SECTION A: ENVIRONMENTAL (NATIONAL)

Marine Living Resources Act 18 of 1998

1. Amendment of Annexure 2 of the regulations published in Government Notice R1111 of 2 September 1998, as amended. Published in GG 34596 Notice Number 728 dated 16 September 2011.

2. Declaration of the Amathole Marine Protected Area. Published in GG 34596 Notice Number 731 dated 16 September 2011.

3. Regulations relating to the management of the Amathole Marine Protected Area. Published in GG 34596 Notice Number 730 dated 16 September 2011.

National Heritage Resources Act 25 of 1999

4. South African Heritage Resources Agency: Declaration of “Kaditshwene” Cultural Landscape as a National Heritage Site. Published in GG 34562 Notice Number 696 dated 2 September 2011.

National Forests Act 84 of 1998

5. Notice of the list of protected tree species under the Act. Published in GG 34595 Notice Number 734 dated 16 September 2011.

National Energy Act 34 of 2008

6. Regulations relating to the allowance for energy efficiency savings. Published in GG 34596 Notice Number 729 dated 16 September 2011.

National Building Regulations and Building Standards Act 103 of 1977

7. Introduction of amendments to the National Building Regulations to introduce requirements for energy usage in buildings. Published in GG 34586 Notice Number 711 dated 9 September 2011.

Broad-Based Black Economic Empowerment Act 52 of 2003

8. Amendment of the Codes of Good Practice published in GG 29617 dated 9 February 2007. Published in GG 34612 Notice Number 754 dated 23 September 2011.

Promotion of Access to Information Act 2 of 2000

9. Manual in accordance with the Act: Section 14 Manual for the Commission for Conciliation, Mediation and Arbitration. Published in GG 34627 dated 23 September 2011.

World Trade Organisation: Marrakesh Agreement

10. Application for market access permits for agricultural products. Published in GG 34604 Notice Number 741 dated 23 September 2011.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

11. Amendment to the regulations governing microbiological standards for foodstuffs and related matters. Published in GG 34582 Notice Number 706 dated 2 September 2011.

National Road Traffic Act 93 of 1996

12. Exemption of motor vehicles that do not comply with the height restriction in terms of the Act. Published in GG 34621 Notice Number 776 dated 20 September 2011.

National Nuclear Regulator Act 47 of 1999

13. Notice in terms of section 28 of the Act on fees for nuclear authorisations. Published in GG 34631 Notice Number 790 dated 30 September 2011.

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

Marine Living Resources Act 18 of 1998

14. Draft amendment to Annexure 4 of the regulations published in Government Notice R1111 of 2 September 1998, as amended. Published in GG 34596 Notice Number 726 dated 16 September 2011.

15. Draft regulations relating to fishing in the estuary of the Breede River. Published in GG 34596 Notice Number 727 dated 16 September 2011.

16. Invitation to submit an expression of interest to undertake explanatory fishing of Octopus (Octopusvulgaris) in terms of section 83 of the Act. Published in GG 34631 Notice Number 658 dated 30 September 2011.

National Forests Act 84 of 1998

17. Invitation to submit written comments on the proposed list of particular trees and particular groups of trees: “Champion Trees” under section 12(1)(a) and (b) of the Act. Published in GG 34595 Notice Number 733 dated 16 September 2011.

National Health Act 61 of 2003

18. National Health Insurance Green Paper – extension of the comment period. Published in GG 34606 Notice Number 743 dated 15 September 2011.

Green Paper on Land Reform, 2011

19. Green Paper on land reform and rural development. Published in GG 34607 Notice Number 639 dated 16 September 2011.

Petroleum Products Act 120 of 1977

20. Draft regulations regarding mandatory blending of biofuels with petrol and diesel. Published in GG 34610 Notice Number 745 dated 16 September 2011.

National Environmental Management: Biodiversity Act 10 of 2004

21. Proposed amendments to the norms and standards for the marking of rhinoceros horn and hunting of white rhinoceros for trophy hunting purposes. Published in GG 34650 Notice Number 685 dated 30 September 2011.

National Environmental Management: Air Quality Act 39 of 2004

22. Notice in terms of section 18(4) read with section 57(1)(a) – intention to consider for approval the declaration of the extended proposed Waterberg Priority Area Air Quality Boundary incorporating Bojanala Platinum District in the North West Province. Published in GG 34631 Notice Number 659 dated 30 September 2011.

National Nuclear Regulator Act 47 of 1999

23. Application for a nuclear vessel licence in terms of section 21(3) of the Act. Published in GG 34631 Notice Number 678 dated 30 September 2011.

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

Gauteng Province

24. Gauteng Transport Infrastructure Act 8 of 2001: Proclamation of the reduction in width of a portion of the provincial railway line in respect of the Gautrain Rapid Rail Link between Pretoria, Johannesburg and the OR Tambo International Airport: District Randburg. Published in PG 210 Notice Number 2401 dated 13 September 2011.

25. Gauteng Transport Infrastructure Act 8 of 2001: Proclamation of the reduction in width of a portion of the provincial railway line in respect of the Gautrain Rapid Rail Link between Pretoria, Johannesburg and the OR Tambo International Airport: District Kempton Park. Published in PG 205 Notice Number 2397 dated 9 September 2011.

26. City to Tshwane: Correction notice relating to the tariffs for the supply of electricity. Published in PG 204 Notice Number 1181 dated 14 September 2011.

27. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional Protection of the property: Regina Mundi Roman Catholic Church. Published in PG 213 Notice Number 2403 dated 15 September 2011.

28. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional Protection of the property: Orlando Community Hall. Published in PG 213 Notice Number 2404 dated 15 September 2011.

29. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional Protection of the building “St. Aubyn's”. Published in PG 213 Notice Number 2405 dated 15 September 2011.

30. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional Protection of the property: James "Sofasonke" Mpanza House. Published in PG 213 Notice Number 2406 dated 15 September 2011.

31. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional Protection of the property: Zephania "Zeph" Mothopeng House. Published in PG 213 Notice Number 2407 dated 15 September 2011.

32. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional Protection of the property: “the Pass Office”. Published in PG 213 Notice Number 2408 dated 15 September 2011.

33. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional Protection of the property: the Gables, "Weltevreden Farmhouse”. Published in PG 213 Notice Number 2409 dated 15 September 2011.

Western Cape Province

34. Western Cape Heritage: Formal protection of structures situated on PTN 1 of the farm Luipers Kop No 211, Ratelgat, Matzikama. Published in PG 6902 dated 26 August 2011.

35. Local Government & Housing: Fire Brigade Services Act: Category of persons for the performance of prescribed functions. Published in PG 6907 Notice Number 246 dated 23 September 2011.

Eastern Cape Province

36. Nature and Environmental Conservation Ordinance 19 of 1974: Amendment of Schedule 4. Published in PG 2629 Notice Number 3 dated 23 September 2011.

KwaZulu-Natal Province

37. Municipality of Endumeni: Municipal facilities and public amenities by-law. Published in PG 631 Notice Number 111 dated 8 September 2011.

38. City of uMhlathuze: Amendment to the nuisance by-law. Published in PG 629 Notice Number 109 dated 1 September 2011.

39. City of uMhlathuze: Amendment to the environmental health services by-law. Published in PG 629 Notice Number 110 dated 1 September 2011.

40. Promotion of Access to Information Act 2 of 2000: eThekwini Municipality: Section 12 Manual. Published in PG 639 Notice Number 116 dated 22 September 2011.

Mpumalanga Province

41. Local Government: Municipal Structures Act 117 of 1998: Consolidation, amendment notice of notice 125 of 2006. Published in PG 1964 Notice Number 297 dated 9 September 2011.

42. Local Government: Municipal Structures Act 117 of 1998: Consolidation, amendment notice of notice 126 of 2006. Published in PG 1964 Notice Number 298 dated 9 September 2011.

43. Local Government: Municipal Structures Act 117 of 1998: Consolidation, amendment notice of notice 127 of 2006. Published in PG 1964 Notice Number 299 dated 9 September 2011.

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

Western Cape Province

44. Draft White Paper on greening the procurement of goods and services for the Provincial Government of the Western Cape. Published in PG 6880 dated 21 June 2011.

45. Western Cape Nature Conservation Board: St Helena Bay: proposed construction of a small craft harbour and marina development. Published in PG 6906 Notice Number 236 dated 16 September 2011.

Free State Province

46. Amendment in terms of section 16 of the Local Government: Municipal Structures Act 1998: establishment notice of the DC 19 District Municipality and the FS 191, FS 192, FS 193, FS 194 and FS 195 Local Municipalities. Published in PG 54 Notice Number 117 dated 30 September 2011.

Limpopo Province

47. Limpopo Environmental Management Act 7 of 2003: Hunting of white and black rhinoceros by clients and the exportation of their hunting trophies. Published in PG 1991 Notice Number 300 dated 30 September 2011.

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 October 2011)

• Before National Assembly Committees

➢ Constitution Eighteenth Amendment Bill (B8 – 2011)
➢ Constitution Seventeenth Amendment Bill (B6 - 2011)
➢ Science and Technology Laws Amendment Bill (B5 – 2011)
➢ Appropriation Bill (B3 – 2011)
➢ Rural Development and Land Reform General Amendment Bill (B33 - 2010)
➢ Merchant Shipping (Safe Containers Convention) Bill (B31 - 2010)
➢ Local Government: Municipal Systems Amendment Bill (B22 - 2010)
➢ Deeds Registries Amendment Bill (B13 - 2010)
➢ Protection of Information Bill (B6 - 2010)
➢ Protection from Harassment Bill (B1 - 2010)
➢ Protection of Personal Information Bill (B9 - 2009)
➢ Protection of State Information Bill (B6 of 2010)
➢ Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Bill (B3 - 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