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Monthly sustainability legislation, regulation and parliamentary update – June 2014

Monthly sustainability legislation, regulation and parliamentary update – June 2014

8th July 2014

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management: Waste Amendment Act 26 of 2014

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1. The Amendment Act has been published for general information and takes effect on the date of publication in the gazette i.e. 2 June 2014. Published in GG 37714 Notice Number 450 dated 2 June 2014.

National Environmental Management: Protected Areas Amendment Act 21 of 2014

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2. The Amendment Act has been published for general information and takes effect on the date of publication in the gazette i.e. 2 June 2014. Published in GG 37710 Notice Number 445 dated 2 June 2014.

National Environmental Management Laws Amendment Act 25 of 2014

3. The Amendment Act has been published for general information and comes into operation three months from the date of publication of this Act i.e. 2 September 2014. Published in GG 37713 Notice Number 448 dated 2 June 2014.

National Water Amendment Act 27 of 2014

4. The Amendment Act has been published for general information and comes into operation on the same date as the National Environmental Management Laws Amendment Act 25 of 2014 i.e. 2 September 2014. Published in GG 37715 Notice Number 450 dated 2 June 2014.

Infrastructure Development Act 23 of 2014

5. The Act has been published for general information and comes into operation on a date to be determined by the President by proclamation in the gazette. Published in GG 37712 Notice Number 447 dated 2 June 2014.

Tourism Act 3 of 2014

6. The Act came into operation on 16 June 2014. Published in GG 37719 Notice Number 37 dated 6 June 2014.

National Environmental Management: Biodiversity Act 10 of 2004

7. Notice to issuing authorities in relation to the Trade in listed Threatened or Protected Species with specific emphasis on international trade in rhinoceros (white rhino - Ceratotherium simum and black rhino - Diceros bicornis) specimens. Published in GG 37736 Notice Number 431 dated 13 June 2014.

National Environmental Management: Integrated Coastal Management Act 24 of 2008

8. Regulations in terms of the control of use of vehicles in the coastal area. Published in GG 37761 Notice Number 496 dated 27 June 2014.

9. Regulations in terms of the management of public launch sites in the coastal zone. Published in GG 37761 Notice Number 497 dated 27 June 2014.

National Water Act 36 of 1998

10. Nominations for Chairperson of the Water Tribunal. Published in GG 37766 Notice Number 465 dated 24 June 2014.

Promotion of Access to Information Act 2 of 2000

11. Manual in accordance with the Act: Department of Agriculture and Environmental Affairs. Published in GG 37731 dated 12 June 2014.

12. Manual in accordance with the Act: Department of Tourism. Published in GG 37728 dated 12 June 2014.

13. Manual in accordance with the Act: Umlalazi Municipality. Published in GG 37770 dated 25 June 2014.

SECTION B: SAFETY AND HEALTH (NATIONAL)

National Health Amendment Act 12 of 2013

14. The commencement date of sections 2 and 3 of the Amendment Act will come into effect on 1 September 2014. Published in GG 37730 Notice Number 38 dated 10 June 2014.

National Health Act 61 of 2003

15. Publication of the Health Infrastructure Norms and Standards Guideline. Published in GG 37790 Notice Number 512 dated 30 June 2014.

Medicines and Related Substances Act 101 of 1965

16. Conditions of registration of a medicine. Published in GG 37727 Notice Number 405 dated 13 June 2014.

17. Conditions of registration of a medicine. Published in GG 37727 Notice Number 406 dated 13 June 2014.

18. Conditions of registration of a medicine. Published in GG 37727 Notice Number 407 dated 13 June 2014.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

19. Increase of maximum amount of earnings on which the assessment of an employer shall be calculated. Published in GG 37735 Notice Number 471 dated 12 June 2014.

20. Increase in monthly pensions. Published in GG 37735 Notice Number 472 dated 12 June 2014.

21. Amendment of Schedule 4 of the Act. Published in GG 37735 Notice Number 473 dated 12 June 2014.

Firearms Control Act 60 of 2000

22. Notice in terms of section 136(1) of the Act that the State intends to destroy all firearms, ammunition as well as firearms parts that were voluntarily surrendered to or forfeited to the State. Published in GG 37747 Notice Number 487 dated 17 June 2014.

Agricultural Pests Act 36 of 1983

23. Amendment to the Control Measures. Published in GG 37702 Notice Number 442 dated 6 June 2014.

Agricultural Product Standards Act 119 of 1990

24. Regulations relating to the grading, packing and marking of Sunflower Seed intended for sale in the Republic of South Africa. Published in GG 37741 Notice Number 477 dated 20 June 2014.

25. Regulations relating to the grading, packing and marking of Soya Beans intended for sale in the Republic of South Africa. Published in GG 37741 Notice Number 478 dated 20 June 2014.

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

Draft National Greenhouse Gas Inventory

26. The Draft National Greenhouse Gas Inventory has been published for public comment. Members of the public are invited to submit written comments within 60 days of publication of this notice in the gazette.  Published in GG 37701 Notice Number 391 dated 6 June 2014.

Medicines and Related Substances Act 101 of 1965

27. Regulations relating to a transparent pricing system for medicines and scheduled substances: draft dispensing fee for pharmacists. Interested persons are requested to submit written comments within 3 months of publication of this notice in the gazette. Published in GG 37746 Notice Number 476 dated 13 June 2014.

Civil Aviation Act 13 of 2009

28. Proposed amendment to the Civil Aviation Regulations, 2011. Interested parties are requested to submit written comments on or before 14 July 2014. Published in GG 37737 Notice Number 474 dated 13 June 2014.

Agricultural Product Standards Act 119 of 1990

29. Draft amendment to the regulations regarding the control of the export of grains. Interested parties are requested to submit written comments no later than 31 July 2014. Published in GG 37760 Notice Number 452 dated 27 June 2014.

30. Draft amendment to the regulations regarding the control of the export of feed products. Interested parties are requested to submit written comments no later than 31 July 2014. Published in GG 37760 Notice Number 453 dated 27 June 2014.

31. Draft amendment to the regulations regarding the control of the export of fresh vegetables. Interested parties are requested to submit written comments no later than 31 July 2014. Published in GG 37760 Notice Number 454 dated 27 June 2014.

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

 

KwaZulu-Natal Province

32. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Mandlakazi Community Nature Reserve, Obuka Community Nature Reserve, and Somopho Community Nature Reserve and assigns Ezemvelo KZN Wildlife as the Management Authority. Published in PG 1804 Notice Number 4 dated 12 May 2014.

33. Local Government: Municipal Systems Act 32 of 2002: Mzunduzi Municipality: Amendment to the Advertising By-law. Published in PG 1163 Notice Number 54 dated 24 June 2014.

34. Local Government: Municipal Systems Act 32 of 2002: Mzunduzi Municipality: Fire Prevention and Flammable Liquids and Substances By-law. Published in PG 1163 Notice Number 55 dated 24 June 2014.

35. Local Government: Municipal Systems Act 32 of 2002: Mzunduzi Municipality: Public Open Spaces By-law. Published in PG 1163 Notice Number 57 dated 24 June 2014.

36. Local Government: Municipal Systems Act 32 of 2002: Mzunduzi Municipality: Water Services By-law. Published in PG 1163 Notice Number 58 dated 24 June 2014.

Mpumalanga Province

37. Mpumalanga Nature Conservation Act 10 of 1998: Amendment to Notice 185 of 2014 published in PG 2302 of 22 May 2014. Published in PG 2319 Notice Number 206 dated 11 June 2014.

38. Local Government: Municipal Systems Act 32 of 2002: Umjindi Municipality: Management and Control of Informal Settlements By-law. Published in PG 2323 Notice Number 250 dated 24 June 2014.

39. Bushbuckridge Land Use Management By-law will come into operation on 4 July 2014. Published in PG 2324 Notice Number 260 dated 27 June 2014.

Western Cape Province

40. Commencement date of the Western Cape Monitoring and Support of Municipalities Act 4 of 2014 is 6 June 2014. Published in PG 7274 Notice Number 8 dated 6 June 2014.

41. Cape Agulhas Municipality: Repeal and Replacement of Zoning Scheme Regulations in the Cape Agulhas Municipal Area. Published in PG 7280 Notice Number 163 dated 27 June 2014.

Free State Province

42. Free State Environmental Implementation Plan 2014. Published in PG 25 Notice Number 48 dated 13 June 2014.

Gauteng Province

43. City of Johannesburg: By-law on Problem Properties. Published in PG 167 Notice Number 839 dated 20 June 2014.

44. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Colbyn Wetland Nature Reserve. Published in PG 166 Notice Number 1972 dated 25 June 2014.

45. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Faerie Glen Nature Reserve. Published in PG 166 Notice Number 1973 dated 25 June 2014.

46. National Environmental Management: Protected Areas Act 57 of 2003: Amendment to the boundaries of the Marievale Nature Reserve. Published in PG 166 Notice Number 1974 dated 25 June 2014.

47. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Alice Glockner Nature Reserve. Published in PG 166 Notice Number 1975 dated 25 June 2014.

48. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Suikerbosrand Nature Reserve. Published in PG 166 Notice Number 1976 dated 25 June 2014.

Limpopo Province

49. Local Government: Municipal Systems Act 32 of 2002: Makhuduthamaga Municipality: Public Amenities By-law. Published in PG 2375 Notice Number 88 dated 24 June 2014.

50. Local Government: Municipal Systems Act 32 of 2002: Makhuduthamaga Municipality: Street Advertising By-law. Published in PG 2375 Notice Number 90 dated 24 June 2014.

51. Local Government: Municipal Systems Act 32 of 2002: Makhuduthamaga Municipality: Waste Management By-law. Published in PG 2375 Notice Number 91 dated 24 June 2014.

52. Local Government: Municipal Systems Act 32 of 2002: Makhuduthamaga Municipality: Public Nuisances Control By-law. Published in PG 2375 Notice Number 92 dated 24 June 2014.

53. Local Government: Municipal Systems Act 32 of 2002: Lephalale Local Municipality: Safe Guarding of Swimming Pools By-law. Published in PG 2377 Notice Number 93 dated 24 June 2014.

54. Local Government: Municipal Systems Act 32 of 2002: Lephalale Local Municipality: Sporting Facilities By-law. Published in PG 2377 Notice Number 94 dated 24 June 2014.

55. Local Government: Municipal Systems Act 32 of 2002: Lephalale Local Municipality: Hiring of Municipal Premises By-law. Published in PG 2377 Notice Number 95 dated 24 June 2014.

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

Eastern Cape Province

56. National Environmental Management: Biodiversity Act 10 of 2004: Invitation to comment on the Draft Bioregional Plan for the Nelson Mandela Bay Municipality. Written comments must be submitted within 30 days of publication of this notice in the gazette. Published in PG 3191 Notice Number 30 dated 3 June 2014.


KwaZulu-Natal Province

57. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare nature reserves as protected areas. Published in PG 1154 Notice Number 117 dated 5 June 2014.

Western Cape Province

58. Langeberg Municipality: Proposed Municipal Land Use Planning By-law. Interested parties are requested to submit written comments no later than 25 July 2014. Published in PG 7273 dated 6 June 2014.

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 2 July 2014)

• Awaiting signature from the President

➢ Mineral and Petroleum Resources Development Amendment Bill (B15 of 2013)

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

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