WARBURTON ATTORNEYS MONTHLY SUSTAINABILITY LEGISLATION, REGULATION AND PARLIAMENTARY UPDATE

SECTION A: ENVIRONMENTAL (NATIONAL)

Marine Living Resources Act 18 of 1998

1. Fees payable in respect of applications and the issuing of rights, permits and licenses. Published in GG 33518 Notice Number 795 dated 10 September 2010.

2. Levies on fish and fish products. Published in GG 33518 Notice Number 796 dated 10 September 2010.

3. Fishing harbour fees. Published in GG 33518 Notice Number 797 dated 10 September 2010.

National Water Act 36 of 1998

4. Extension of time period of general authorisations to 1 April 2011. Published in GG 33594 Notice Number 864 dated 29 September 2010.

5. Extension of the time period for a general authorisation published in terms of section 39 for a further period until 30 June 2012. Published in GG 33566 Notice Number 837 dated 23 September 2010.

6. Regulations for the establishment of a Water Recourse Classification System. Published in GG 33541 Notice Number 810 dated 17 September 2010

National Forest Act 84 of 1998

7. Publication of the latest notice of the list of protected tree species. Published in GG 33566 Notice Number 835 dated 23 September 2010.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947

8. Correction Notice: Farm Feeds Regulations. Published in GG 33519 dated 10 September 2010.

Medicines and Related Substances Act 101 of 1965

9. Medicines Control Council: Conditions of registration of a medicine in terms of the provisions of section 15(7). Published in GG 33525 Notice Number 848 dated 10 September 2010.

Mineral and Petroleum Resources Development Act 28 of 2002

10. Publication of the amendment of the Broad-Based Socio-Economic Empowerment Charter for the South African mining and minerals industry. Published in GG 33573 Notice Number 838 dated 20 September 2010.

Occupational Health & Safety Act 85 of 1993

11. Lift, escalator and passenger conveyor regulations, 2009. Published in GG 33561 Notice Number 828 dated 17 September 2010.

12. Incorporation of safety standards into the lift, escalator and passenger conveyor regulations. Published in GG 33561 Notice Number 829 dated 17 September 2010.

National Railway Safety Regulator Act 2002

13. Appointment of members to the Board of Railway Safety Regulator (RSR). Published in GG 33540 Notice Number 889 dated 17 September 2010.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL

Draft National Legislation and Regulations

Marine Living Resources Act 18 of 1998

14. Invitation to comment on the Draft Policy for Small-Scale Fisheries Sector in South Africa: August 2010. Published in GG 33530 Notice Number 852 dated 3 September 2010.

Medicines and Related Substances Act 101 of 1965

15. Draft review of the exemption of veterinary medicines: from section 18A and 22G of the Act. Published in GG 33591 Notice Number 863 dated 28 September 2010.

National Railway Safety Regulator Act 16 of 2002

16. Draft Penalty Fee Regulations: Invitation to submit written comments. Published in GG 33567 Notice Number 833 dated 23 September 2010.

Petroleum Products Act 120 of 1977

17. Strategic stocks to be held by oil companies. Published for public comment in GG 33567 Notice Number 834 dated 23 September 2010.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL

Provincial Legislation and Municipal By-Laws

Western Cape Province

18. White Paper on Sustainable Development for the Western Cape Province. Published in PG 6792 Notice Number 358 dated 20 September 2010.

19. City of Cape Town: Public Parks By-law. Published in PG 6788 dated 10 September 2010.

20. West Coast District Municipality: Control of Cemeteries By-law. Published in PG 6777 dated 1 September 2010.

21. West Coast District Municipality: Control of Disposal Sites By-law. Published in PG 6777 dated 1 September 2010.

22. West Coast District Municipality: By-law for the Control of the Seashore and Sea situated within or adjoining the area of jurisdiction of the West Coast District Municipality. Published in PG 6777 dated 1 September 2010.

23. West Coast District Municipality: By-law on Fire Safety. Published in PG 6777 dated 1 September 2010.

24. West Coast District Municipality: By-law on the Prevention of Public Nuisances and the Keeping of Animals, Poultry, Pigeons and Bees. Published in PG 6777 dated 1 September 2010.

25. West Coast District Municipality: By-law on Refuse Removal. Published in PG 6777 dated 1 September 2010.

26. West Coast District Municipality: By-law on Water Supply, Sanitation Services and Industrial Effluent. Published in PG 6777 dated 1 September 2010.

27. West Coast District Municipality: By-law for Commonage. Published in PG 6777 dated 1 September 2010.

Limpopo Province

28. Constitution of the Republic of South Africa 106 of 1996: Sekhukhune District Municipality: Water and Sanitation By-law 2010. Published in PG 1844 Notice Number 193 dated 29 September 2010.

Mpumalanga Province

29. National Environmental Management: Protected Areas Act 57 of 2003: Mpumalanga Tourism and Parks Agency: Declaration of the Kwamandlangampisi Protected Area. Published in PG 1866 Notice Number 254 dated 28 September 2010.

KwaZulu Natal Province

30. KwaZulu Natal Planning and Development Act: Commencement of section 161. Published in PG 503 Notice Number 160 dated 23 September 2010.

Northern Cape Province

31. Local Government: Municipal Structures Act 117 of 1998: Amendment. Published in PG 1467 Notice Number 23 dated 22 September 2010.

SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL

Draft Provincial Legislation and Municipal By-Laws

Limpopo Province

32. Local Government: Municipal Systems Act 32 of 2000: Fetakgomo Local Municipality: Streets By-law. Published in PG 1837 Notice Number 186 dated 3 September 2010.

33. Local Government: Municipal Systems Act 32 of 2000: Fetakgomo Local Municipality: Refuse Removal By-law. Published in PG 1837 Notice Number 187 dated 3 September 2010.

34. Local Government: Municipal Systems Act 32 of 2000: Fetakgomo Local Municipality: Standard Child Care Facilities By-law. Published in PG 1837 Notice Number 188 dated 3 September 2010.

Please note that, at the time the Legislation Update was sent out, we were unable to obtani clarity from the Magareng Municipality (Northern Cape Province) on whether the following By-laws are darft or final:

- Advertising Signs
- Disposal Signs
- Control of Cemetries
- Building Control
- Refuse Removal

Published in PG 1469 Number 109 dated 28 September 2010

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 October 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 (B 13 of 2010)
- Sectional Title Amendment Bill (B14 of 2010)
- Sectional Titles Scheme Management Bill (B20 of 2010)

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