National Water Act 36 of 1998

1. Restrictions on the use of domestic and industrial water in the municipalities of Hessequa, Mossel Bay, George, Kynsna and Bitou in the Eden District Municipal Area in the Western Cape Province. Published in GG 34349 Notice Number 498 dated 10 June 2011.

2. Transformation of the Leeuw River Irrigation Board, into the Leeuw River Water User Association, water management area number 13, Free State Province. Published in GG 34362 Notice Number 516 dated 17 June 2011.

Marine Living Resources Act 18 of 1998

3. Recognition of the Fresh Tuna Exporters Association as an industrial body in terms of section 8 of the Act. Published in GG 34341 Notice Number 478 dated 3 June 2011.

4. Recognition of the South African Association of Seafood Importers and Exporters as an industrial body in terms of section 8 of the Act. Published in GG 34341 Notice Number 479 dated 3 June 2011.

5. Recognition of the St. Helenabaai Vissersgemeenskaps Forum as an industrial body in terms of section 8 of the Act. Published in GG 34341 Notice Number 480 dated 3 June 2011.

National Environmental Management: Biodiversity Act 10 of 2004

6. Biodiversity management plan for Albany Cycad, Encephalartos Latifrons. Published in GG 34388 Notice Number 416 dated 24 June 2011.

Consumer Protection Act 68 of 2008

7. Rules regulating the functioning of the National Consumer Commission. Published in GG 34348 Notice Number 489 dated 3 June 2011.

8. Notice to exempt banks from the provisions of section 14 of the Act. Published in GG 34399 Notice Number 532 dated 27 June 2011.

9. Notice to exempt the Pension Fund Industry, the Collective Investment Schemes Industry and the Security Services Industry. Published in GG 34400 Notice Number 533 dated 27 June 2011.

10. Amendment to the regulations for matters relating to the functions of the tribunal rules for the conduct of matters before the National Consumer Tribunal. Published in GG 34405 Notice Number 428 dated 29 June 2011.

Environmentally Sound Management of Hazardous Waste and Other Wastes

11. Agreement between the Government of the Republic of South Africa and the African Institute for Environmentally Sound Management of Hazardous Waste and Other Wastes on the establishment of an office of the African Institute for environmentally sound management of hazardous and other wastes in South Africa. Published in GG 34333 Notice Number 321 dated 3 June 2011.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Medicines and Related Substances Act 101 of 1965

12. Exclusion of certain medicines from the operation of certain provisions of the Act. Published in GG 34358 Notice Number 499 dated 8 June 2011.

13. Exclusion of certain medicines from the operation of certain provisions of the Act. Published in GG 34358 Notice Number 500 dated 8 June 2011.

National Road Traffic Act 93 of 1996

14. Amendment to the National Road Traffic Regulations. Published in GG 34407 Notice Number 541 dated 29 June 2011.

National Regulator for Compulsory Specifications Act 5 of 2008

15. Introduction of the compulsory specification for personal protective equipment: safety footwear – VC9002. Published in GG 34395 Notice Number 534 dated 1 July 2011.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

16. Annual increase in medical tariffs for medical service providers, pharmacies and hospital groups. Published in GG 34370 Notice Number 520 dated 14 June 2011.

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

National Nuclear Regulator Act 47 of 1999

17. Notice of application in terms of section 21(3). Published in GG 34349 Notice Number 337 dated 10 June 2011.

18. Invitation for public comments on NERSA Consultation Document: Eurostal as an alternative data source to replace W & I in price cap calculation. Published in GG 34394 Notice Number 420 dated 1 July 2011.

Civil Aviation Act 13 of 2009

19. Proposed amendment to the Civil Aviation Security Regulations, 2011. Published in GG 34354 Notice Number 332 dated 6 June 2011.

National Policy for the Provision of Basic Refuse Removal Services for Indigent Households

20. Published for general information by the Department of Environmental Affairs. Published in GG 34285 Notice Number 413 dated 22 June 2011.

National Environmental Management: Waste Act 59 of 2008

21. Draft national norms and standards for the storage of waste. Published for public comment in GG 34418 Notice Number 436 dated 1 July 2011.

22. Draft waste classification and management regulations. Published for public comment in GG 34417 Notice Number 435 dated 1 July 2011.

23. Draft national standard for the extraction, flaring or recovery of landfill gas in South Africa. Published for public comment in GG 34416 Notice Number 434 dated 1 July 2011.

24. Draft standard for assessment of waste for landfill disposal. Published for public comment in GG 34415 Notice Number 433 dated 1 July 2011.

25. Draft national standard for disposal of waste to landfill. Published for public comment in GG 34414 Notice Number 432 dated 1 July 2011.

26. Draft national standard for the scrapping or recovery for motor vehicles. Published for public comment in GG 34413 Notice Number 431 dated 1 July 2011.

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

Eastern Cape Province

27. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa Act 108 of 1996: Maletswai Local Municipality: Commonage By-law. Published in PG 2576 Notice Number 14 dated 10 June 2011.

28. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa Act 108 of 1996: Maletswai Local Municipality: Community Fire Safety By-law. Published in PG 2576 Notice Number 15 dated 10 June 2011.

29. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa Act 108 of 1996: Maletswai Local Municipality: Fences and Fencing By-law. Published in PG 2576 Notice Number 17 dated 10 June 2011.

30. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa Act 108 of 1996: Maletswai Local Municipality: Roads and Traffic By-law. Published in PG 2576 Notice Number 22 dated 10 June 2011.

Gauteng Province

31. Disaster Management Act 57 of 2002: Ekurhuleni Metropolitan Municipality: extension of declaration of local state of disaster. Published in PG 120 Notice Number 714 dated 9 June 2011.

32. Randfontein Local Municipality: Tree Protection By-law. Published in PG 111 Notice Number 693 dated 3 June 2011.

33. Randfontein Local Municipality: Prevention of Nuisances By-law. Published in PG 111 Notice Number 700 dated 3 June 2011.

34. Randfontein Local Municipality: Integrated Solid Waste Management By-law. Published in PG 111 Notice Number 701 dated 3 June 2011.

35. Randfontein Local Municipality: Control of signs and advertising hoardings By-law. Published in PG 111 Notice Number 702 dated 3 June 2011.

36. Randfontein Local Municipality: Parks and Public Open Spaces By-law. Published in PG 111 Notice Number 703 dated 3 June 2011.

37. Randfontein Local Municipality: Cemeteries and Crematoria By-law. Published in PG 111 Notice Number 704 dated 3 June 2011.

38. Local Government: Municipal Systems Act 32 of 2000: Randfontein Local Municipality: Amendment to the electricity tariffs. Published in PG 134 Notice Number 820 dated 28 June 2011.

39. Local Government: Municipal Systems Act 32 of 2000: Randfontein Local Municipality: Amendment to the water supply tariffs. Published in PG 134 Notice Number 822 dated 28 June 2011.

40. Local Government: Municipal Systems Act 32 of 2000: Randfontein Local Municipality: Amendment to the sewer tariffs. Published in PG 134 Notice Number 825 dated 28 June 2011.

41. Local Government: Municipal Systems Act 32 of 2000: Randfontein Local Municipality: Sundry sanitation services. Published in PG 134 Notice Number 833 dated 28 June 2011.

42. West Rand District Municipality: Municipal Health Services By-law. Published in PG 126 Notice Number 752 dated 24 June 2011.

43. Local Government: Municipal Systems Act 32 of 2000: City of Johannesburg: Amendment to the Public Roads and Miscellaneous By-law. Published in PG 137 Notice Number 836 dated 29 June 2011.

44. National Heritage Resources Act 25 of 1999: Provisional protection: Melrose House, Stand 21 of Melrose Estate, Johannesburg. Published in PG 124 Notice Number 1646 dated 22 June 2011.

45. National Heritage Resources Act 25 of 1999: Provisional protection: Meat Board Building, Stand 1252/R, corner Hamilton and Vermeulen Streets, Pretoria. Published in PG 124 Notice Number 1647 dated 22 June 2011.

46. National Heritage Resources Act 25 of 1999: Provisional protection: Kippies Jazz Club, corner Carr and Quinn Streets, Newtown, Johannesburg. Published in PG 124 Notice Number 1648 dated 22 June 2011.

KwaZulu-Natal Province

47. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa Act 108 of 1996: Mkhambathini Municipality: Outdoor Advertising By-law. Published in PG 589 Notice Number 63 dated 8 June 2011.

48. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa Act 108 of 1996: Mkhambathini Municipality: Cemetery and Crematoria By-law. Published in PG 589 Notice Number 65 dated 8 June 2011.

49. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa Act 108 of 1996: Mkhambathini Municipality: Fire Prevention By-law. Published in PG 589 Notice Number 68 dated 8 June 2011.

50. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa Act 108 of 1996: Mkhambathini Municipality: Nuisance By-law. Published in PG 589 Notice Number 69 dated 8 June 2011.

51. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa Act 108 of 1996: Mkhambathini Municipality: Parks and Open Spaces By-law. Published in PG 589 Notice Number 71 dated 8 June 2011.

52. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa Act 108 of 1996: Mkhambathini Municipality: Pollution Control By-law. Published in PG 589 Notice Number 72 dated 8 June 2011.

53. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa Act 108 of 1996: Mkhambathini Municipality: Public Amenities By-law. Published in PG 589 Notice Number 73 dated 8 June 2011.

54. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa Act 108 of 1996: Mkhambathini Municipality: Public Roads By-law. Published in PG 589 Notice Number 75 dated 8 June 2011.

55. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa Act 108 of 1996: Mkhambathini Municipality: Stormwater Management By-law. Published in PG 589 Notice Number 77 dated 8 June 2011.

56. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa Act 108 of 1996: Mkhambathini Municipality: Waste Management By-law. Published in PG 589 Notice Number 80 dated 8 June 2011.

North West Province

57. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa Act 108 of 1996: Moses Kotane Local Municipality: Advertising By-law. Published in PG 6900 Notice Number 100 dated 8 June 2011.

58. Local Government: Municipal Systems Act 32 of 2000 and the Constitution of the Republic of South Africa Act 108 of 1996: Moses Kotane Local Municipality: Public Parks By-law. Published in PG 6900 Notice Number 102 dated 8 June 2011.

59. National Environmental Management: Air Quality Act 39 of 2004: Notice of processing fee for purpose of atmospheric emission licences. Published in PG 6905 Notice Number 159 dated 24 June 2011.

Mpumalanga Province

60. Mpumalanga Road Traffic Act 4 of 1998: Mpumalanga Road Traffic Regulations, 2011. Published in PG 1936 Notice Number 137 dated 2 June 2011.

61. Bushbuckridge Municipality: Police Services By-law. Published in PG 1942 Notice Number 96 dated 24 June 2011.

Limpopo Province

62. Local Government: Municipal Systems Act 32 of 2000: Lephalale Local Municipality: Stormwater Management By-law. Published in PG 1945 Notice Number 213 dated 30 June 2011.

63. Local Government: Municipal Systems Act 32 of 2000: Lephalale Local Municipality: Fences and Fencing By-law. Published in PG 1945 Notice Number 214 dated 30 June 2011.

64. Local Government: Municipal Systems Act 32 of 2000: Lephalale Local Municipality: Waste Management By-law. Published in PG 1945 Notice Number 216 dated 30 June 2011.

65. Local Government: Municipal Systems Act 32 of 2000: Polokwane Municipality: Standard Water and Sanitation By-law. Published in PG 1937 Notice Number 196 dated 14 June 2011.

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

Gauteng Province

66. Randfontein Local Municipality: Final draft: Electricity By-law. Published in PG 111 Notice Number 691 dated 3 June 2011.

Western Cape Province

67. Draft Western Cape Land Use Planning Ordinance Second Amendment Act 3 of 2011. Published in PG 6888 Notice Number 165 dated 29 June 2011.

Northern Cape Province

68. Mineral and Petroleum Resources Development Act 28 of 2002: Petroleum Agency SA: Notice regarding consultation with interested and affected persons in terms of section 10 read with regulation 3. Published in PG 1525 Notice Number 52 dated 13 June 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 July 2011)

• Before National Assembly Committees

➢ Constitution Eighteen 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)
➢ 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