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Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update – February 2018

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Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update – February 2018

5th March 2018

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

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1. Appointment of the Environmental Assessment Practitioners Association of South Africa as a Single Registration Authority in terms of section 24H of the Act. Published in GG 41434 Notice Number 104 dated 8 February 2018.

2. Procedure to be followed in applying for environmental authorisation for large scale electricity transmission and distribution development activities. Published in GG 41445 Notice Number 113 dated 16 February 2018.

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3. Procedure to be followed in applying for environmental authorisation for large scale wind and solar photovoltaic energy development activities. Published in GG 41445 Notice Number 114 dated 16 February 2018.

4. Publication of the Gauteng Provincial Environmental Management Framework Standard 2018. Published in GG 41473 Notice Number 164 dated 2 March 2018.

National Water Act 36 of 1998

5. Reserve determination of water resources for the Olifants-Doorn Catchments. Published in GG 41473 Notice Number 189 dated 2 March 2018.

National Heritage Resources Act 25 of 1999

6. Declaration of the Noordkapperpunt Stone-Walled Fish Trap as a National Heritage Site. Published in GG 41419  Notice Number 64 dated 2 February 2018.

7. Declaration of the Waaihoek Wesleyan Mission Church as a National Heritage Act. Published in GG 41419 Notice Number 63 dated 2 February 2018.

8. Declaration of the Great Place at the Mqhekezweni as a National Heritage Site. Published in GG 41445 Notice Number 109 dated 16 February 2018.

Disaster Management Act 57 of 2002

9. Reclassification of provincial disasters as a national disaster. Published in GG 41439 Notice Number 107 dated 13 February 2018.

National Nuclear Regulator Act 47 of 1999

10. Fees on nuclear authorisations. Published in GG 41473 Notice Number 92 dated 2 March 2018.

SECTION B: SAFETY AND HEALTH (NATIONAL)

National Health Act 61 of 2013

11. Norms and standards regulations applicable to different categories of health establishments. Published in GG 41419 Notice Number 67 dated 2 February 2018.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

12. Regulations on payment of funeral expenses to defendant of deceased employees made by the Minister under the Act. Published in GG 41427 Notice Number 82 dated 2 February 2018.

National Regulator for Compulsory Specifications Act 51 of 2008

13. Amendment to the Compulsory Specification for Hydraulic Brake and Clutch Fluid – VC8013. Published in GG 41473 Notice Number 173 dated 2 March 2018.

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

National Water Act 36 of 1998

14. Proposed service determination of water resources for the Mvoti Umzimkulu Catchments. Interested persons are invited to submit written comments within 60 days from the date of publication of the notice. Published in GG 41445 Notice Number 126 dated 16 February 2018.

National Environmental Management: Integrated Coastal Management Act 24 of 2008

15. Draft Buffalo River Mouth Estuarine Management Plan. Members of the public are invited to submit written comments within 30 days from the date of the publication of this notice in the Gazette. Published in GG 41445 Notice Number 116 dated 16 February 2018.

National Environmental Management: Biodiversity Act 10 of 2004

16. Draft amendments to the Alien and Invasive Species lists. Interested persons are invited to submit written comments within 30 days from the date of publication of the notice in the Government Gazette. Published in GG 41445 Notice Number 115 dated 16 February 2018

17. Draft Alien and Invasive Species Regulations. Interested persons are invited to submit written comments within 30 days from the date publication of this notice in the Government Gazette. Published in GG 41445 Notice Number 112 dated 16 February 2018

National Environmental Management Act 107 of 1998

18. National Guideline on Minimum Information Requirements for Preparing Environmental Impact Assessments for Mining Activities that Require Environmental Authorisation. Written comments must be submitted after 30 days of publication of this notice.  Published in GG 41432 Notice Number 86 dated 9 February 2018.

19. Draft Generic Environmental Management Programme applicable to an application for overhead electricity transmission and distribution infrastructure for which an environmental authorisation is required. Members of the public are invited to submit written comments within 45 days from the date of publication of this notice. Published in GG 41473 Notice Number 162 dated 2 March 2018.

20. Draft Generic Environmental Management Programme for the substation development and expansion which require an environmental authorisation. Members of the public are invited to submit written comments within 45 days from the date of publication of this notice. Published in GG 41473 Notice Number 163 dated 2 March 2018.

National Qualification Act 68 of 2008

21. Proposed Occupational Qualification for Registration on the Qualification-sub Framework for Trades and Occupations. Interested persons and organisations are invited to submit written comments within 21 days after the publication of this notice. Published in GG 41424 Notice Number 78 dated 5 February 2018.

National Regulator for Compulsory Specifications Act 51 of 2008

22. Proposed Compulsory Specification for polymer film for damp-proofing and waterproofing in buildings. Interested persons are invited to submit written comments on or before the date 2 months after the publication of this notice. Published in GG 41473 Notice Number 172 dated 2 March 2018.

Standard Act 8 of 2008

23. 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 41419 Notice Number 50 dated 2 February 2018 and in GG 41445 Notice Number 67 dated 16 February 2018.

Civil Aviation Act 13 of 2009

24.  Draft amendment to the Civil Aviation Regulation, 2011. Published in GG 41457 Notice Number 143 and 144 dated 23 February 2018. Interested person are required to submit written comments by the 23 March 2018.

Department of Agriculture, Forestry and Fisheries (DAFF)

25. Draft conservation agriculture policy and notice of consultation workshops. All interested and affected parties, institutions and individuals are invited to provide comments and attend the workshops. Written comments must be submitted within 60 days from the day of publication of this notice. Published in GG 41432 Notice Number 84 dated 9 February 2018.

Department of Transport (DoT)

26. Economic Regulation of Transport Bill, 2018. Interested person are required to submit written comments within 30 days from the day of publication of this notice in the Government Gazette. Published in GG 41437 Notice Number 106 dated 12 February 2018.

27. Revised White Paper on the National Transport Policy. Members of the public and vested stakeholders are invited to submit written comments before 30 March 2018. Published in GG 41469 Notice Number 151 dated 28 February 2018.

28. Draft Roads Policy for South Africa. Interested parties and organisations are invited to submit written comments within 30 days of the publication of this notice. Published in GG 41479 Notice Number 192 dated 2 March 2018.

Fertilizers, Farm Feeds, Agriculture Remedies and Stock Remedies Act 36 of 1947

29. Draft amendments to the Regulations relating to the Tariffs for the Registration of Fertilizers, Farm Feeds, Agriculture Remedies, Stock Remedies, Sterilizing Plants and Pest Control Operators, Appeals and Imports. Written comments must be submitted within 30 days of publication of this notice. Published in GG 41462 Notice Number 146 dated 23 February 2018.

Draft Livestock Identification and Traceability System in South Africa (LITS SA)

30. Revised Draft Livestock Identification and Traceability System in South Africa (LITS SA). Interested parties are invited to submit written comments within 30 days from the day of the publication of this notice. Published in GG 41440 Notice Number 108 dated 13 February 2018.

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

Free State Province

31. Notice of Withdrawal of the Declaration of Private Nature Reserve. Published in PG 110 Notice Number 225 dated 2 February 2018.


Eastern Cape Province

32. Disaster Management Act 57 of 2002: Renewal of declaration of a local state of disaster in the Kouga Municipal Area due to prevailing drought conditions. Published in PG 3994 Notice Number 20 dated 7 February 2018.

33. Disaster Management Act 57 of 2002:  Declaration of provincial  state of disaster. Published in PG 3999 Notice Number 26 dated 19 February 2018.


Gauteng Province

34. Disaster Management Act 57 of 2002: Declaration of local state of disaster in the City of Johannesburg Metropolitan Municipality following the severe weather conditions including a tornado that occurred in part of the jurisdictional area of the municipality. Published in PG 43 Notice Number 307 dated 21 February 2018.


Limpopo Province

35. Greater Letaba Local Municipality: Spatial Planning and Land Use Management By-Law. Published in PG 2878 Notice Number 13 dated 2 February 2018.

 

Western Cape Province:

36. City of Cape Town Metropolitan Municipality: Extension of a declared local state of disaster as a result of the drought. Published in PG 7879 dated 9 February 2018.

37. City of Cape Town Metropolitan Municipality: Extension of a declared local state of disaster as a result of the fire on 11 March 2017. Published in PG 7879 dated 9 February 2018.

38. Stellenbosch Municipality: Extension of a declared local state of disaster as a result of the drought. Published in PG 7879 dated 9 February 2018.

39. Office of the Premier of the Western Cape: extension of declaration of provincial state of disaster. Published in PG 7882 and 7883 Notice Number 23 and 24 dated 23 February 2018.

40. Stellenbosch Municipality: Office of the Executive Mayor. Intention of declaration of local state of disaster. Published in PG 7883 Notice dated 23 February 2018.

41. City of Cape Town Water By-Law 2010 – public notice in terms of the on-going drought situation. Published in PG 7879 dated 9 February 2018.

42. Stellenbosch Municipality: Electrical Services By-law. Published in PG 7871 dated 30 January 2018.

43. Langeberg Municipality: Electricity Supply By-law. Published in PG 7867 dated 26 January 2018.


Mpumalanga Province

44. Ehlanzeni District Municipality:  Correction notice regarding the promulgation of the Municipal Health By-laws published in Provincial Gazette 2887 dated 5 January 2018. Published in PG 2894 Notice Number 11 dated 9 February 2018.

45.  Mpumalanga Road Traffic Act 4 of 1998:  Mpumalanga Provincial Road Traffic Regulations, 2018. Published in PG 2900 Notice 14 dated 23 February 2018.


KwaZulu-Natal Province

46.  Disaster Management Act 57 of 2002: Declaration of KwaZulu-Natal Provincial state of disaster. Published in PG 1927 Notice 11 dated 16 February 2018.

47. National Environmental Management: Protected Areas 57 of 2003: Re-declaration of the uKhahlamba Drakensberg Park World Heritage Site as a ‘nature reserve’. Published in PG 1926 Notice 10 dated 15 February 2018.

48.  Inkosi Langalibalele Local Municipal: Nuisances and Behaviour in Public Places By-law. Published in PG 1926 Notice 9 dated 15 February 2018. 

49. Ulundi Spatial Planning and Land Use Management By-Law, 2017:  Commencement date of the by-law is 19 January 2017.  Published in PG 1928 Notice 8 dated 22 February 2018.

50. Greater Kokstad Municipality: amendment to the Spatial Planning and Land Use Management By-law. Published in PG 1931 Notice Number 13 dated 1 March 2018.

Northern Cape Province

51. John Taolo District Municipality: Commonages By-law 2018. Published in PG 2165 Notice 12 dated 12 February 2018.

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

Western Cape Province

52. Drakenstein Municipality: Annual Amendment of the Spatial Development Framework (SDF). Interested and affected parties are invited to submit written comments during the 60 day advertising period. Published in PG 7879 dated 9 February 2018.

53. Langeberg Municipality: Proposed amendment to the Municipal Land Use Planning By-Law. Written comments must be submitted by no later than 30 March 2018. Published in PG 7879 dated 9 February 2018.

54. Drakenstein Municipality: Draft Zoning Scheme By-Law. Interested persons are invited to submit written comments by no later than 26 March 2018. Published in PG 7883 Notice dated 23 February 2018.


Limpopo Province

55. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare certain land parcels as nature reserves. Members of the public are invited to submit written comments within 60 days from the date of publishing this notice. Published in PG 2883 Notice Number 22 dated 23 February 2018.


Eastern Cape Province

56. Eastern Cape Parks and Tourism Agency Bill 2018:  Interested persons are invited to submit written comments within 45 days of publishing hereof. Published in PG 3997 Notice 22 dated 12 February 2018.


Gauteng Province

57. Gauteng Department of Economic Development: Draft Gauteng Industry Transformation Regulatory Authority Bill 2018. Extension of public comment period - written comments must be submitted within 30 days from the publication of this notice. Published in PG 49 Notice 200 dated 27 February 2018.


KwaZulu-Natal Province

58. eThekwini Metropolitan Municipality: Draft Municipal Spatial Development Framework 2018-2019. Members of the public are invited to submit written comments by no later than 23 April 2018. Published in PG 1932 Notice 14 dated 1 March 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 2 March 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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