SECTION A: ENVIRONMENTAL (NATIONAL)
National Environmental Management: Biodiversity Act 10 of 2004
1. Prohibition of trade in certain Encephalartos (Cycad) species. Published in GG 35344 Notice Number 371 dated 14 May 2012.
National Environmental Management: Waste Act 59 of 2008
2. National Waste Management Strategy. Published in GG 35306 Notice Number 344 dated 4 May 2012.
Gauteng Freeway Improvement Project: Toll Roads
3. Withdrawal of the publication of the tariffs for the different categories of road users and classes of motor vehicles. Published in GG 35402 Notice Number 451 dated 31 May 2012.
Petroleum Products Act 120 of 1977
4. Amendment of the regulations regarding petroleum products, specifications and standards. Published in GG 35393 Notice Number 421 dated 30 May 2012.
Electricity Regulation Act 4 of 2006
5. Determination regarding the Open Cycle Gas Turbine IPP Peaking Power Project. Published in GG 35369 Notice Number 401 dated 25 May 2012.
National Water Act 36 of 1998
6. Transformation of the Koo Irrigation Board into the Koo Water User Association, Water Management Area Number 18, Western Cape Province. Published in GG 35347 Notice Number 375 dated 15 May 2012.
SECTION B: SAFETY AND HEALTH (NATIONAL)
Civil Aviation Act 13 of 2009
7. Coming into operation of the Amended National Aviation Security Programme approved in terms of section 109 of the Act. Published in GG 35334 Notice Number 380 dated 11 May 2012.
Compensation for Occupational Injuries and Diseases Act 130 of 1993
8. Annual increase in medical tariffs for medical service providers, pharmacies and hospital groups. Published in GG 35320 Notice Number 352 dated 9 May 2012.
9. Annual increase in medical tariffs for medical service providers, pharmacies and hospital groups. Published in GG 35319 Notice Number 351 dated 9 May 2012.
SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL
Draft National Legislation and Regulations
National Environmental Management: Biodiversity Act 10 of 2004
10. Draft: prohibition of trade in certain Encephalartos (Cycad) species. Published in GG 35343 Notice Number 382 dated 14 May 2012.
National Environmental Management Act 107 of 1998
11. Draft fee structure for consideration and processing of applications for environmental authorisations. Published in GG 35337 Notice Number 395 dated 18 May 2012.
National Environmental Management: Waste Act 59 of 2008
12. Draft fee structure for consideration and processing of applications for waste management licenses. Published in GG 35337 Notice Number 396 dated 18 May 2012.
Consumer Protection Act 68 of 2005
13. Consumer Commission: draft guidelines for the development of industry codes of conduct for accreditation under the Act. Published in GG 35375 Notice Number 415 dated 23 May 2012.
National Environmental Management Laws Amendment Bill (Bill 13 of 2012)
14. Published for public comment. Please see here for a full copy of the Bill.
Labour Relations Amendment Bill 16 of 2012
15. Published for public comment. Please see here for a full copy of the Bill.
SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL
Provincial Legislation and Municipal By-Laws
KwaZulu-Natal Province
16. eThekwini Municipality: Notice of extension and repeal of by-laws. Published in PG 744 Notice Number 20 dated 10 May 2012.
17. Local Government: Municipal Systems Act 32 of 2000: Outdoor Advertising By-law for the Dannhauser Municipality. Published in PG 742 Notice Number 18 dated 9 May 2012.
18. Constitution of the Republic of South Africa, 108 of 1996 and Local Government: Municipal Systems Act 32 of 2000: City of uMhlathuze: Amendment to the Advertising Signs By-law. Published in PG 750 Notice Number 35 dated 22 May 2012.
Limpopo Province
19. Local Government: Municipal Systems Act 32 of 2000: Mopani District Municipality: Food Vending By-law. Published in PG 2076 Notice Number 94 dated 30 May 2010.
Gauteng Province
20. Local Government: Municipal Structures Act 117 of 1998: Amendment of notice establishing the City of Johannesburg. Published in PG 124 Notice Number 1155 dated 4 May 2012.
21. Local Government: Municipal Structures Act 117 of 1998: Amendment of notice establishing the Sedibeng District Municipality. Published in PG 124 Notice Number 1156 dated 4 May 2012.
22. Local Government: Municipal Structures Act 117 of 1998: Amendment of notice establishing the City of Tshwane Metropolitan Municipality. Published in PG 124 Notice Number 1157 dated 4 May 2012.
23. Local Government: Municipal Structures Act 117 of 1998: Amendment of notice establishing the Ekurhuleni Metropolitan Municipality. Published in PG 124 Notice Number 1158 dated 4 May 2012.
24. Local Government: Municipal Structures Act 117 of 1998: Amendment of notice establishing the West Rand District Municipality. Published in PG 124 Notice Number 1159 dated 4 May 2012.
Western Cape Province
25. George Municipality: Outdoor Advertising Management and Control By-law. Published in PG 6997 dated 25 May 2012.
Mpumalanga Province
26. Mpumalanga Road Traffic Act 4 of 1998: Mpumalanga Provincial Road Traffic Regulations: 2012. Published in PG 2050 Notice Number 159 dated 25 May 2012.
27. National Environmental Management: Protected Areas Act 57 of 2003: Mpumalanga Tourism and Parks Agency: Declaration of Buffelskloof Private Nature Reserve in terms of the Act. Published in PG 2047 Notice Number 151 dated 15 May 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 June 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