WARBURTON ATTORNEYS MONTHLY SUSTAINABILITY LEGISLATION, REGULATION AND PARLIAMENTARY UPDATE

SECTION A: ENVIRONMENTAL (NATIONAL)

National Forest Act 84 of 1998

1. Declaration of particular trees and particular groups of "Champion Trees" under section 21(1)(a) and (b). Published in GG 33614 Notice Number 890 dated 15 October 2010.

Promotion of Access to Information Act 2 of 2000

2. Description of records of the Limpopo Department of Education which are automatically available for inspection, copying or purchase in terms of section 15(1). Published in GG 33655 Notice Number 931 dated 22 October 2010.

3. Description of records of the Limpopo Department of Public Works which are automatically available for inspection, copying or purchase in terms of section 15(1). Published in GG 33655 Notice Number 932 dated 22 October 2010.

4. Description of records of the Limpopo Department of Agriculture which are automatically available for inspection, copying or purchase in terms of section 15(1). Published in GG 33655 Notice Number 933 dated 22 October 2010.

5. Manual in Accordance with the Promotion of Access to Information Act - Office of the Premier. Published in GG 33663 dated 22 October 2010.

National Energy Regulator Act 40 of 2004

6. Nominations of candidates to serve as full-time members of the National Energy Regulator of South Africa (NERSA). Published in GG 33668 Notice Number 143 dated 21 October 2010.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Mineral and Petroleum Resources Development Act 28 of 2002

7. Exemption of organs of State in terms of section 106(1) from certain provisions of the Act: Mnquma Local Municipality. Published in GG 33677 Notice Number 974 dated 29 October 2010.

8. Exemption of organs of State in terms of section 106(1) from certain provisions of the Act: Amahlati Local Municipality. Published in GG 33677 Notice Number 975 dated 29 October 2010.

9. Exemption of organs of State in terms of section 106(1) from certain provisions of the Act: Great Kei Local Municipality. Published in GG 33677 Notice Number 976 dated 29 October 2010.

10. Exemption of organs of State in terms of section 106(1) from certain provisions of the Act: Buffalo City Municipality. Published in GG 33677 Notice Number 977 dated 29 October 2010.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL

Draft National Legislation and Regulations

National Environmental Management: Air Quality Act 39 of 2004

11. Notice of intention to declare the Waterberg Priority Area in terms of section 18(1). Published in GG 33600 Notice Number 939 dated 8 October 2010.

Mineral and Petroleum Resources Development Act 28 of 2002

12. Investigation in terms of section 50(1). Published in GG 33584 Notice Number 848 dated 1 October 2010.

National Nuclear Regulator Act 47 of 1999

13. Invitation for the public to comment on the proposed Draft Regulations on Development in Formal Emergency Planning Zone of the Koeberg Nuclear Power Station to ensure effective implementation of the Koeberg Nuclear Emergency Plan. Published in GG 33678 Notice Number 962 dated 29 October 2010.

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

Gauteng Province

14. Local Government: Municipal Systems Act 32 of 2000: City of Johannesburg Metropolitan Municipality: Stormwater Management By-law. Published in PG 181 Notice Number 1380 dated 25 October 2010.

15. Local Government: Municipal Systems Act 32 of 2000: City of Johannesburg Metropolitan Municipality: Air Pollution Control Management By-law. Published in PG 181 Notice Number 1379 dated 25 October 2010.

Eastern Cape Province

16. Local Government: Municipal Systems Act 32 of 2000: Buffalo City Municipality: Noise By-law. Published in PG 2459 Notice Number 122 dated 22 October 2010.

17. Local Government: Municipal Systems Act 32 of 2000: Buffalo City Municipality: Environmental Health By-law. Published in PG 2459 Notice Number 123 dated 22 October 2010.

Western Cape Province

18. Hessequa Municipality: Amendment to the Fire Safety By-law. Published in PG 6802 Notice Number 403 dated 22 October 2010.

SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL

Draft Provincial Legislation and Municipal By-Laws

Free State Province

19. Local Government: Municipal Systems Act 32 of 2000: Publication of the Draft Standard Advertising By-law. Published for public comment in PG 96 Notice Number 146 dated 29 October 2010.

20. Local Government: Municipal Systems Act 32 of 2000: Publication of the Draft Standard Air Pollution Control By-law. Published for public comment in PG 96 Notice Number 147 dated 29 October 2010.

21. Local Government: Municipal Systems Act 32 of 2000: Publication of the Draft Standard Building Regulations By-law. Published for public comment in PG 97 Notice Number 149 dated 29 October 2010.

22. Local Government: Municipal Systems Act 32 of 2000: Publication of the Draft Standard Cemeteries and Crematoria By-law. Published for public comment in PG 97 Notice Number 150 dated 29 October 2010.

23. Local Government: Municipal Systems Act 32 of 2000: Publication of the Draft Standard Childcare Services By-law. Published for public comment in PG 97 Notice Number 151 dated 29 October 2010.

24. Nala Local Municipality: Publication of Draft By-laws: Published for public comment in PG 95 dated 29 October 2010:
• Road Traffic and Parking
• Street Trading
• General Street and Premises
• Taxi Rank and Taxi Pickup Points

25. Nala Local Municipality: Proposed Draft By-laws: Published for public comment in PG 92 dated 15 October 2010:
• Water Supply
• Electricity Supply
• Waste Management
• Property Rates

26. Setsoto Local Municipality: Proposed By-laws: Published for public comment in PG 86 dated 1 October 2010:
• Waste Management
• Water Supply
• Sanitation
• Standard Electricity Supply
• Cemeteries and Crematoria

Mpumalanga Province

27. Local Government: Municipal Systems Act 32 of 2000: Nkomazi Municipality: Draft By-laws: Published for public comment in PG 1865 Notice Number 153 dated 1 October 2010:
• Tariff
• Indigent
• Credit Control & Debt Collection

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 November 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)
- Draft Taxation Laws Amendment Bills (10 & 11 of 2009)
- Higher Education Laws Amendment Bill (B16 of 2010)
- Skills Development Levies Amendment Bill (B25 of 2010)
- Higher Education and Training Laws Amendment Bill (B26 of 2010)
- Protection of Information Bill (B6 of 2010)
- Deeds Registries Amendment Bill (B13 of 2010)
- Sectional Title Amendment Bill (B14 of 2010)
- Sectional Titles Scheme Management Bill (B20 of 2010)
- Transport Laws Repeal Bill (B19 of 2010)

Parliamentary Committee on Water & Environmental Affairs: Programme (update)

Updated: 1 November 2010

WEDNESDAY, 3 NOVEMBER 2010
Briefing by the Department of Water Affairs: Progress Report on efforts to reduce backlogs on Water Use Applications, Committee Room 1, 120 Plein Street, 09:30

WEDNESDAY, 10 NOVEMBER 2010
Briefing by the Ministry of Water and Environmental Affairs on the Department of Water Affairs Annual Report and Financial Statements 2009/10, Venue to be confirmed, 09:30

WEDNESDAY, 17 NOVEMBER 2010
Briefing by the Department of Environmental Affairs: Progress Report on Environmental Impact Assessment (EIAs) Application; Assessment and Evaluation of the Committee activities over the Department, the impacts thereof, and Consideration of issues for 2011, Venue to be confirmed, 09:30

WEDNESDAY, 24 NOVEMBER 2010
Final Briefing by the Department of Environmental Affairs on Climate Change going into the Cancun, Mexico (COP16) Conference 2010; Adoption of all outstanding minutes and reports, Venue to be confirmed, 09:30

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