SECTION A: ENVIRONMENTAL (NATIONAL)

National Environmental Management Laws Amendment Act 14 of 2009

1. Commencement date of section 39 of the Act was 1 April 2011. Published in GG 34072 Notice Number 17 dated 11 March 2011.

Consumer Protection Act 68 of 2008

2. Notice to defer the application of the Act to municipalities. Published in GG 34116 Notice Number 221 dated 14 March 2011.

3. National Consumer Commission: Guidelines for the accreditation of ombud-schemes in terms of the Act. Published in GG 34163 Notice Number 174 dated 25 March 2011.

4. Independent Communications Authority of South Africa (ICASA) notification on the exemption process as per the Act. Published in GG 34123 Notice Number 154 dated 15 March 2011.

Promotion of Access to Information Act 2 of 2000

5. Manual of the Provincial Government Western Cape: as prescribed in section 14 of the Act. Published in GG 34132 dated 17 March 2011.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Mineral and Petroleum Resources Development Act 28 of 2002

6. Withdrawal of an exemption granted to African Exploration Mining and Finance Corporation (Pty) Ltd in terms of section 106(1). Published in GG 34115 Notice Number 220 dated 14 March 2011.

7. Prohibition or restriction of prospecting or mining in terms of section 49(1). Published in GG 34051 Notice Number 169 dated 4 March 2011.

8. Moratorium under section 49(3)(b) of the Act on receiving of new applications for prospecting rights in terms of section 16. Published in GG 34171 Notice Number 287 dated 13 March 2011.

Agricultural Pests Act 36 of 1983

9. Amendment to the Control Measures. Published in GG 34073 Notice Number 189 dated 11 March 2011.

10. Amendment of the Fees Payable Regulations. Published in GG 34073 Notice Number 190 dated 11 March 2011.

National Road Traffic Act 93 of 1996

11. Amendment to the National Road Traffic Regulations. Published in GG 34065 Notice Number 118 dated 2 March 2011.

Medicines and Related Substances Act 101 of 1965

12. Regulations relating to a transparent pricing system for medicines and scheduled substances: logistics fee component of a transparent pricing system. Published in GG 34071 Notice Number 184 dated 4 March 2011.

Fund Raising Act 107 of 1978

13. Declaration of the storms and floods that occurred in the Gauteng Province to be a disaster. Published in GG 34083 Notice Number 19 dated 7 March 2011.

14. Declaration of the storms and floods that occurred in the Free State Province to be a disaster. Published in GG 34083 Notice Number 20 dated 7 March 2011.

15. Declaration of the storms and floods that occurred in the Eastern Cape Province to be a disaster. Published in GG 34083 Notice Number 21 dated 7 March 2011.

16. Declaration of the storms and floods that occurred in the KwaZulu-Natal Province to be a disaster. Published in GG 34083 Notice Number 22 dated 7 March 2011.

17. Declaration of the storms and floods that occurred in the Limpopo Province to be a disaster. Published in GG 34083 Notice Number 23 dated 7 March 2011.

18. Declaration of the storms and floods that occurred in the Mpumalanga Province to be a disaster. Published in GG 34083 Notice Number 24 dated 7 March 2011.

19. Declaration of the storms and floods that occurred in the North West Province to be a disaster. Published in GG 34083 Notice Number 25 dated 7 March 2011.

20. Declaration of the storms and floods that occurred in the Northern Province to be a disaster. Published in GG 34083 Notice Number 26 dated 7 March 2011.

Occupational Health and Safety Act 85 of 1993

21. Electrical Machinery Regulations, 2011. The Regulations will come into effect on 1 July 2011. Published in GG 34154 Notice Number 250 dated 25 March 2011.

22. Incorporation of Health and Safety Standards into the Electrical Machinery Regulations, 2011. Published in GG 34154 Notice Number 251 dated 25 March 2011.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

23. Annual increase in medical tariffs for medical service providers, pharmacies and hospital groups. Published in GG 34149 Notice Number 248 dated 25 March 2011.

24. Annual increase in medical tariffs for medical service providers, pharmacies and hospital groups. Published in GG 34148 Notice Number 247 dated 25 March 2011.

25. Annual increase in medical tariffs for medical service providers, pharmacies and hospital groups. Published in GG 34147 Notice Number 246 dated 25 March 2011.

26. Annual increase in medical tariffs for medical service providers, pharmacies and hospital groups. Published in GG 34146 Notice Number 245 dated 25 March 2011.

27. Annual increase in medical tariffs for medical service providers, pharmacies and hospital groups. Published in GG 34145 Notice Number 244 dated 25 March 2011.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL

Draft National Legislation and Regulations

National Environmental Management: Biodiversity Act 10 of 2004

28. Draft Bio-prospecting Benefit Sharing Agreement. Published in GG 34093 Notice Number 133 dated 10 March 2011.

Occupational Health and Safety Act 85 of 1993

29. Draft Driven Machinery Regulations, 2010. Published in GG 34052 Notice Number 163 dated 4 March 2011.

30. Correction Notice relating to the Draft Driven Machinery Regulations. Interested persons must, within 90 days of publication of this notice, submit comments on the proposed regulations. Published in GG 34186 Notice Number 4 dated 8 April 2011.

Civil Aviation Act 13 of 2009

31. Draft Civil Aviation Regulations, 2011. Published for public comment in GG 34121 Notice Number 152 dated 14 March 2011.

32. Proposed amendment to the Civil Aviation Authority Passenger Safety Charge Regulations, 2011. Published in GG 34164 Notice Number 175 dated 25 March 2011.

33. South African Civil Aviation Authority: draft application for an aerodrome licence. Published in GG 34124 Notice Number 158 dated 16 March 2011.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

34. Draft regulations relating to the prohibition of the manufacturing, importation, exportation and sale of polycarbonate infant feeding bottles containing Bisphenol A. Published in GG 34153 Notice Number 249 dated 25 March 2011.

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

35. Proposed regulations regarding fertilizers. Published in GG 34134 Notice Number 160 dated 25 March 2011.

36. Correction notice to the proposed amendment to the regulations for fertilizers, farm feeds, agricultural remedies, stock remedies, sterilising plants and pest control operators, appeals and imports. Published in GG 34108 Notice Number 222 dated 18 March 2011.

Animal Diseases Act 35 of 1984

37. Publication of the proposed notice on the importation of live Cloven Hoofed Animals (excluding African Buffalo) from countries or zones not recognised as free from Foot and Mouth Disease by the World Organisation for Animal Health. Published in GG 34140 Notice Number 168 dated 22 March 2011.

Medicines and Related Substances Act 101 of 1965

38. Extension of the comments period for the draft regulations relating to a transparent pricing system for medicines and scheduled substances: Methodology for international benchmarking of originator medicine prices. Published in GG 34141 Notice Number 243 dated 25 March 2011.

Basic Conditions of Employment Act 75 of 1997

39. Draft amendment of Sectoral Determination 12: Forestry Sector, South Africa. Published in GG 34126 Notice Number 235 dated 15 March 2011.

40. Draft amendment of Sectoral Determination 5: Learnership Sector, South Africa. Published in GG 34126 Notice Number 234 dated 15 March 2011.

National Road Traffic Act 93 of 1996

41. Draft amendment to the National Road Traffic Regulations. Published for public comment in GG 34117 Notice Number 135 dated 16 March 2011.

Draft Municipal Waste Sector Plan

42. Published for public comment in GG 34167 Notice Number 182 dated 30 March 2011.

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

Gauteng Province

43. 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 48 Notice Number 720 dated 14 March 2011.

44. 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 48 Notice Number 721 dated 14 March 2011.

45. Disaster Management Act 57 of 2002: Ekurhuleni Metropolitan Municipality: Declaration of a local state of disaster. Published in PG 41 Notice Number 260 dated 9 March 2011.

46. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional Protection. Published in PG 54 Notice Number 927 dated 30 March 2011.

47. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional Protection. Published in PG 54 Notice Number 928 dated 30 March 2011.

48. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional Protection. Published in PG 54 Notice Number 929 dated 30 March 2011.

49. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional Protection. Published in PG 54 Notice Number 930 dated 30 March 2011.

50. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional Protection. Published in PG 54 Notice Number 931 dated 30 March 2011.

51. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Provisional Protection. Published in PG 54 Notice Number 932 dated 30 March 2011.

52. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Formal Protection. Published in PG 46 Notice Number 709 dated 16 March 2011.

53. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Formal Protection. Published in PG 46 Notice Number 710 dated 16 March 2011.

54. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Formal Protection. Published in PG 46 Notice Number 711 dated 16 March 2011.

55. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Formal Protection. Published in PG 46 Notice Number 712 dated 16 March 2011.

56. National Heritage Resources Act 25 of 1999: Provincial Heritage Resources Authority Gauteng: Formal Protection. Published in PG 46 Notice Number 713 dated 16 March 2011.

Mpumalanga Province

57. Mpumalanga Nature Conservation Act 10 of 1998: Open season: ordinary game. Published in PG 1910 Notice Number 1 dated 14 March 2011.

58. Mpumalanga Local Government Laws Repeal Act 9 of 2005: Coming into operation. Published in PG 1915 Notice Number 1 dated 25 March 2011.

59. Mpumalanga Local Government Laws Repeal Act 9 of 2005: Provision for the repeal of certain laws and to provide for matters connected therewith. Published in PG 1913 Notice Number 87 dated 22 March 2011.

North-West Province

60. Nature Conservation Ordinance 12 of 1983 (Transvaal Province), Boputhatswana Nature Conservation Act, 1972 and Cape Nature and Environmental Conservation Ordinance 19 of 1974 (Cape Province). Published in PG 6872 Notice Number 57 dated 9 March 2011.

KwaZulu-Natal Province

61. Msunduzi Municipality: Correction notice relating to the Water Services By-law. Published in PG 565 Notice Number 36 dated 31 March 2011.

Western Cape Province

62. City of Cape Town Municipality: Water By-law. Published in PG 6847 dated 18 February 2011.

63. Western Cape Nature Conservation Board: proposed construction. Published in PG 6842 Notice Number 25 dated 4 February 2011.

64. George Municipality: Water and Sanitation Services By-law. Published in PG 6839 dated 22 February 2011.

65. Overstrand Municipality: By-law relating to Outdoor Advertising and Signage. Published in PG 6856 Notice Number 77 dated 14 March 2011.

Northern Cape Province

66. National Road Traffic Act 93 of 1996: Schedule of fees in respect of registration and licensing of motor vehicles, miscellaneous fees and abnormal load permit fees. Published in PG 1502 Notice Number 6 dated 9 March 2011.

67. John Taolo Gaetsewe District Municipality: Amendment to the Keeping of Animals, Poultry and Bees Control By-law (4 of 2009). Published in PG 1506 Notice Number 17 dated 28 March 2011.

68. John Taolo Gaetsewe District Municipality: Amendment to the Water Services By-law (7 of 2008). Published in PG 1506 Notice Number 16 dated 28 March 2011.

Eastern Cape Province

69. Local Government: Municipal Systems Act 32 of 2000: Buffalo City Municipality: Water Services By-law. Published in PG 2532 Notice Number 4 dated 22 March 2011.

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

Western Cape Province

70. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare nature reserves. Published in PG 6843 Notice Number 26 dated 4 February 2011.

71. Western Cape Land Use Planning Ordinance Amendment Bill 2 of 2011. Published in PG 6859 Notice Number 78 dated 10 March 2011.

Eastern Cape Province

72. Local Government: Municipal Structures Act 117 of 1998: Draft amendment published for public comment in PG 2543 Notice Number 14 dated 31 March 2011.

North-West Province

73. Land Use Planning Ordinance 15 of 1985: Draft Greater Taung Land Use Management Scheme. Published in PG 6867 Notice Number 50 dated 1 March 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 April 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)
➢ 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