WARBURTON ATTORNEYS MONTHLY SUSTAINABILITY LEGISLATION, REGULATION AND PARLIAMENTARY UPDATE - JUNE 2010

SECTION A: ENVIRONMENTAL (NATIONAL)

National Water Act 36 of 1998

1. Restrictions on the use of water for agricultural use and for use by the Nelson Mandela Bay Municipality from the Gamtoos River Government Water Scheme, from the Kromme River Government Water Scheme, from the Churchill Dam on the Kromme River and in the Fish-to-Tsitsikamma Water Management Area in the Eastern Cape Province. Published in GG 33290 Notice Number 514 dated 10 June 2010.

2. Restrictions on the use of domestic water in the municipalities of Beaufort West and Hessequa in the Western Cape. Published in GG 33325 Notice Number 565 dated 24 June 2010.

Promotion of Access to Information Act 2 of 2000

3. Description of automatically available records and access to such records submitted by the Department of Co-operative Governance and Traditional Affairs in terms of section 15(1). Published in GG 33265 Notice Number 501 dated 11 June 2010.

4. Manual published by the Export Credit Insurance Corporation of South Africa Ltd in accordance with section 14 of the Act regarding access to information. Published in GG 33320 dated 25 June 2010.

National Environmental Management Act 107 of 1998

5. Environmental Impact Assessment Regulations 2010. Published in GG 33306 Notice Number 543 dated 18 June 2010.

6. Listing Notice 1: List of Activities and Competent Authorities identified in terms of section 24(2) and 24D. Published in GG 33306 Notice Number 546 dated 18 June 2010.

7. Listing Notice 2: List of Activities and Competent Authorities identified in terms of section 24(2) and 24D. Published in GG 33306 Notice Number 545 dated 18 June 2010.

8. Listing Notice 3: List of Activities and Competent Authorities identified in terms of section 24(2) and 24D. Published in GG 33306 Notice Number 544 dated 18 June 2010.

SECTION B: SAFETY AND HEALTH (NATIONAL)

National Nuclear Regulator Act 47 of 1999

9. Eskom: Notice of application for nuclear vessel licence in terms of section 21(3). Published in GG 33262 Notice Number 545 dated 4 June 2010.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

10. Amendment to the regulations regarding the maximum limit for pesticide residues that may be present in foodstuffs. Published in GG 33307 Notice Number 548 dated 17 June 2010.

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

11. Amendment to the Farm Feeds Regulations. Published in GG 33310 Notice Number 552 dated 25 June 2010.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL

Draft National Legislation and Regulations

National Building Regulations and Building Standards Act 103 of 1977

12. Proposed introduction of a regulation for the environmental sustainability of buildings. Published for public comment in GG 33265 Notice Number 504 dated 11 June 2010.

National Environmental Management: Waste Act 59 of 2008

13. Draft National Waste Management Strategy. Published for public comment in GG 33277 Notice Number 575 dated 8 June 2010.

14. Draft Guiding Document on the preparation of Industry Waste Management Plans. Published for public comment in GG 33264 Notice Number 573 dated 11 June 2010.

National Environmental Management Act 107 of 1998

15. Publication of Draft Implementation Guidelines: (a) Companion document for the EIA Regulations 2010, (b) Public Participation Guide, and (c) Environmental Management Framework Guidelines. Published for public comment in GG 33308 Notice Number 603 dated 18 June 2010.

16. Publication of Draft Implementation Guidelines: Sector Guidelines for the EIA Regulations. Published for public comment in GG 33333 Notice Number 654 dated 29 June 2010.

17. Draft Environmental Management Framework Regulations 2010. Published for public comment in GG 33306 Notice Number 547 dated 18 June 2010.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL

Provincial Legislation and Municipal By-Laws

Gauteng Province

18. Gauteng Transport Infrastructure Act 8 of 2001: Notice of expropriation of a tunnel servitude in respect of the Gautrain Rapid Rail Link between Park Station (Johannesburg) and Sandton Station. Published in PG 104 Notice Number 1591 dated 2 June 2010.

19. Gauteng Transport Infrastructure Act 8 of 2001: Withdrawal of notice: Notice 1337 of 2010, provincial gazette extraordinary no. 80 of 11 May 2010. Published in PG 104 Notice Number 1590 dated 2 June 2010.

20. Gauteng Transport Infrastructure Act 8 of 2001: Implementation of the Preliminary Design for the Gautrain Rapid Rail Link Phase 2: Section 3 Marlboro Area (Sunflower Crescent to Far East Bank Road). Published in PG 119 Notice Number 1800 dated 23 June 2010.

21. West Rand District Municipality: Withdrawal Notice regarding fines related to and published with by-laws regarding Fire Brigade Services. Published in PG 108 Notice Number 807 dated 16 June 2010.

22. Rationalisation of Local Government Affairs Act 10 of 1998, Local Government Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa 108 of 1996: City of Tshwane: Health By-law for Child Care Services. Published in PG 111 Notice Number 808 dated 16 June 2010.

KwaZulu Natal Province

23. National Environmental Management: Protected Areas Act 57 of 2003: Kwa-Zulu Natal Nature Conservation Board: Consultation process with the intent to declare the Mbona Private Nature Reserve, Hawaan Forest Estate, Hilton College, Somkhanda Game Reserve and Gelijkwater Misbelt Nature Reserves. Published in PG 436 Notice Number 76 dated 3 June 2010.

24. National Environmental Management: Protected Areas Act 57 of 2003: Kwa-Zulu Natal Nature Conservation Board: Consultation process with the intent to declare the Mpushini Protected Environment. Published in PG 436 Notice Number 77 dated 3 June 2010.

25. Promotion of Access to Information Act 2 of 2000: Greater Kokstad Municipality: Access to Information Manual. Published in PG 463 Notice Number 49 dated 29 June 2010.

Western Cape Province

26. Stellenbosch Municipality: By-law on Streets. Published in PG 6756 dated 4 June 2010.

27. Green Paper on Greening the Procurement of Goods and Services in the Provincial Government of the Western Cape. Published in PG 6733 dated 15 June 2010.

28. Eden District Municipality: Declaration of a Local Disaster. Published in PG 6757 Notice Number 236 dated 11 June 2010.

29. Knysna Municipality: Repeal of the by-law relating to the control of accommodation establishments on properties zoned for single residential purposes as well as the rates by-law, 2008. Published in PG 6765 dated 25 June 2010.

Eastern Cape Province

30. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa 108 of 1996: Tsolwana Local Municipality: By-law in respect of the control of Temporary Advertisements. Published in PG 2384 Notice Number 84 dated 18 June 2010.

31. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa 108 of 1996: Tsolwana Local Municipality: By-law relating to Cemeteries. Published in PG 2384 Notice Number 78 dated 18 June 2010.

32. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa 108 of 1996: Tsolwana Local Municipality: By-law relating to Open Spaces. Published in PG 2384 Notice Number 76 dated 18 June 2010.

33. Constitution of the Republic of South Africa 108 of 1996: Amathole District Municipality: Water Supply and Sanitation Services By-law. Published in PG 2378 Notice Number 70 dated 9 June 2010.

34. Constitution of the Republic of South Africa 108 of 1996: Amathole District Municipality: Waste Management By-law. Published in PG 2378 Notice Number 69 dated 9 June 2010.

35. Constitution of the Republic of South Africa 108 of 1996: Amathole District Municipality: Municipal Health By-law. Published in PG 2378 Notice Number 66 dated 9 June 2010.

36. Constitution of the Republic of South Africa 108 of 1996: Amathole District Municipality: Fire Safety By-law. Published in PG 2378 Notice Number 65 dated 9 June 2010.

37. Constitution of the Republic of South Africa 108 of 1996: Amathole District Municipality: Disaster Management By-law. Published in PG 2378 Notice Number 64 dated 9 June 2010.

38. Constitution of the Republic of South Africa 108 of 1996: Amathole District Municipality: Air Pollution Control By-law. Published in PG 2378 Notice Number 63 dated 9 June 2010.

SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL

Draft Provincial Legislation and Municipal By-Laws

Gauteng Province

39. City of Johannesburg: Draft amendment to the Public Roads and Miscellaneous By-law to provide for parking meters. Published for public comment in PG 102 Notice Number 742 dated 2 June 2010.

40. City of Johannesburg: Draft amendment to the Public Roads and Miscellaneous By-law to incorporate the right of way for electronic communication facilities. Invitation to comment in PG 118 Notice Number 1801 dated 21 June 2010.

41. Local Government: Municipal Systems Act 32 of 2000: West Rand District Municipality: Draft Municipal By-law. Published in PG 108 Notice Number 808 dated 16 June 2010.

Western Cape Province

42. Western Cape Health Care Waste Management Amendment Bill (Bill 3 of 2010). Published in PG 6753 Notice Number 230 dated 28 May 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/)

Sustainability Related Legislative Programme: Parliament of South Africa

BILLS BEFORE PARLIAMENT: (as of 1 July 2010)

• Before National Assembly Committees

- Land Use Management Bill (B27 of 2008)

- Prevention of Illegal Eviction from Unlawful Occupation of Land Amendment Bill (B8 - 2008)

- National Health Amendment Bill (B65 - 2008)

- Medicines and Related Substances Amendment Bill (B44 - 2008)

- Prevention of and Treatment for Substance Abuse Bill (B12 - 2008)

- Built Environment Professions Bill (B53 - 2008)

- South African National Water Resources Infrastructure Agency Limited Bill (B36 - 2008)

- Cross Boundary Municipalities Law Repeal Bill (B3 of 2009)

- Criminal Law (Forensic Procedures) Amendment Bill (B2 of 2009)

- South African Post Bank Bill (14 of 2009)

- South African Post Office Bill (2 of 2010)

- South African Reserve Bank Bill (10 of 2010)

- Intellectual Property Laws Amendment Bill (8 of 2010)

- Draft Taxation Laws Amendment Bills (10 & 11 of 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: admin@warburtons.co.za