SECTION A: ENVIRONMENTAL (NATIONAL)
National Environmental Management: Air Quality Act 39 of 2004
1. Declaration of the Waterberg National Priority Area. Published in GG 35435 Notice Number 495 dated 15 June 2012.
2. National ambient air quality standard for particulate matter with aerodynamic diameter less than 2.5 micron meters (PM 2.5). Published in GG 35463 Notice Number 486 dated 29 June 2012,
National Forests Act 84 of 1998
3. Notice of declaration of particular trees and particular groups of trees “Champion Trees” under section 12(1)(a) and (b) of the Act, as amended. Published in GG 35384 Notice Number 295 dated 1 June 2012.
National Water Act 36 of 1998
4. Extension of time period for a general authorisation published in terms of section 39 of the Act. Published in GG 35477 Notice Number 498 dated 28 June 2012.
Marine Living Resources Act 18 of 1998
5. Recognition of Abalone Farmers Association of South Africa as an industry body for the Abalone Aquaculture Sector in South Africa.
Department of Agriculture, Forestry and Fisheries
6. Policy for the Small Scale Fisheries Sector in South Africa. Published in GG 35455 Notice Number 474 dated 20 June 2012.
National Heritage Resources Act 25 of 1999
7. South African Heritage Resources Agency: declaration of the graves of Chief Albert John Mvumbi Luthuli, Dr. John Langalibalele Dube and Dr. Alfred Bitini Xuma. Published in GG 35448 Notice Number 463 dated 15 June 2012.
Consumer Protection Act 68 of 2008
8. Consumer Commission: Consumer Product Safety Recall Guidelines. Published in GG 35434 Notice Number 490 dated 13 June 2012.
9. Amendment to the export regulations regarding inspections and appeals. Published in GG 35279 Notice Number 325 dated 26 April 2012.
Consumer Price Index
10. CPI for May 2012. Published in GG 35463 Notice Number 529 dated 29 June 2012.
SECTION B: SAFETY AND HEALTH (NATIONAL)
Medicines and Related Substances Act 101 of 1965
11. Medicines Control Council: Conditions of registration of a medicine in terms of the provisions of section 15(7) of the Act. Published in GG 35409 Notice Number 455 dated 8 June 2012.
Compensation for Occupational Injuries and Diseases Act 130 of 1993
12. Increase of maximum amount of earnings on which the assessment of an employer shall be calculated. Published in GG 35432 Notice Number 446 dated 8 June 2012.
13. Increase in monthly pensions. Published in GG 35432 Notice Number 447 dated 8 June 2012.
14. Amendment of Schedule 4 of the Act. Published in GG 35432 Notice Number 448 dated 8 June 2012.
National Health Act 61 of 2003
15. Call for the establishment of a National Advisory Committee on the prevention and control of cancer. Published in GG 35447 Notice Number 462 dated 15 June 2012.
SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL
Draft National Legislation and Regulations
National Road Traffic Act 93 of 1996
16. Draft amendment to the National Road Traffic Regulations. Published in GG 35413 Notice Number 458 dated 8 June 2012.
Disaster Management Act 57 of 2000
17. Publication of the draft Urban Search and Rescue Framework. Published in GG 35427 Notice Number 488 dated 8 June 2012.
National Environmental Management: Waste Act 59 of 2008
18. Draft national standards for validation of the treatment efficacy and operation of a non-combustion technology for the treatment of health care risk waste. Published in GG 35406 Notice Number 453 dated 1 June 2012.
19. Draft Health Care Risk Waste Management Regulations. Published in GG 35405 Notice Number 452 dated 1 June 2012.
Medicines and Related Substances Act 101 of 1965
20. Draft amendment to the regulations relating to a transparent pricing system for medicines and scheduled substances (draft dispensing fee for pharmacies). Published in GG 35446 Notice Number 484 dated 29 June 2012.
Spatial Planning and Land Use Management Bill 2012
21. Publication of the explanatory summary of the Bill. Published in GG 35445 Notice Number 514 dated 15 June 2012.
SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL
Provincial Legislation and Municipal By-Laws
Gauteng Province
22. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng. Published in PG 164 Notice Number 1470 dated 13 June 2012.
23. West Rand District Municipality: Waste Management By-law. Published in PG 146 Notice Number 716 dated 31 May 2012.
24. West Rand District Municipality: Air Quality Management By-law. Published in PG 146 Notice Number 717 dated 31 May 2012.
25. Midvaal Municipality: Amendments to the Electricity, Sanitation, Standing Orders and Waste by-laws. Published in PG 157 Notice Number 1467 dated 13 June 2012.
26. Local Government: Municipal Systems Act 32 of 2000: Randfontein Local Municipality: Electricity tariffs. Published in PG 183 Notice Number 800 dated 28 June 2012.
27. Local Government: Municipal Systems Act 32 of 2000: Randfontein Local Municipality: Land development application tariffs. Published in PG 183 Notice Number 889 dated 28 June 2012.
28. Local Government: Municipal Systems Act 32 of 2000: Randfontein Local Municipality: Water supply tariffs. Published in PG 183 Notice Number 890 dated 28 June 2012.
29. Local Government: Municipal Systems Act 32 of 2000: Randfontein Local Municipality: Sewer tariffs. Published in PG 183 Notice Number 893 dated 28 June 2012.
30. Local Government: Municipal Systems Act 32 of 2000: Randfontein Local Municipality: Refuse removal tariffs. Published in PG 183 Notice Number 894 dated 28 June 2012.
North-West Province
31. National Environmental Management Act, 2012: Notice in terms of Regulation 5(4) of the Environmental Impact Assessment Regulations, 2010. Published in PG 7006 Notice Number 279 dated 13 June 2012.
32. Constitution of the Republic of South Africa 108 of 1996 and the National Environmental Management: Waste Act 59 of 2008: Rustenburg Local Municipality: Waste Management By-law. Published in PG 7005 Notice Number 79 dated 12 June 2012.
33. Local Government: Municipal Systems Act 32 of 2000: Ramotshere Mailoa Local Municipality: Water and Sanitation By-law. Published in PG 7001 Notice Number 63 dated 31 May 2012.
34. Local Government: Municipal Systems Act 32 of 2000: Ramotshere Mailoa Local Municipality: By-law relating to the Prevention of Nuisances. Published in PG 7001 Notice Number 64 dated 31 May 2012.
35. Local Government: Municipal Systems Act 32 of 2000: Ramotshere Mailoa Local Municipality: By-law relating to Advertising Signs and the Disfigurement of the Front or Frontages of Streets. Published in PG 7001 Notice Number 65 dated 31 May 2012.
36. Local Government: Municipal Systems Act 32 of 2000: Ramotshere Mailoa Local Municipality: Integrated Waste Management By-law. Published in PG 7001 Notice Number 67 dated 31 May 2012.
37. National Environmental Management: Air Quality Act 39 of 2004: Dr. Kenneth Kaunda District Municipality: Air Quality Management By-law. Published in PG 7011 Notice Number 90 dated 29 June 2012.
38. Environment Conservation Act 73 of 1989: Dr. Kenneth Kaunda District Municipality: Noise Control By-law. Published in PG 7011 Notice Number 91 dated 29 June 2012.
39. Local Government: Municipal Structures Act 117 of 1998: Dr. Kenneth Kaunda District Municipality: Municipal Health By-law. Published in PG 7011 Notice Number 92 dated 29 June 2012.
Western Cape Province
40. Hessequa Municipality: Outdoor Advertising and Signage By-law. Published in PG 7002 dated 1 June 2012.
SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL
Draft Provincial Legislation and Municipal By-Laws
Northern Cape Province
41. Local Government: Municipal Systems Act 32 of 2000 and the Northern Cape Planning and Development Act 7 of 1998: Sol Plaatje Municipality: notice of intent to promulgate the SPM Built Environment By-law. Published in PG 1606 Notice Number 38 dated 11 June 2012.
Western Cape Province
42. Western Cape Biosphere Reserves Act 6 of 2011: Draft Western Cape Biosphere Reserves Regulations. Published in PG 7003 dated 8 June 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 July 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)
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