WARBURTON ATTORNEYS MONTHLY SUSTAINABILITY LEGISLATION, REGULATION AND PARLIAMENTARY UPDATE

JANUARY 2011

SECTION A: ENVIRONMENTAL (NATIONAL)

Agricultural Pests Act 36 of 1983

1. Amendment to the control measures. Published in GG 33936 Notice Number 19 dated 21 January 2011.

National Environmental Management: Waste Act 59 of 2008

2. National domestic waste collection standards. Published in GG 33939 Notice Number 21 dated 21 January 2011.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Firearms Control Act 60 of 2000

3. Regulations relating to the destruction of firearms. Published in GG 33919 Notice Number 5 dated 7 January 2011.

Medicines and Related Substances Act 101 of 1965

4. Information to be provided by manufacturers and importers of medicines and related substances for the single exit price. Published in GG 33964 Notice Number 49 dated 24 January 2011.

5. Amendment to the regulations relating to a transparent pricing system for medicines and scheduled substances (single exit price adjustment for the year 2011). Published in GG 33961 Notice Number 30 dated 24 January 2011.

Disaster Management Act 57 of 2002

6. Declaration of a national state of disaster. Published in GG 33949 Notice Number 27 dated 21 January 2011

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

National Environmental Management: Air Quality Act 39 of 2004

7. Proposed regulations regarding the phasing-out and management of ozone depleting substances in the Republic of South Africa. Published in GG 33925 Notice Number 12 dated 14 January 2011.

National Environmental Management Act 107 of 1998

8. Extension of time to comment on the draft amendments to the Environmental Impact Assessment Regulations, 2010 and Listing Notices. Published in GG 33954 Notice Number 46 dated 28 January 2011.

Aviation Act 74 of 1962

9. South African Civil Aviation Authority: Application for a licence of intent for the development of an aerodrome. Published in GG 33968 Notice Number 45 dated 28 January 2011.

Constitution of the Republic of South Africa, 1996

10. Publication of a bill amending the Constitution. Published for public comment in GG 33945 Notice Number 36 dated 21 January 2011.

Promotion of Access to Information Amendment Bill, 2011

11. Invitation to submit written comments on the Promotion of Access to Information Amendment Bill. Published in GG 33960 Notice Number 43 dated 24 January 2011.

National Health Amendment Bill, 2011

12. The bill will be tabled by the Minister of Health in Parliament this year. Published in GG 33962 Notice Number 44 dated 24 January 2011.

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

KwaZulu-Natal Province

13. Mandeni Municipality: Advertising Signs and Hoardings By-law. Published in PG 535 Notice Number 2 dated 12 January 2011.

14. Mandeni Municipality: Waste Management By-law. Published in PG 535 Notice Number 3 dated 12 January 2011.

Gauteng Province

15. Rationalisation of Local Affairs Act 10 of 1998: Ekurhuleni Metropolitan Municipality: Repeal of various by-laws. Published in PG 2 Notice Number 2 dated 5 January 2011.

16. Gauteng Transport Infrastructure Act 8 of 2001: Proclamation of an access road in connection with the Gautrain Rapid Rail Link between Pretoria, Johannesburg and the OR Tambo International Airport. Published in PG 8 Notice Number 114 dated 19 January 2011.

17. Gauteng Transport Infrastructure Act 8 of 2001: Cancellation of a notice in the provincial gazette: Notice 114 of 2011 dated 19 January 2011. Published in PG 15 Notice Number 294 dated 28 January 2011.

18. Gauteng Transport Infrastructure Act 8 of 2001: Proclamation of an access road in connection with the Gautrain Rapid Rail Link between Pretoria, Johannesburg and the OR Tambo International Airport. Published in PG 15 Notice Number 295 dated 28 January 2011.

19. Gauteng Transport Infrastructure Act 8 of 2001: Proclamation of a provincial railway line in connection with the Gautrain Rapid Rail Link between Pretoria, Johannesburg and the OR Tambo International Airport. Published in PG 15 Notice Number 296 dated 28 January 2011.

Northern Cape Province

20. Nature and Environment Conservation Ordinance 19 of 1974: Hunting Seasons, Daily Bag Limits and Hunting by Prohibited Hunting Methods. Published in PG 1487 Notice Number 1 dated 3 January 2011.

Eastern Cape

21. Local Government: Municipal Structures Act 117 of 1998: Correction notice. Published in PG 2508 Notice Number 7 dated 24 January 2011.

22. Nature and Environmental Conservation Ordinance 19 of 1974: Hunting seasons, daily bag limits and prohibited hunting methods. Published in PG 2505 Notice Number 1 dated 14 January 2011.

23. Nature Conservation Act 10 of 1987: Hunting season for the former Ciskei. Published in PG 2505 Notice Number 2 dated 14 January 2011.

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

Gauteng Province

24. Rationalisation of Local Affairs Act 10 of 1998: Ekurhuleni Metropolitan Municipality: Draft terms of restriction of access to public places. Published for comment in PG 2 Notice Number 1a dated 5 January 2011.

KwaZulu-Natal Province

25. Extension of comment period for procedures and standard terms for the keeping of animals in captivity. Published in PG 543 Notice Number 2 dated 28 January 2011.

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 1 February 2011)

• Before National Assembly Committees

➢ Rural Development and Land Reform General Amendment Bill (B33 - 2010)
➢ Merchant Shipping (Safe Containers Convention) Bill (B31 - 2010)
➢ Local Government: Municipal Systems Amendment Bill (B22 - 2010)
➢ Deeds Registries Amendment Bill (B13 - 2010)
➢ Traditional Courts Bill (B15 - 2008)
➢ Protection of Information Bill (B6 - 2010)
➢ Protection from Harassment Bill (B1 - 2010)
➢ Protection of Personal Information Bill (B9 - 2009)
➢ Constitution Seventeenth Amendment Bill (B8 - 2009)
➢ Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Bill (B3 - 2009)

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