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

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

9th July 2018

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Heritage Resources Act 25 of 1999

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Declaration of the Geosites as part of the Barberton Makhonjwa Mountains as National Heritage Sites. Published in GG 41704 Notice Number 585 dated 15 June 2018.

Mineral and Petroleum Resources Development Act 28 of 2002

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Restriction in terms of section 49(1) of the Act on granting of new applications for technical cooperation permit, exploration right and production rights (Petroleum Agency SA). Published in GG 41743 Notice Number 657 dated 28 June 2018.

South African Weather Service Act 8 of 2001

Regulations regarding fees for the provision of aviation meteorological services. Published in GG 41700 Notice Number 584 dated 12 June 2018.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Increase on minimum and maximum amount of earnings on which the assessment of an employer shall be calculated. Published in GG 41701 Notice Number 333 dated 13 June 2018.

Amendment of Schedule 4 of the Act. Published in GG 41701 Notice Number 334 dated 13 June 2018.

Increase in monthly pensions. Published in GG 41701 Notice Number 335 dated 13 June 2018.

National Regulator for Compulsory Specifications Act 5 of 2008

Amendment of the compulsory specification for canned fish, canned marine molluscs and canned crustaceans and products derived therefrom (VC 8014). Published in GG 41722 Notice Number 628 dated 22 June 2018.

Nursing Act 33 of 2005

Fees payable to the council in terms of the regulations regarding fees and fines payable to the South African Nursing Council. Published in GG 41742 Notice Number 656 dated 28 June 2018.

Pharmacy Act 53 of 1974

Amendment to the rules relating to good pharmacy practice. Published in GG 41710 Notice Number 84 dated 15 June 2018.

Foodstuffs, Cosmetic and Disinfectants Act 54 of 1972

Regulations relating to maximum levels of metals in foodstuffs. Published in GG 41704 Notice Number 588 dated 15 June 2018.

Amendment to the Regulations relating to the Hazard Analysis and Critical Control Point System (HACCP). Published in GG 41707 Notice Number 607 dated 14 June 2018.

Regulations governing general hygiene requirements for food premises, the transport of food and related matters. Published in GG 41730 Notice Number 638 dated 22 June 2018.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL

Draft National Legislation and Regulations

Draft Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry 2018

Publication of the Draft Mining Charter, 2018. Interested and affected parties are invited to submit written comments within 30 days from publication of this notice. Published in GG 41714 Notice Number 611 dated 15 June 2018.

Climate Change Bill 2018

Members of the public are invited to submit written comments within 60 days from the date of the publication of this notice in the Gazette. Published in GG 41689 Notice Number 580 dated 8 June 2018.

Electricity Regulation Act 4 of 2006

Notice of intention to repeal the Licensing Exemption and Registration Notice 2017 and publication of the Draft Licensing Exemption and Registration Notice. Interested persons and organisations are invited to submit written comments within 30 days. Published in GG 41685 Notice Number 563 dated 8 June 2018. 

National Environmental Management: Biodiversity Act 10 of 2004

Notice extending the public commenting period for the Draft Amendments to the Alien and Invasive Species Regulations and the Draft Amendments to the Alien and Invasive Species lists. The public commenting period in respect of both notices is hereby extended for 30 calendar days until Monday, 23 July 2018. Published in GG 41722 Notice Number 616 dated 22 June 2018.

National Regulator for Compulsory Specifications Act 5 of 2008

Proposed amendment of the compulsory specification for the safety of lighters. Any person, who wishes to comment, must submit their comments, in writing before the date 2 months after the publication of this notice. Published in GG 41722 Notice Number 627 dated 22 June 2018.

Broad-Based Black Economic Empowerment Act 53 of 2003

Section 9(5) Codes of Good Practice on Broad-Based Black Economic Empowerment: Draft amendment to Schedule 1. Interested persons are invited to submit written comments within 60 days from the date of this publication. Published in GG 41709 Notice Number 343 dated 15 June 2018.

Codes of Good Practice on Broad-Based Black Economic Empowerment: Draft amendment to Draft Code Series 400 (Measurement of the Enterprise and Supplier Development Element of Broad-Based Black Economic Empowerment). Interested persons are invited to submit written comments within 60 days from the date of this publication. Published in GG 41709 Notice Number 344 dated 15 June 2018.

Standards 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 41704 Notice Number 342 dated 15 June 2018 and in GG 41722 Notice Number 3351 dated 22 June 2018.

Civil Aviation Act 13 of 2009

Proposed amendments to the Civil Aviation Regulations, 2011. Interested persons are requested to submit written comments on or before the 22 July 2018. Published in GG 41723 Notice Number 631 dated 22 June 2018.

National Health Insurance Bill, 2018

Interested persons are invited to submit any substantiated comments or representation on the proposed Bill within 3 months of the publication of this Notice. Published in GG 41725 Notice Number 635 dated 21 June 2018.

Draft National Ports Amendment Bill, 2018

 Any interested persons are requested to submit written comments within 30 days from the date of publication of this notice in the Government Gazette. Published in GG 41704 Notice Number 339 dated 15 June 2018.

Agricultural Product Standards Act 119 of 1990

Proposed inspection fees for local manufacturing. All affected stakeholders are invited to submit written comments by no later than 30 days from the publication of this notice. Published in GG 41704 Notice Number 339 dated 15 June 2018.

Agriculture, Forestry and Fisheries

Draft National Inland Fisheries Policy. Interested and affected parties are invited to submit their written comments to the Department before 31 July 2018. Published in GG 41722 Notice Number 614 dated 22 June 2018.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL

Provincial Legislation and Municipal By-Laws

Western Cape Province

City of Cape Town Metropolitan Municipality: Extension of Declaration of a Local State Disaster as a result of the devastating fire on 11 March 2017 in the Imizamo-Yethu informal settlement situated within Hout Bay. Published in PG 7941 dated 15 June 2018.

City of Cape Town Metropolitan Municipality: Extension of Declaration of a Local State Disaster as a result of drought conditions. Published in PG 7941 dated 15 June 2018.

Swartland Municipality: Extension of Declaration of a Local State of Disaster. Published in PG 7935 dated 1 June 2018 and in PG 7946 dated 29 June 2018.

Mossel Bay Municipality: Adoption of various spatial planning documents in terms of the By-law on Municipal Land Use Planning. Published in PG 7941 dated 15 June 2018. 

Matzikama Municipality: Approved Amendment to the Spatial Development Framework, 2018. Published in PG 7945 dated 22 June 2018.

Theewaterskloof Municipality: Water and Sanitation Services By-law. Published in PG 7950 dated 29 June 2018.

Mpumalanga Province

Chief Albert Luthuli Local Municipality: Revision, Amendment and Adoption of the Spatial Development Framework. Published in PG 2937 Notice Number 87 dated 15 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Mkhondo Local Municipality: Encroachment on Municipal Property By-law. Published in PG 2933 Notice Number 59 dated 1 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Mkhondo Local Municipality: Control of Outdoor Advertising By-law. Published in PG 2933 Notice Number 62 dated 1 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Chief Albert Luthuli Local Municipality: Water By-law. Published in PG 2933 Notice Number 64 dated 1 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Chief Albert Luthuli Local Municipality: Electricity By-law. Published in PG 2933 Notice Number 65 dated 1 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Chief Albert Luthuli Local Municipality: Fire Brigade By-law. Published in PG 2933 Notice Number 66 dated 1 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Chief Albert Luthuli Local Municipality: Sanitation By-law. Published in PG 2933 Notice Number 67 dated 1 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Chief Albert Luthuli Local Municipality: Waste Management By-law. Published in PG 2933 Notice Number 68 dated 1 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Lekwa Local Municipality: Advertising By-law. Published in PG 2933 Notice Number 71 dated 1 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Lekwa Local Municipality: Cemeteries By-law. Published in PG 2933 Notice Number 72 dated 1 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Lekwa Local Municipality: Disposal of Contaminated or Infectious Waste By-law. Published in PG 2933 Notice Number 73 dated 1 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Lekwa Local Municipality: Electricity By-law. Published in PG 2933 Notice Number 74 dated 1 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Lekwa Local Municipality: Property Encroachment By-law. Published in PG 2933 Notice Number 75 dated 1 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Lekwa Local Municipality: Public Open Spaces By-law. Published in PG 2933 Notice Number 76 dated 1 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Lekwa Local Municipality: Public Participation By-law. Published in PG 2933 Notice Number 78 dated 1 June 2018.

KwaZulu-Natal Province

Local Government: Municipal Systems Act 32 of 2000: Newcastle Municipality: Noise Control By-law. Published in PG 1961 Notice 46 dated 7 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Newcastle Municipality: Water Services By-law. Published in PG 1961 Notice 49 dated 7 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Newcastle Municipality: Cemetery and Crematorium By-law. Published in PG 1961 Notice 50 dated 7 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Newcastle Municipality: Fire Brigade Services By-law. Published in PG 1961 Notice 51 dated 7 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Newcastle Municipality: Prevention and Suppression of Health Nuisances By-law. Published in PG 1961 Notice 53 dated 7 June 2018.

Local Government: Municipal Systems Act 32 of 2000: Ugu District Municipality: Public Health By-Law. Published in PG 1965 Notice 60 dated 21 June 2018.

National Environmental Management: Protected Areas (57/2003): Declaration of areas as Nature Reserves and/or parts of existing Nature Reserves and to assign the management of such Nature Reserves to Ezemvelo Kzn Wildlife. Published in PG 1967 Notice 61 dated 28 June 2018. 

Gauteng Province

Lesedi Local Municipality: Consolidated By-laws Supplementary to the National Buildings and Building Standards Act 103 of 1977. Published in PG 153 Notice Number 560 dated 6 June 2018.

Disaster Management Act 57 of 2002: City of Johannesburg Metropolitan Municipality: Extension of Local State of Disaster. Published in PG 173 Notice Number 648 dated 21 June 2018.

North-West Province

Correction notice: Notice No. 178 of 2016 in the Provincial Gazette No. 7690, 13 September 2016 is amended relating to the appointment of a Management Authority for the Molopo Oog Nature Reserve. Published in PG 7891 Notice 62 dated 5 June 2018.

Amendment to the North-West Provincial Road Traffic Act Regulations. Published in PG 7892 Notice Number 110 dated 12 June 2018.

National Environmental Management: Protected Areas Act (57/2003): Correction notice: Land declared in terms of the Act: Barberspan Nature Reserve and North West Parks Board as Management Authority. Published in PG 7900 Notice Number 67 dated 26 June 2018.

Limpopo Province

Ephraim Mogale Local Municipality: Telecommunication Mast Infrastructure By-Law. Published in PG 2915 Notice Number 83 dated 22 June 2018.

Makhado Local Municipality: Amendment to the Infammable Liquids and Substances By-law. Published in PG 2919 Notice Number 88 dated 29 June 2018.

Makhado Local Municipality: Amendment to the Roads, Traffic and Safety By-law. Published in PG 2919 Notice Number 88 dated 29 June 2018.

Makhado Local Municipality: Amendment to the Cemeteries By-law. Published in PG 2919 Notice Number 88 dated 29 June 2018.

Makhado Local Municipality: Amendment to the Control of Temporary Advertisements and Pamhlets By-law. Published in PG 2919 Notice Number 88 dated 29 June 2018.

Makhado Local Municipality: Amendment to the Aerodrome By-law. Published in PG 2919 Notice Number 88 dated 29 June 2018.

Eastern Cape Province

Senqu Local Municipality: Land Use Scheme Regulations 2018. Published in PG 4059 Notice Number 100 dated 6 June 2018.

SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL

Draft Provincial Legislation and Municipal By-Laws

Gauteng Province

Proposed Policy Governing Private Health Establishments in the Gauteng Province: Comments must be submitted in writing no later than 30 March 2018. Published in PG 175 Notice Number 972 dated 27 June 2018.

Gauteng Provincial Road Traffic Amendment Bill 2018. Interested persons are invited to submit written comments on or before 13 August 2018. Published in PG 177 Notice Number 673 dated  29 June 2018.

Western Cape Province

Oudtshoorn Local Municipality: Proposed amendments to the Land Use Planning By-law. Interested persons are invited to submit written comments on or before 9 July 2018. Published in PG 7938 Notice Number 9130 dated 8 June 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 1 June 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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