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Warburton Attorneys monthly sustainability legislation, regulation and parliamentary update - July 2017

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Warburton Attorneys monthly sustainability legislation, regulation and parliamentary update - July 2017

8th August 2017

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

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1. Regulations relating to the procedure to be followed and criteria to be considered when determining an appropriate fine in terms of section 24G. Published in GG 40994 Notice Number 698 dated 20 July 2017. 

National Environmental Management: Air Quality Act 39 of 2004

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2. Declaration of Greenhouse Gases as priority air pollutants. Published in GG 40996 Notice Number 710 dated 21 July 2017.

3. National Pollution Prevention Plans Regulations. Published in GG 40996 Notice Number 712 dated 21 July 2017.

National Environmental Management: Coastal Management Act 24 of 2008

4. Dumping at Sea Regulations. Published in GG 40996 Notice Number 711 dated 21 July 2017.

National Research Foundation Act 23 of 1998

5. Notice to withdraw the declaration of the Hartebeesthoek Radio Astronomy Observatory as a National Research Facility and notice to declare the South African Radio Astronomy Observatory as a National Research Facility. Published in GG 41009 Notice Number 754 dated 28 July 2017.

Special Economic Zones Act 16 of 2014

6. Richards Bay Industrial Development Zone. Published in GG 41002 Notice Number 743 dated 25 July 2017.

Employment Equity Act 55 of 1998

7. Public register notice. Published in GG 40996 Notice Number 715 dated 21 July 2017.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Mine Health and Safety Act 29 of 1996

8. Notice of appointment of members to the Mine Health and Safety Council. Published in GG 41008 dated 28 July 2017. 

Medicines and Related Substances Act 101 of 1965

9. Amendment to the Schedules. Published in GG 41009 Notice Number 748 dated 28 July 2017.

Health Professions Act 56 of 1974

10. Regulations relating to the scope of practice of the profession of Oral Hygiene. Published in GG 40996 Notice Number 713 dated 21 July 2017.

Standards Act 8 of 2008

11. Issue of new SANS Standards, revision of SANS Standards and cancelled SANS Standards. Published in GG 40999 Notice Number 548 dated 21 July 2017.

12. Issue of new SANS Standards, revision of SANS Standards and cancelled SANS Standards. Published in GG 41009 Notice Number 554 dated 28 July 2017.

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

National Health Act 61 of 2003

13. National Health Insurance Implementation: Bodies and Commissions that must be established. Published in GG 40969 Notice Number 660 dated 7 July 2017.

National Water Act 36 of 1998

14. Draft Mine Water Management: Policy Position – for external consultation and discussion. Members of the public are invited to submit written comments within 60 days after the publication of the notice in the gazette. Published in GG 40966 Notice Number 658 dated 7 July 2016 and in GG 40965 Notice Number 657 dated 7 July 2017 and corrected in GG 40987 Notice Number 690 dated 14 July 2017. 

Mineral and Petroleum Resources Development Act 28 of 2002

15. Invitation for written representations from relevant stakeholders to restrict the granting of any new applications for a prospecting or mining right. Written representations must be submitted by no later than Friday 4 August 2017. Published in GG 40989 Notice Number 692 dated 19 July 2017.

National Environmental Management: Protected Areas Act 57 of 2003

16. Draft notice declaring the Robberg Marine Protected Area. Interested persons are invited to submit written comments within 60 days from the date of publication and by no later than 16h00 on the last day. Published in GG 40996 Notice Number 704 dated 21 July 2017.

17. Draft regulations for the management of the Robberg Marine Protected Area. Interested persons are invited to submit written comments within 60 days from the date of publication and by no later than 16h00 on the last day. Published in GG 40996 Notice Number 705 dated 21 July 2017.

18. Draft notice declaring the Betty’s Bay Marine Protected Area. Interested persons are invited to submit written comments within 60 days from the date of publication and by no later than 16h00 on the last day. Published in GG 40996 Notice Number 706 dated 21 July 2017.

19. Draft regulations for the management of the Betty’s Bay Marine Protected Area. Interested persons are invited to submit written comments within 60 days from the date of publication and by no later than 16h00 on the last day. Published in GG 40996 Notice Number 709 dated 21 July 2017.

20. Draft notice declaring the Goukamma Marine Protected Area. Interested persons are invited to submit written comments within 60 days from the date of publication and by no later than 16h00 on the last day. Published in GG 40996 Notice Number 707 dated 21 July 2017.

21. Draft regulations for the management of the Gouokamma Protected Area. Interested persons are invited to submit written comments within 60 days from the date of publication and by no later than 16h00 on the last day. Published in GG 40996 Notice Number 708 dated 21 July 2017.

Civil Aviation Act 13 of 2009

22. Proposed amendments to the Civil Aviation Regulations. Interested persons are invited to submit written comments on or before 21 August 2017. Published in GG 40993 Notice Number 697 dated 21 July 2017.

Broad-Based Black Economic Empowerment Act 53 of 2003

23. Draft Statement 005 of 2017: interested persons and the public are invited to submit written comments within 60 days from the date of this publication. Published in GG 40997 Notice Number 545 dated 21 July 2017.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL

Eastern Cape Province

33. Disaster Management Act 57 of 2002: declaration of a local state of disaster in the Kouga Municipal area due to widespread veld fires. Published in PG 3872 Notice Number 97 dated 6 July 2017.

34. Disaster Management Act 57 of 2002: declaration of a local state of disaster in the Kouga Municipal area due to the prevailing drought conditions. Published in PG 3876 Notice Number 102 dated 13 July 2017.

35. Disaster Management Act 57 of 2002: extension of the declaration of a local state of disaster in the Joe Gqabi District Municipality due to damaged road network. Published in PG 3880 Notice Number 142 dated 21 July 2017.

Kwa-Zulu Natal Province

36. eThekwini Metropolitan Municipality: adoption of the Municipal Spatial Development Framework 2017 – 2018. Published in PG 1855 Notice Number 94 dated 17 July 2017.

37. uPhongolo Municipality: Building Regulations By-law. Published in PG 1846 Notice Number 80 dated 6 July 2017.

38. Umhlathuze Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1853 Notice Number 93 dated 14 July 2017.

39. Dr Nkosazana Dlamini Zuma Local Municipality (Kwasani Local Municipality):
a. Amendment to the Planning and Land Use By-law. Published in PG 1856 Notice Number 95 dated 18 July 2017.
b. Advertising By-law. Published in PG 1846 Notice Number 76 dated 6 July 2017.
c. Refuse Removal By-law. Published in PG 1846 Notice Number 76 dated 6 July 2017.
d. Cemeteries, Crematoria and Funeral Undertakers By-law. Published in PG 1846 Notice Number 76 dated 6 July 2017.
e. Dumping and Littering By-law. Published in PG 1846 Notice Number 76 dated 6 July 2017.
f. Fire Prevention By-law. Published in PG 1846 Notice Number 76 dated 6 July 2017.
g. Nuisance By-law. Published in PG 1846 Notice Number 76 dated 6 July 2017.
h. Property Encroachment By-law. Published in PG 1846 Notice Number 76 dated 6 July 2017.

40. Alfred Duma Local Municipality:
a. Landfill Site (Refuse Removal) By-law. Published in PG 1842 Notice Number 72 dated 29 June 2017.
b. Nuisances and Behaviour in Public Places By-law. Published in PG 1842 Notice Number 72 dated 29 June 2017.
c. Outdoor Advertising By-law. Published in PG 1842 Notice Number 72 dated 29 June 2017.
d. Cemetery and Crematoria By-law. Published in PG 1842 Notice Number 72 dated 29 June 2017.
e. Electricity Supply By-law. Published in PG 1842 Notice Number 72 dated 29 June 2017.
f. Fire Brigade By-law. Published in PG 1842 Notice Number 72 dated 29 June 2017.
g. Problem Buildings By-law. Published in PG 1842 Notice Number 72 dated 29 June 2017.
h. Stormwater Management By-law. Published in PG 1842 Notice Number 72 dated 29 June 2017.
i. Waste Management By-law. Published in PG 1842 Notice Number 72 dated 29 June 2017.

Limpopo Province

41. Declaration of respective land parcels as nature reserves. Published in PG 2931 Notice Number 68 dated 7 July 2017.

Western Cape Province

42. Stellenbosch Municipality: declaration of a local state of drought disaster. Published in PG 7789 dated 7 July 2017.

43. Cape Agulhas Municipality: adoption of Spatial Development Framework. Published in PG 7789 dated 7 July 2017.

44. Cape Agulhas Municipality: Municipal Land Use Planning By-law. Published in PG 7792 dated 14 July 2017.

45. Drakenstein Local Municipality: Amendment to the Outdoor Advertising and Signage By-law. Published in PG 7789 dated 7 July 2017.

46. George Municipality: re-adoption of the Spatial Development Framework. Published in PG 7797 dated 21 July 2017.

47. City of Cape Town Metropolitan Municipality: extension of the declaration of a local state of disaster. Published in PG 7797 dated 21 July 2017.

Mpumalanga Province

48. Nkangala District Municipality: Outdoor Advertising By-law. Published in PG 2830 Notice Number 67 dated 14 July 2017.

Gauteng Province

49. National Environmental Management: Waste Act 59 of 2008: List of persons authorised in terms of the Gauteng Health Care Waste Management Regulations 2004. Published in PG 186 Notice Number 646 dated 26 July 2017.

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

Gauteng Province

50. City of Johannesburg Metropolitan Municipality: Proposed Dolomite Risk Management By-law. Written comments must be submitted within 30 days from date of publication of this notice. Published in PG 167 Notice Number 519 dated 7 July 2017.

Limpopo Province

51. Limpopo Tourism Bill 2017. Written comments must be submitted before 1 August 2017. Published in PG 2832 Notice Number 96 dated 14 July 2017.

Western Cape Province

52. Western Cape Provincial Road Traffic Administration Amendment Bill 3 of 2017. Interested persons are invited to submit written comments before or on 14 August 2017. Published in PG 7793 Notice Number 139 dated 14 July 2017.

53. Western Cape Local Government Laws Rationalisation Bill 4 of 2017. Interested persons are invited to submit written comments before or on 14 August 2017. Published in PG 7794 Notice Number 140 dated 14 July 2017.

54. City of Cape Town Metropolitan Municipality: Draft Municipal Spatial Development Framework. The draft framework is available for a 60-day commenting period from 24 July – 26 September 2017. Published in PG 7797 dated 21 July 2017.

Kwa-Zulu Natal Province

55. Revision of the adopted KwaDukuza Spatial Development Framework. Interested persons are invited to submit written comments by 29 September 2017. Published in PG 1860 Notice Number 102 dated 27 July 2017.

North-West Province

56. Final Draft Environmental Management Framework for the Greater Taung Local Municipality. Members of the public are invited to submit written comments within 30 days after publication of the notice. Published in PG 7783 Notice Number 149 dated 25 July 2017.

57. Final Draft Environmental Management Framework for the Dr Kenneth Kaunda District Municipality. Members of the public are invited to submit written comments within 30 days after publication of the notice. Published in PG 7783 Notice Number 150 dated 25 July 2017.

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 August 2017):

1. National Environmental Management Laws Amendment Bill (B14 of 2017)
2. Marine Spatial Planning Bill (B9 of 2017)
3. National Veld and Forest Fire Amendment Bill (B22 of 2016)
4. National Forests Amendment Bill (B11 of 2016)
5. National Land Transport Amendment Bill (B7 of 2016)
6. Plant Improvement Bill (B8 of 2015)
7. Plant Breeders Rights Bill (B11 of 2015)
8. 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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