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Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update

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Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update

5th May 2016

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Water Act 36 of 1998

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1. Limiting the use of water for irrigation and urban purposes from the Ohrigstad and Mkhombo/Rhenosterkop and Buffelskloof Subsystems/Dams and Catchments in the Mpumalanga Province. Published in GG 39943 Notice Number 465 dated 22 April 2016.

2. Classes and resource quality objectives of water resources for the Olifants Catchment. Published in GG 39943 Notice Number 466 dated 22 April 2016.

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3. Classes and resource quality objectives of water resources for the Olifants-Doorn Catchment. Published in GG 39943 Notice Number 467 dated 22 April 2016.

4. Classes and resource quality objectives of water resources for the Catchments of the Upper Vaal. Published in GG 39943 Notice Number 468 dated 22 April 2016.

5. Classes and resource quality objectives of water resources for the Catchments of the Middle Vaal. Published in GG 39943 Notice Number 469 dated 22 April 2016.

6. Classes and resource quality objectives of water resources for the Catchments of the Lower Vaal. Published in GG 39943 Notice Number 470 dated 22 April 2016.

7. Restrictions on the use of water for domestic, industrial and agricultural purposes in the Mzimbuvu-Tsitsikamma Water Management Area in the Eastern Cape province. Published in GG 39963 Notice Number 496 dated 29 April 2016.

Electricity Regulation Act 4 of 2006

8. Determination under section 34(1) of the Act. Published in GG 39940 Notice Number 454 dated 20 April 2016.

Disaster Management Amendment Act 16 of 2015

9. Commencement date of the Amendment Act is 1 May 2016. Published in GG 39943 Notice Number 24 dated 22 April 2016.

South African Weather Service Act 8 of 2001

10. Regulations regarding fees for the provision of aviation meteorological services. Published in GG 39919 Notice Number 422 dated 13 April 2016.

Promotion of Access to Information Act 2 of 2000

11. Description submitted in terms of the Act: City of Johannesburg Metropolitan Municipality. Published in GG 39922 Notice Number 432 dated 15 April 2016.

12. Description submitted in terms of the Act: Department of Environmental Affairs. Published in GG 39922 Notice Number 435 dated 15 April 2016.

13. Description submitted in terms of the Act: Gauteng Provincial Department of Economic Development. Published in GG 39922 Notice Number 434 dated 15 April 2016.

14. Description submitted in terms of the Act: North West Provincial Government: Office of the Premier. Published in GG 39922 Notice Number 433 dated 15 April 2016.

15. Description submitted in terms of the Act: South African Human Rights Commission. Published in GG 39943 Notice Number 460 dated 22 April 2016.

Consumer Price Index

16. Consumer Price Index (CPI) for March 2016. Published in GG 39960 Notice Number 263 dated 29 April 2016.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Compensation for Occupational Injuries and Diseases Act 130 of `993

17. Increase in monthly pensions. Published in GG 39931 Notice Number 447 dated 15 April 2016.

18. Amendment of Schedule 4 of the Act. Published in GG 39931 Notice Number 448 dated 15 April 2016.

19. Increase of maximum amount of earnings on which the assessment of an employer shall be calculated. Published in GG 39931 Notice Number 449 dated 15 April 2016.

20. Rules, Forms and Particulars. Published in GG 39928 Notice Number 444 dated 15 April 2016.

21. Annual increase in medical tariffs for service providers. Published in GG 39956 Notice Number 257 and GG 39955 Notice Number 258 dated 26 April 2016.

National Railway Safety Regulator Act 5 of 2008

22. Determination of permit fees. Published in GG 39922 Notice Number 439 dated 15 April 2016.

Merchant Shipping (International Oil Pollution Compensation Fund) Contributions Act 36 of 2013

23. Determination of rate of levy for 2014 tax period. Published in GG 39922 Notice Number 222 dated 15 April 2016.

Standards Act 8 of 2008

24. Issue of new SANS Standards. Published in GG 39943 Notice Number 252 dated 22 April 2016.

Agricultural Product Standards Act 119 of 1990

25. Amendment to the regulations regarding inspections and appeals: local. Published in GG 39925 Notice Number 441 dated 15 April 2016.

26. Amendment to the regulations regarding inspections and appeals: export. Published in GG 39925 Notice Number 442 dated 15 April 2016.

27. Amendment to the regulations regarding the grading, packing and marking of eggs destined for sale in the Republic of South Africa. Published in GG 39924 Notice Number 440 dated 15 April 2016.

28. Amendment to the standards and requirements regarding control of the export of citrus fruits. Published in GG 39922 Notice Number 424 dated 15 April 2016.

29. Standards and requirements regarding the control of the export of in-shell macadamia nuts. Published in GG 39943 Notice Number 455 dated 22 April 2016.

30. Amendment to the export standards and requirements regards products. Published in GG 39947 Notice Number 478 dated 22 April 2016.

31. Standards and requirements regarding the control of the export of in-shell pecan nuts. Published in GG 39948 Notice Number 479 dated 22 April 2016.

32. Amendment to the regulations regarding control over the sale of poultry meat. Published in GG 39944 Notice Number 471 dated 22 April 2016.

Marketing of Agricultural Products Act 47 of 1996

33. Establishment of statutory measure and determination of levies for Fynbos products. Published in GG 39963 Notice Number 493 dated 29 April 2016.

34. Establishment of statutory measure: records and returns relating to Fynbos products as well as production and export information. Published in GG 39963 Notice Number 494 dated 29 April 2016.

35. Establishment of statutory measure: registration of producers, packers and exporters of Fynbos products. Published in GG 39963 Notice Number 495 dated 29 April 2016.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL

Draft National Legislation and Regulations

National Environmental Management: Biodiversity Act 10 of 2004

36. Draft Biodiversity Management Plan for Hartbeesspruit Ecosystem. Members of the public are invited to submit written comments within 30 days of the publication of the notice. Published in GG 39922 Notice Number 427 dated 15 April 2016.

Department of Mineral Resources

37. Review of the Broad-Based Black Economic Empowerment Charter for the South African Mining and Minerals Industry 2016. Interested and affected parties are invited to submit written comments within 30 days of publication of this notice. Published in GG 39933 Notice Number 450 dated 15 April 2016.

Astronomy Geographic Advantage Act 21 of 2007

38. Proposed regulations on the protection of the Karoo Central Astronomy Advantage Areas – extension of the period for public comments. Interested persons are invited to submit written comments within 60 days of date of the publication of this notice. Published in GG 39939 Notice Number 453 dated 20 April 2016.

Civil Aviation Act 13 of 2009

39. Proposed amendments to the Civil Aviation Regulations 2011. Interested persons are invited to submit written comments on or before 7 May 2016. Published in GG 39914 Notice Number 417 dated 8 April 2016.

National Regulator for Compulsory Specifications Act 5 of 2008

40. Proposed amendments to the Compulsory Specification for Earth Leakage Protection Devices. Interested persons are invited to submit written comments on or before the date 2 months after the publication of this notice. Published in GG 39922 Notice Number 438 dated 15 April 2016.

Marketing of Agricultural Products Act 47 of 1996

41. Proposed application for the continuation of statutory measures on olive products. Directly affected groups are invited to submit written comments on or before 13 May 2016. Published in GG 39922 Notice Number 204 dated 15 April 2016.

Agricultural Product Standards Act 119 of 1990

42. Proposed amendments to regulations relating to the grading, packing and marking of soya beans intended for sale in the Republic of South Africa. All interested parties are requested to submit written comments within 30 days from the date of publication of this notice. Published in GG 39946 Notice Number 477 dated 22 April 2016.

Agricultural Produce Agents Act 12 of 1992

43. Proposed amendment to the Export Agent Rules. Industry stakeholders are invited to submit written comments on or before 6 May 2016. Published in GG 39943 Notice Number 48 dated 22 April 2016.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL

Provincial Legislation and Municipal By-Laws

Eastern Cape Province

44. Disaster Management Act 57 of 2002: extension of declared local state of drought disaster. Published in PG 3648 Notice Number 57 dated 8 April 2016.

45. Disaster Management Act 57 of 2002: extension of declared local state of organic pollution disaster. Published in PG 3648 Notice Number 58 dated 8 April 2016.

46. Disaster Management Act 57 of 2002: Declaration of provincial state of disaster. Published in PG 3656 Notice Number 70 dated 22 April 2016.

47. Disaster Management Act 57 of 2002: extension of declared local state of drought disaster for the OR Tambo District Municipality. Published in PG 3657 Notice Number 71 dated 25 April 2016.

KwaZulu-Natal Province

48. Disaster Management Act 57 of 2002: Extension of the declaration of a provincial state of disaster. Published in PG 1651 Notice Number 81 dated 8 April 2016.

49. National Environmental Management Act 107 of 1998: Adoption of the Environmental Management Framework for the Richards Bay Industrial Zone and Port Expansion. Published in PG 1654 Notice Number 10 dated 14 April 2016.

50. KwaZulu-Natal Health Act 4 of 2000: Amendment to the tariffs in terms of the regulations relating to the administration, management and control of private hospitals, services and institutions. Published in PG 1658 Notice Number 87 dated 20 April 2016.

Northern Cape Province

51. Magareng Local Municipality: Land Use Management By-law. Published in PG 2004 Notice Number 30 dated 11 April 2016.

52. Disaster Management Act 57 of 2002: Extension of the declaration of a provincial state of drought disaster. Published in PG 2005 Notice Number 31 dated 15 April 2016.

Western Cape Province

53. Saldanha Bay Industrial Development Zone Licensing Company Act 1 of 2016. Published in PG 7600 Notice Number 128 dated 8 April 2016.

54. Heritage Western Cape: Provisional protection of heritage resources. Published in PG 7581 dated 11 March 2016.

55. Mossel Bay Municipality: Amendment to the Water Services By-law. Published in PG 7603 Notice Number 135 dated 15 April 2016.

56. Cederberg Municipality: Municipal Land Use Planning By-law. Published in PG 7604 Notice Number 137 dated 15 April 2016.

Gauteng Province

57. Nature Conservation Ordinance 12 of 1983: open season: ordinary game. Published in PG 144 Notice Number 144 dated 19 April 2016.

Mpumalanga Province

58. Spatial Planning and Land Use Management By-law: Chief Albert Luthlui, Dipaleseng, Dr Pixley ka Isaka Seme, Lekwa, Mkhondo and Msukaligwa Local Municipalities. Published in PG 2683 Notice Number 8 dated 22 April 2016.

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

Gauteng Province

59. City of Johannesburg Metropolitan Municipality: proposed amendment to the Treated Effluent Water Advertising By-law. The public are invited to submit written comments before the end of the day on 31 May 2016. Published in PG 136 Notice Number 579 dated 14 April 2016.

60. City of Johannesburg Metropolitan Municipality: proposed amendment to the Outdoor Advertising By-law. The public are invited to submit written comments before the end of the day on 31 May 2016. Published in PG 136 Notice Number 581 dated 14 April 2016.

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 3 May 2016):

1. National Land Transport Amendment Bill (B7 of 2016)
2. Plant Improvement Bill (B8 of 2015)
3. Plant Breeders Rights Bill (B11 of 2015)
4. Mineral and Petroleum Resources Development Amendment Bill (B15 of 2013)

 

Submitted by Warburton Attorneys

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