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Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update April 2018

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Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update April 2018

6th June 2018

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

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Amendment to the Regulations Pertaining to the Financial Provision for Prospecting, Exploration, Mining or Production Operations. Published in GG 41584 Notice Number 452 dated 20 April 2018.

Publication of Environmental Implementation Plan (EIP): 2015-2020 for the Department of Tourism. Published in GG 41581 Notice Number 197 dated 20 April 2018.

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Subdivision of Agricultural Land Act 70 of 1970

Revised tariffs for services rendered in terms of the Act and the Conservation of Agricultural Resource Act 43 of 1983. Published in GG 41561 Notice Number 417 dated 6 April 2018.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Mine Health and Safety Act 29 of 1996

Guideline for the Compilation of a Mandatory Code of Practice for an Occupational Health Programme (Occupational Hygiene and Medical Surveillance) on Personal Exposure to Airborne Pollutants. Published in GG 41561 Notice Number 419 dated 6 April 2018.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Annual increase in medical tariffs for medical service providers: Physiotherapist, Occupational Therapy and Chiropractor. Published in GG 41596 Notice Number 212 dated 25 April 2018.

As amended: Annual increase in medical tariffs for Medical Service Providers. Schedule for Private Ambulance. Published in GG 41596 Notice Number 213 dated 25 April 2018.

As amended: Annual increase in medical tariffs for medical service providers. Fees for Dental Services. Published in GG 41596 Notice Number 214 dated 25 April 2018.

As amended: Annual increase in medical tariffs for medical service providers. Fees Medical Aid. Published in GG 41596 Notice Number 215 dated 25 April 2018.

As amended: Annual increase in Medical Tariffs for Medical Service Providers. Fund guide to fees for Orthoptists / Prosthetists. Published in GG 41596 Notice Number 216 dated 25 April 2018.

As amended: Annual increase in Medical Tariffs for Medical Service Providers. Fund guide to fees Rental Care. Published in GG 41596 Notice Number 217 dated 25 April 2018.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL

Draft National Legislation and Regulations

National Environmental Management Act 107 of 1998

Proposed National Health Care Risk Waste Management Regulations. Members of the public are invited to submit written comments within 30 days of the publication of this notice. Published in GG 41601 Notice Number 463 dated 30 April 2018.

Proposed National Norms and Standards of Validation of the Treatment Efficacy and Operation of a Non-Combustion Treatment Technology used to Treat Health Care Risk Waste. Members of the public are invited to submit written comments within 30 days of the publication of this notice. Published in GG 41601 Notice Number 464 dated 30 April 2018.

World Heritage Convention Act 49 of 1999

Isimangaliso World Heritage Site: Call requesting nominations for the appointment of suitable persons as members of the Board. Published in GG 41574 Notice Number 427 dated 13 April 2018.

Health Professions Act 56 of 1974

Proposed Rules relating to the payment of fees for accreditation of Education and Training. Interested persons are invited to submit written comments within 3 months from the date of publication of this notice. Published in GG 41571 Notice Number 49 dated 13 April 2018.

Standard Act 8 of 2008

Draft standards issued for public comment, proposed amendments to existing SANS codes for public comment, issuance of new standards, amendment of current standards and withdrawn standards. Published in GG 41581 Notice Number 198 dated 20 April 2018 and in GG 41593 Notice Number 210 dated 30 April 2018.

National Road Traffic Act 93 of 1996

Proposed amendments to the National Road Traffic Regulations. All interested parties are invited to submit written comments within 4 weeks from the date of publication of this notice. Published in GG 41581 Notice Number 198 dated 20 April 2018 and in GG 41593 Notice Number 210 dated 24 April 2018.

Civil Aviation Act 13 of 2009

Civil Aviation Regulation, 2011. Interested persons are hereby invited to submit written comments on these draft amendments on or before the 28 May 2018. Published in GG 41589 Notice Number 454 dated 24 April 2018.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL

Provincial Legislation and Municipal By-Laws

Western Cape Province

Swartland Municipality: Extension of Declaration of a Local State of Disaster within the Boundaries of the Swartland Municipality due to the continuing drought. Published in PG 7906 dated 6 April 2018.

Swellendam Municipality: By-Law relating to the Management and Administration of Immovable Property. Published in PG 7906 dated 6 April 2018.                                                                                                   

Swellendam Municipality: Correction Notice: By-Law relating to the Management and Administration of Immovable Property. Published in PG 7913 dated 13 April 2018.

Bergriver Municipality: By-Law relating to Municipal Land Use Planning. Published in PG 7910 dated 6 April 2018.

Saldanha Bay Municipality: Air Quality By-Law. Published in PG 7912 dated 13 April 2018.

Saldanha Bay Municipality: By-Law Relating to Boundary Walls and Fences Published in PG 7912 dated 13 April 2018.

Saldanha Bay Municipality: Cemeteries and Crematoria By-Law. Published in PG 7912 dated 13 April 2018.

Saldanha Bay Municipality: Electricity Supply By-Law. Published in PG 7912 dated 13 April 2018.

Saldanha Bay Municipality: Fire Safety By-Law. Published in PG 7912 dated 13 April 2018.

Saldanha Bay Municipality: Integrated Waste Management By-Law. Published in PG 7912 dated 13 April 2018.

Saldanha Bay Municipality: Outdoor Advertising and Signage By-Law. Published in PG 7912 dated 13 April 2018.

Saldanha Bay Municipality: By-Law relating to the submission of Building Plans. Published in PG 7912 dated 13 April 2018.

Saldanha Bay Municipality: By-Law relating to Public Nuisances. Published in PG 7912 dated 13 April 2018.

Saldanha Bay Municipality: By-Law relating to Roads and Streets. Published in PG 7912 dated 13 April 2018.

Saldanha Bay Municipality: Storm Water Management By-Laws. Published in PG 7912 dated 13 April 2018.

Saldanha Bay Municipality: By-Law relating to Water Supply, Sanitation Services and Industrial Effluent. Published in PG 7912 dated 13 April 2018.

Saldanha Bay Municipality: Public Amenities By-Laws. Published in PG 7912 dated 13 April 2018.

Department of Environmental Affairs and Development Planning: Declaration of Mountonshoek Protected Environment. Published in PG 7916 Notice Number 56 dated 20 April 2018.

City of Cape Town Metropolitan Municipality: Extension of a Local State of Disaster as a result of the devastating fire on 11 March 2017. Published in PG 7916 dated 20 April 2018.

City of Cape Town Metropolitan Municipality: Extension of Declaration of a Local State of Disaster as a result of the on-going drought. Published in PG 7916 dated 20 April 2018.

Eden District Municipality: Spatial Development Framework. Published in PG 7917 dated 20 April 2018.

Swartland Municipality: Extension of Declaration of a Local State of Disaster within the Boundaries of the Swartland Municipality fire at Swartland Hospital. Published in PG 7918 dated 26 April 2018.

Eastern Cape Province

National Environmental Management: Protected Areas Act 57 of 2003: Declaration of Nature Reserves and Protected Environments. Published in PG 4030 Notice 70 dated 13 April 2018.

Nature and Environmental Conservation Ordinance Act 19 of 1974: MEC for Economic Development, Environmental Affairs and Tourism. Published in PG 4037 Notice 2 dated 30 April 2018.

Northern Cape Province

Spatial Planning and Land Use Management Act 16 of 2013: Land Use Management By-law for Dawid Kruiper Municipality. Published in PG 2177 Notice 51 dated 16 April 2018

Gauteng Province

Nature Conservation Ordinance Act 12 of 1983, as amended): Open season: Ordinary game. Published in PG 113 Notice 612 dated 23 April 2018.

Free State Province

Declaration of the Free State part of the Igula Nature Reserve in terms of the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)(as amended). Published in PG 9 Notice 9 dated 26 April 2018.

SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL

Draft Provincial Legislation and Municipal By-Laws

Northern Cape Province

Spatial Planning and Land Use Management Act 16 of 2013: Compilation of a Land Use Management System (Zoning Scheme, Land Development Procedures, Regulations and By-Laws-LUMS) for the Khâi-Ma Municipality. Published in PG 2176 Notice 49 dated 16 April 2018.

Eastern Cape Province

Spatial Development Framework 2017-2018 Review: OR Tambo District Municipality. Members of the public are invited to submit written comments within 60 days after publication of this notice. Published in PG 4030 dated 13 April 2018

Gauteng Province

Local Government: Municipal Finance Management Act 56 of 2003: Electricity Distribution Services Feasibility Study Report: Midvaal Local Municipality. Members of the public are invited to submit written comments respect of the Feasibility Study Report on or before 14 May 2018 Published in PG 99 Notice 600 dated 11 April 2018.

Limpopo Province

Municipal Systems Act 2000: Ebrahim Mogale Local Municipality: Invitation to Public Hearing Sessions on the Land Use Management Scheme. Published in PG 2896 Notice 56 dated 20 April 2018.

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)

Bills before Parliament (as of 3 May 2018)

  1. Labour Relations Amendment Bill (B32 of 2017)
  2. National Minimum Wage Bill (B31 of 2017)
  3. Basic Conditions of Employment Amendment Bill (B30 of 2017)
  4. Labour Laws Amendment Bill (B29 of 2017)
  5. Agricultural Product Standards Amendment Bill (B21 of 2017)
  6. South African National Roads Agency Limited and National Roads Amendment Bill (B20 of 2017)
  7. National Environmental Management Laws Amendment Bill (B14 of 2017)
  8. Marine Spatial Planning Bill (B9 of 2017)
  9. National Forests Amendment Bill (B11 of 2016)
  10. National Land Transport Amendment Bill (B7 of 2016)
  11. Plant Improvement Bill (B8 of 2015)
  12. Plant Breeders Rights Bill (B11 of 2015)
  13. 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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