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

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

6th September 2018

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management: Waste Act 59 of 2008

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Regulations regarding the exclusion of a waste stream or a portion of a waste stream from the definition of waste. Published in GG 41777 Notice Number 715 dated 18 July 2018.

National Environmental Management Act 107 of 1998

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Corrections to the 2014 Environmental Impact Assessment (EIA) Regulations and Listing Notices. Published in GG 41766 Notice Number 706 dated 13 July 2018.

National Environmental Management: Biodiversity Act 10 of 2004

Declaration of the Extension of Kwelera National Botanical Garden. Published in GG 41766 Notice Number 705 dated 13 July 2018.

Income Tax Act 58 of 1962

Approval of Coega Special Economic Zone. Published in GG 41758 Notice Number 694 dated 6 July 2018.

Approval of Dube Tradeport Special Economic Zone. Published in GG 41758 Notice Number 695 dated 6 July 2018.

Approval of East London Special Economic Zone. Published in GG 41758 Notice Number 696 dated 6 July 2018.

Approval of Maluti-A-Phofung Special Economic Zone. Published in GG 41758 Notice Number 697 dated 6 July 2018.

Approval of Richards Bay Special Economic Zone. Published in GG 41758 Notice Number 698 dated 6 July 2018.

Approval of Saldanha Bay Special Economic Zone. Published in GG 41758 Notice Number 699 dated 6 July 2018.

Employment Tax Incentive Act 26 of 2013

Designation by the Minister of Finance, with effect from 1 August 2018, for the Special Economic Zones approved in terms of the Income Tax Act 58 of 1962. Published in GG 41759 Notice Number 700 dated 6 July 2018.

Broad-Based Black Economic Empowerment Act 53 of 2003

Memorandum of Understanding entered into between the B-BBEE Commission and The South African Revenue Service. Published in GG 41754 Notice Number 374 dated 6 July 2018 and GG 41796 Notice Number 418 dated 27 July 2018.

Marine Living Resources Act 18 of 1998

Commencement of 2020 Fishing Rights Allocation Process ("FRAP2020") for granting of Commercial Fishing Rights in terms of section 18 of the Act. Published in GG 41781 Notice Number 718 dated 20 July 2018.

Statistics South Africa

Consumer Price Index: June 2018. Published in GG 41769 Notice Number 416 dated 27 July 2018.

SECTION B: SAFETY AND HEALTH (NATIONAL)

National Health Act 61 of 2003

Material Transfer Agreement of Human Biological Materials. Published in GG 41781 Notice Number 719 dated 20 July 2018.

Agricultural Product Standards Act 119 of 1990

Amendment to the standards and requirements regarding control of the export of fresh cut flowers and fresh ornamental foliage. Published in GG 41796 Notice Number 747 dated 27 July 2018.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL

Draft National Legislation and Regulations

National Environmental Management: Waste Act 59 of 2008

Proposed amendments to the National Waste Information Regulations, 2012. Members of the public are invited to submit written comments within 30 days after the publication of this notice. Published in GG 41760 Notice Number 701 dated 6 July 2018.

National Environmental Management Act 107 of 1998

Proposed Regulations to Phase-out the use of Persistent Organic Pollutants. Members of the public are invited to submit written representations on or objections to the proposed amendments within 30 days after the publication of this notice. Published in GG 41790 Notice Number 744 dated 24 July 2018.

National Energy Act of 2008

Draft Regulations for the mandatory display and submission of energy performance certificates for buildings. Interested persons and organisations are invited to submit written comments within 60 days. Published in GG 41754 Notice Number 369 dated 6 July 2018. 

National Forests Act 84 of 1998

Proposed list of particular trees and particular groups of trees to be declared as “Champion Trees”. Interested and affected parties are invited to submit written comments within 60 days of the publication of this notice. Published in GG 41811 Notice Number 430 dated 3 August 2018.

Mineral and Petroleum Resources Development Act 28 of 2002

Proposed prohibition or restriction of prospecting or mining relating to the social and political climate at Xolobeni. Relevant stakeholders are invited to submit written presentations within 21 days from the date of publication of this notice. Published in GG 41811 Notice Number 781 dated 3 August 2018. 

National Health Amendment Bill, 2018

Notice of intent to introduce the Bill into Parliament and invitation for public comment thereon. Interested parties and institutions are invited to submit written representations within 30 days of the publication of this notice. Published in GG 41789 Notice Number 408 dated 24 July 2018.

South African Maritime and Aeronautical Search and Rescue Act 44 of 2002

Draft South African Emergency Beacon Regulations, 2018. Interested persons are invited to submit their written comments within 30 days of the publication of this notice. Published in GG 41788 Notice Number 743 dated 23 July 2018.

Proposed South African Aeronautical and Maritime Search and Rescue (AMSAR) Amendment Regulations, 2018. Interested persons are invited to submit their written comments within 30 days from the date of publication of this Notice. Published in GG 41797 Notice Number 419 dated 26 July 2018.

Medicines and Related Substances Act 101 of 1965

Draft dispensing fee to be charged by persons licensed in terms of section 22c(1)(a). Interested persons are requested to submit comments in writing within 3 months of publication of this notice. Published in GG 41762 Notice Number 702 dated 9 July 2018.

Draft regulations relating to a transparent pricing system for medicines and scheduled substances: (draft dispensing fee for pharmacists). Interested persons are requested to submit comments in writing within 3 months of publication of this notice. Published in GG 41762 Notice Number 703 dated 9 July 2018.

Proposed annual Single Exit Price Adjustment (SEPA) of medicines and scheduled substances for the year 2019. Interested persons are requested to submit comments in writing within 3 months of publication of this notice. Published in GG 41762 Notice Number 704 dated 9 July 2018.

National Regulator for Compulsory Specifications Act 5 of 1008

Draft compulsory specification for processed meat products. Interested persons are invited to submit written comments on or before the date 2 months from the publication of this notice. Published in GG 41781 Notice Number 724 dated 20 July 2018.

Standards Act 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 41781 Notice Number 404 dated 20 July 2018, in GG 41766 Notice Number 393 dated 13 July 2018 and in GG 41811 Notice Number 439 dated 3 August 2018.

Nursing Act 33 of 2005

Proposed regulations regarding the register for learner/student nurses and learner/student midwives. Interested persons are requested to submit written comments within 3 months from the date of publication of this notice. Published in GG 41781 Notice Number 720 dated 20 July 2018.

Proposed regulations relating to the approval of and the minimum requirements for the education and training of a learner/student leading to the registration in the category midwife. Interested persons are requested to submit written comments within 3 months from the date of publication of this notice. Published in GG 41768 Notice Number 713 dated 11 July 2018.

Astronomy Geographic Advantage Act 21 of 2007

Notice of intention to declare certain mining activities to be prohibited within the Sutherland Central Astronomy Advantage Area in terms of the Act. Interested or affected persons and members of the public are invited to submit written comments within 60 days from the date of publication of this notice. Published in GG 41793 Notice Number 745 dated 25 July 2018.                 

Notice of intention to make regulations on the protection measures to be applied within the Sutherland Central Astronomy Advantage Area in terms of the Act. Interested or affected persons and members of the public are invited to submit written comments within 60 days from the date of publication of this notice. Published in GG 41793 Notice Number 746 dated 25 July 2018.      

Special Economic Zones Act 16 of 2014

Draft Amendment Regulations on Governance and Composition of Specific Economic Zones. Members of the public are invited to submit written comments within 30 days from the publication of this notice. Published in GG 41811 Notice Number 790 dated 3 August 2018.

Department of Agriculture, Forestry and Fisheries

Draft National Policy on Comprehensive Producer Development Support. Interested and affected parties are invited to submit written comments within 60 days from the date of publication of this notice. Published in GG 41811 Notice Number 429 dated 3 August 2018.

Draft Climate Smart Agriculture Strategic Framework. Interested persons are invited to submit written comments within 60 days from the date of publication of this notice. Published in GG 41811 Notice Number 428 dated 3 August 2018.

Agricultural Product Standards Act 119 of 1990

Proposed regulations relating to the grading, packing and marking of pulses intended for sale in the Republic of South Africa. Interested parties are invited to submit written comments within 5 weeks from the date of publication of the notice. Published in GG 41781 Notice Number 717 dated 20 July 2018.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL

Provincial Legislation and Municipal By-Laws

Western Cape Province

Heritage Western Cape: Formal Protection of Archaeological Sites. Published in PG 7956 dated 13 July 2018.

City of Cape Town: Water Amendment By-Law, 2018. Published in PG 7962 dated 20 July 2018.

City of Cape Town Metropolitan Municipality: Extension of a Local State of Disaster as a result of the fire in Hout Bay in March 2017. Published in PG 7961 dated 20 July 2018.

City of Cape Town Metropolitan Municipality: Extension of Declaration of a Local State of Disaster as a result of the drought conditions. Published in PG 7961 dated 20 July 2018.

Langeberg Municipality: Adoption of Spatial Development Framework. Published in PG 7956 dated 13 July 2018.

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 7956 dated 13 July 2018 and in PG 7963 Notice Number 6 dated 27 July 2018.

Drakenstein Local Municipality: Extension of Declaration of a Local State of Disaster. Published in PG 7963 dated 27 July 2018.

KwaZulu-Natal Province

Local Government Municipal Systems Act 32 of 2000: Nkosazana Dlamini Zuma Local Municipality By-Laws. Published in PG 1972 Notice 83 dated 12 July 2018:

  1. Aerodrome By-law;
  2. Control and Discharge of Fireworks by-law;
  3. Public Amenities By-law;
  4. Public Roads and Municipal Streets By-law;
  5. Public Transport By-law;
  6. Road Traffic By-law;
  7. Stormwater Management By-law; and
  8. Waste Management By-law.

Umlalazi Local Municipality: Spatial Planning and Land Use Management By-Law. Published in PG 1972 Notice 81 dated 12 July 2018.

National Environmental Management: Protected Areas Act 57 of 2003: Re-declaration of the Ukhahlamba Drakensberg Park World Heritage Site as a nature reserve in terms of the Act. Published in PG 1969 Notice 72 dated 5 July 2018.

Gauteng Province

Gauteng Road Traffic Act 10 of 1997: Implementation date of the Gauteng Provincial Road Traffic Amendment Regulations, 2018 is 1 August 2018. Published in PG 190 Notice Number 718 dated 11 July 2018.

Disaster Management Act 57 of 2002: City of Johannesburg Metropolitan Municipality: Extension of Local State of Disaster. Published in PG 201 Notice Number 764 dated 20 July 2018.

City of Tshwane Metropolitan Municipality: Library and Information Services By-law. Published in PG 190 Notice Number 1083 dated 11 July 2018. 

Midvaal Local Municipality: Commencement date of the Spatial Planning and Land Use Management By-law is 1 August 2018. Published in PG 210 Notice Number 1204 dated 1 August 2018.

North-West Province

Spatial Planning and Land Use Management Act 16 of 2013: Madibeng Local Municipality: adoption of Municipal Spatial Development Framework, 2018. Published in PG 7907 Notice 74 dated 17 July 2018.

Limpopo Province

National Environmental Management: Protected Areas Act 57of 2003: Declaration of Attached Respective Land Parcels as Nature Reserves. Published in PG 2923 Notice Number 109 dated 20 July 2018.

Eastern Cape Province

Disaster Management Act 57 of 2002: Kouga Local Municipality (EC108): Extension of Local State of Disaster. Published in PG 4081 Notice Number 133 dated 12 July 2018.

Disaster Management Act 57 of 2002: Declaration of the Local State of Drought Disaster in terms of section 55(1) of the Act. Published in PG 4076 Notice Number 116 dated 9 July 2018 and in PG 4084 Notice Number 166 dated 16 July 2018.

Disaster Management Act 57 of 2002: Re-declaration of the Local State of Drought Disaster in the Sarah Baartman District Municipality. Published in PG 4088 Notice Number 149 dated 23 July 2018 and in PG 4084 Notice Number 166 dated 16 July 2018.

SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL

Draft Provincial Legislation and Municipal By-Laws

Gauteng Province

Gauteng Transport Authority Bill, 2018: Interested persons are invited to submit written comments by no later than or on 27 August 2018. Published in PG 193 Notice Number 729 dated 13 July 2018.

KwaZulu-Natal Province

National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare the Meycol Nature Reserve. Members of the public are invited to submit written comments within 60 days of its publication. Published in PG 1975 Notice Number 82 dated 19 July 2018.

Northern Cape Province

Notice of intention to compile of a Land Use Management System (Zoning Scheme, Land Development Procedures, Regulations and By-laws) for the Kgatelope Municipality. Published in PG 2202 Notice Number 95 dated 30 July 2018.

Western Cape Province

National Environmental Management: Protected Areas Act 57 of 2003: Notice of intention to declare the Shaw’s Pass Nature reserve. Members of the public are invited to submit written comments within 60 days of publication of this notice. Published in PG 7963 Notice Number 100 dated 27 July 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 August 2018)

  • Aquaculture Development Bill (B22 of 2018)
  • Local Government: Municipal Structures Amendment Bill (B19 of 2018)
  • Labour Relations Amendment Bill (B32 of 2017)
  • National Minimum Wage Bill (B31 of 2017)
  • Basic Conditions of Employment Amendment Bill (B30 of 2017)
  • Labour Laws Amendment Bill (B29 of 2017)
  • South African National Roads Agency Limited and National Roads Amendment Bill (B20 of 2017)
  • National Environmental Management Laws Amendment Bill (B14 of 2017)
  • Marine Spatial Planning Bill (B9 of 2017)
  • National Forests Amendment Bill (B11 of 2016)
  • National Land Transport Amendment Bill (B7 of 2016)
  • Plant Improvement Bill (B8 of 2015)
  • Plant Breeders Rights Bill (B11 of 2015)
  • 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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