the Municipality for the supply of electricity. Published in PG 197 Notice Number 534 dated 5 July 2012.

24. Gauteng Waste Information Regulations: 372 of 2004: List of registered persons. Published in PG 221 Notice Number 1933 dated 27 July 2012.

Limpopo Province

25. Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of charges in terms of section 75 of the by-law relating to the Control of Inflammable Liquids and Substances. Published in PG 2096 Notice Number 127 dated 11 July 2012.

26. Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of charges in terms of section 75 of the Electricity by-law. Published in PG 2096 Notice Number 129 dated 11 July 2012.

27. Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of charges in terms of section 75 of the Cemetery by-law. Published in PG 2096 Notice Number 130 dated 11 July 2012.

28. Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of charges in terms of section 75 of the Drainage by-law. Published in PG 2096 Notice Number 131 dated 11 July 2012.

29. Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of charges in terms of section 75 of the Buildings by-law. Published in PG 2096 Notice Number 133 dated 11 July 2012.

30. Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of charges in terms of section 75 of the Water Supply by-law. Published in PG 2096 Notice Number 136 dated 11 July 2012.

31. Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of charges in terms of section 75 of the Refuse Removal by-law. Published in PG 2096 Notice Number 141 dated 11 July 2012.

32. Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of charges in terms of section 75 of the Traffic by-law. Published in PG 2096 Notice Number 143 dated 11 July 2012.

Eastern Cape Province

33. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Compassberg Protected Environment in terms of section 28 of the Act. Published in PG 2785 Notice Number 38 dated 6 July 2012.

Northern Cape Province

34. Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000: Siyathemba Municipality: Water Services By-law. Published in PG 1617 Notice Number 52 dated 16 July 2012.

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

KwaZulu-Natal Province

35. KwaZulu-Natal Heritage Act 4 of 2008: Notice of intention to list the Rietfontein Farm, Ladysmith, as a heritage landmark. Published in PG 781 Notice Number 68 dated 11 July 2012.

36. KwaZulu-Natal Heritage Act 4 of 2008: Notice of intention to amend the schedule. Published in PG 781 Notice Number 69 dated 11 July 2012.

Free State Province

37. Notice call for public comment for the Mohokare Local Municipality: Draft Standard Advertising by-law. Published in PG 19 dated 29 June 2012.

38. Notice call for public comment for the Mohokare Local Municipality: Draft Standard Refuse Removal by-law. Published in PG 19 dated 29 June 2012.

39. Notice call for public comment for the Mohokare Local Municipality: Draft Standard Water Services by-law. Published in PG 19 dated 29 June 2012.

Gauteng Province

40. Local Government: Municipal Systems Act 32 of 2000: City of Johannesburg Metropolitan Municipality: Request for public comments on the Draft Waste Management By-law. Published in PG 218 Notice Number 992 dated 26 July 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 August 2012)

• Before National Assembly Committees

➢ Legal Practice Bill (B20 of 2012)
➢ Labour Relations Amendment Bill (B16 of 2012)
➢ Spatial Planning and Land Use Management Bill (B14 of 2012)
➢ National Environmental Management Laws Amendment Bill (B13 of 2012)
➢ Judicial Matters Amendment Bill (B11 of 2012)
➢ 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)

SECTION G: CASE LAW

The Federation for Sustainable Environment and The Silobela Concerned Community v The Minister Of Water Affairs The Director General: Water Affairs Acting Chief Director General Of Water Affairs Mpumalanga
(Case No: 35672/12 North Gauteng High Court, Pretoria 10 July 2012)
The Legal Resource Centre (LRC) and Lawyers for Human Rights (LHR) represented the Federation for Sustainable Environment (FSE) and the Silobela Concerned Community, in an urgent court application in terms of High Court Rule 6(12) seeking an immediate remedy to poor quality of water that was being supplied to the Mpumalanga town of Carolina and surrounding areas.

The Applicants claimed that the Respondents acted unlawfully in failing to provide access to effective/ reliable potable water for more than seven days, as prescribed by regulations 3(b) of the regulations relating to compulsory national standards and measures to conserve water (GN 509 in GG 22355 (8 June 2001)) to the residents of Silobela, Caropark and Carolina Town in Carolina.

The Applicants further prayed that the respondents provide temporary potable water in line with regulations 3(b) of the regulations relating to compulsory national standards and measures to conserve water (GN 509 in GG 22355 (8 June 2001)) to the residents within 24 hours of the order of the court.

Furthermore the Applicants sought an order that compelled the Respondents to engage actively and meaningfully with the Applicants regarding the steps being taken to ensure that potable water can once again be supplied through the water supply services and where, when, what volume, and how regularly temporary water will be made available in the interim. Lastly the Applicant asked for an order that Directs the Respondents to report back to court within one month and explain the measures that have been taken to ensure that portable water is supplied to these communities.

Judge Mavundla ordered the Gert Sibande Municipality in Mpumalanga to provide temporary potable water to the residents of Silobela, Caropark and Carolina, within 72 hours. The court further compelled the municipality to "actively and meaningfully" engage the community and the FSE in order to find a lasting solution to the problem. Finally, the court ordered the Municipality to report back to court within one month on the measures taken to ensure clean water was being supplied to the affected areas

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