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Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update - January 2017

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Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update - January 2017

Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update - January 2017

6th February 2017

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

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1. Department of Trade and Industry Environmental Implementation Plan 2015-2020 – 4th Edition. Published in GG 40577 Notice Number 59 dated 27 January 2017.

2. Mapungubwe Cultural Landscape World Heritage Site Environmental Management Framework. Published in GG 40593 Notice Number 57 dated 3 February 2017.

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National Water Act 36 of 1998

3. Limiting the use of water: Osca Molopo Groundwater Aquifer. Published in GG 40577 Notice Number 60 dated 27 January 2017.

Merchant Shipping Act 57 of 1951

4. Merchant Shipping (Radio Installations) Amendment Regulations 2016. Published in GG 40568 Notice Number 44 dated 23 January 2017.

Taxation Laws Amendment Act 15 of 2016

5. Amends the Mineral and Petroleum Resources Royalty Act 28 of 2008. Published in GG 40562 Notice Number 40 dated 20 January 2017.

Taxation Laws Amendment Act 16 of 2016

6. Amends the Mineral and Petroleum Resources Royalty (Administration) Act 29 of 2008. Published in GG 40563 Notice Number 41 dated 20 January 2017.

Statistics South Africa

7. Consumer Price Index (CPI) for December 2016. Published in GG 40593 Notice Number 71 dated 3 February 2017.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Occupational Health and Safety Act 85 of 1993

8. Code of Practice for Existing Goods Hoists Installations, Lift, Escalator and Passenger Conveyor Regulations, 2010. Published in GG 40594 Notice Number 94 dated 3 February 2017.

Medicines and Related Substances Act 101 of 1965

9. Regulations relating to a transparent pricing system for medicines and scheduled substances: dispensing fee for pharmacists.

Health Professions Act 56 of 1974

10. Regulations relating to the qualifications for registration of basic ambulance assistants, ambulance emergency assistants, operational emergency care orderlies and paramedics. Published in GG 40677 Notice Number 49 dated 27 January 2017.

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

Occupational Health and Safety Act 85 of 1993

11. Draft Ergonomics Regulations. Interested persons are invited to submit written comments within 90 days from the date of publication of this notice. Published in GG 40578 Notice Number 64 dated 27 January 2017.

National Environmental Management: Protected Areas Act 57 of 2003

12. Proposed Cultural Heritage Survey Guidelines and Assessment Tools for Protected Areas in South Africa. Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 40593 Notice Number 83 dated 3 February 2017.

South African Weather Services Act 8 of 2001

13. Proposed regulations regarding the fees for aviation and meteorological services. Members of the public are invited to submit written comments within 30 days after the publication of the notice. Published in GG 40572 Notice Number 45 dated 25 January 2017.

Civil Aviation Act 13 of 2009

14. Proposed amendments to the Civil Aviation Regulations 2011. Interested persons are invited to submit written comments on or before 27 February 2017. Published in GG 40581 Notice Number 68 dated 27 January 2017.

Medicines and Related Substances Act 101 of 1965

15. Draft General Medicine Regulations. Interested persons are invited to submit written comments within 3 months from the date of publication. Published in GG 40577 Notice Number 50 dated 27 January 2017.

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

KwaZulu-Natal Province

16. Extension of the declaration of a provincial state of disaster. Published in PG 1778 Notice Number 1 dated 5 January 2017.

17. Spatial Planning and Land Use Management By-law:
a. Mthonjaneni Municipality. Published in PG 1783 Notice Number 2 dated 19 January 2017.
b. Umhlabuyalingana Municipality. Published in PG 1783 Notice Number 3 dated 19 January 2017.
c. Nkandla Municipality. Published in PG 1783 Notice Number 4 dated 19 January 2017.
d. Abaqulusi Municipality. Published in PG 1783 Notice Number 5 dated 19 January 2017.
e. uPhongolo Municipality. Published in PG 1783 Notice Number 6 dated 19 January 2017.
f. Ulundi Municipality. Published in PG 1783 Notice Number 7 dated 19 January 2017.
g. éDumbe Municipality. Published in PG 1783 Notice Number 8 dated 19 January 2017.
h. Umfolozi Municipality. Published in PG 1783 Notice Number 9 dated 19 January 2017.

18. KwaZulu-Natal Nature Conservation Board: appointment of board of directors. Published in PG 1784 Notice Number 8 dated 26 January 2017.

North-West Province

19. Spatial Development Framework 2016 for the North West Province. Published in PG 7723 Notice Number 1 dated 12 January 2017.

Western Cape Province

20. City of Cape Town Metropolitan Municipality: Constitution of the Transport and Urban Development Authority for Cape Town By-law 2016. Published in PG 7716 dated 13 January 2017.

Limpopo Province

21. National Environmental Management: Protected Areas Act 57 of 2003: declaration of farms as nature reserves. Published in PG 2781 Notice Number 5 dated 27 January 2017.

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

Northern Cape Province

22. Notice of intention to compile a Spatial Development Framework and Land Use Management System for the Dawid Kruiper Municipality. Interested persons are invited to register as an interested and affected party. Published in PG 2070 Notice Number 6 dated 30 January 2017.

Gauteng Province

23. City of Johannesburg Metropolitan Municipality: Draft Dolomite Risk Management By-law. Written comments must be submitted by the end of the day on 1 March 2017. Published in PG 16 Notice Number 50 dated 1 February 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 February 2017):

1. National Veld and Forest Fire Amendment Bill (B22 of 2016)
2. National Forests Amendment Bill (B11 of 2016)
3. National Land Transport Amendment Bill (B7 of 2016)
4. Plant Improvement Bill (B8 of 2015)
5. Plant Breeders Rights Bill (B11 of 2015)
6. 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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