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Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update March 2018

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Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update March 2018

6th June 2018

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

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Approval of fees for application registration, lodging of appeals and annual fees for registered Environmental Impact Assessment Practitioners. Published in GG 41485 Notice Number 196 dated 7 March 2018.

Biodiversity Management Plan for Cape Mountain Zebra (Equus Zebra Zebra). Published in GG 41498 Notice Number 214 dated 16 March 2018 and in GG 41488 Notice Number 197 dated 9 March 2018.

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National Environmental Management: Integrated Coastal Management Act 24 of 2008

Reclamation of Land from Coastal Waters Regulations. Published in GG 41489 Notice Number 206 dated 9 March 2018.

Special Economic Zones Act 16 of 2014

Governance and Management Regulations. Published in GG 41534 Notice Number 390 dated 29 March 2018.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Compensation for Occupational Injuries and Diseases Act of 1993

Classification of Industries: Standards Rates 2013/2018 per 100 earnings. Published in GG 41507 Notice Number 237 dated 16 March 2018.

Amendment to the Rules, Forms and Particulars – replace GG 40612 dated 10 February 2018 with this gazette. Published in GG 41529 Notice Number 379 dated 27 March 2018.

Disaster Management Act 57 of 2002

Declaration of a National State of Disaster in relation to the drought. Published in GG 41439 Notice Number 210 dated 13 March 2018.

National Health Act 61 of 2003

Policy Guidelines for the Licensing of Residential and/or Day Care Facilities for Persons with Mental Illness and/or Severe or Profound Intellectual Disability. Published in GG 41498 Notice Number 218 dated 16 March 2018.

Regulations regarding the Rendering of Forensic Pathology Services. Published in GG 41524 Notice Number 359 dated 23 March 2018.

Health Professions Act 56 of 1974

Rules relating to fees payable to the Council. Published in GG 41512 Notice Number 42 dated 23 March 2018.

Occupational Diseases in Mines and Works Act 78 of 1973

Amendment of amounts to increase benefits. Published in GG 41500 Notice Number 227 dated 15 March 2018.

Adjustment of levies paid by controlled mines and works. Published in GG 41491 Notice Number 209 dated 9 March 2018.

Agricultural Product Standards Act 119 of 1990

Amendment to the Regulations regarding inspections and appeals: local. Published in GG 41489 Notice Number 204 dated 9 March 2018.

Amendment to the Regulations regarding inspections and appeals: export. Published in GG 41489 Notice Number 205 dated 9 March 2018.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL

Draft National Legislation and Regulations

National Environmental Management Act 107 of 1998

Notice of intention to adopt the Integrated Environmental Management Plan (IEMP) for the Square Kilometre Array (SKA) Phase 1. Written comments must be submitted after 30 days of publication of this notice. Published in GG 41498 Notice Number 213 dated 16 March 2018.

Health Professions Act 56 of 1974

Proposed amendment to the Regulations relating to the Specialities and Subspecialties in Medicine and Dentistry. Interested persons are invited to submit written comments within 3 months of the date of the publication of this notice. Published in GG 41498 Notice Number 216 dated 16 March 2018.

Draft Regulations relating to the registration of forensic pathology officers. Interested persons are invited to submit written comments within 3 months of the date of publication of this notice. Published in GG 41524 Notice Number 360 dated 23 March 2018.

Railway Safety Bill 2017

The Department of Transport has called on all stakeholders and interested parties to submit written comments on the Bill on or before “the April 2018”. Published in GG 41488 Notice Number 123 dated 9 March 2018.

Standard 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 41418 Notice Number 135 dated 16 March 2018.

Broad-Based Black Economic Empowerment Act 53 of 2003

Draft amendment to the Codes of Good Practice on Broad-Based Black Economic Empowerment (Statement 000 Codes Series 000). Interested persons are invited to submit written comments within 60 days from the date of this publication. Published in GG 41546 Notice Number 402 dated 29 March 2018.

Draft amendment to the Codes of Good Practice on Broad-Based Black Economic Empowerment (Statement 300 Codes Series 300). Interested persons are invited to submit written comments within 60 days from the date of this publication. Published in GG 41546 Notice Number 403 dated 29 March 2018.

Special Economic Zones Act 16 of 2014

Draft Guidelines on the Process and Procedures for the Planning and Establishment of the Special Economic Zones Programme. Interested persons are invited to submit written comments within 30 days from the date of publication of this notice. Published in GG 41534 Notice Number 389 dated 29 March 2018.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL

Provincial Legislation and Municipal By-Laws

Western Cape Province

Swartland Municipality: Extension of Declaration of a Local State of Disaster due to the continuing drought. Published in PG 7894 dated 9 March 2018.

Swartland Municipality: Extension of Declaration of Local State of Disaster as a result of the fire at the Swartland Hospital. Published in PG 7904 dated 29 March 2018.

City of Cape Town Metropolitan Municipality: Extension of Declaration of a Local State Disaster as a result of the on-going drought. Published in PG 7899 dated 16 March 2018.

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. Published in PG 7899 dated 16 March 2018.

Office of the Premier of the Western Cape: Extension of Declaration of a Provincial State of Disaster as a result of the fires and storms that affected the province in June 2017. Published in PG 7904 Notice Number 47 dated 29 March 2018.

Western Cape Community Safety Act, 2013 Act 3 of 2013: Amendment to the Community Safety Regulations 2016. Published in PG 7879 dated 14 March 2018.

Western Cape Department of Health: Uniform Patient Fee Schedule Regulations for Health Care Services rendered by the Western Cape Department of Health. Published in PG 7903 Notice Number 46 dated 29 March 2018.

KwaZulu-Natal Province

Dannhauser Local Municipality: Prevention and Suppression of Health Nuisances By-law. Published in PG 1935 Notice 19 dated 15 March 2018.

National Environmental Management: Protected Areas 57 of 2003: Declaration of the Ingula Nature Reserve. Published in PG 1935 Notice 1 dated 15 March 2018.

 Ray Nkoyeni Municipality: Electricity Supply By-laws. Published in PG 1935 Notice 16 dated 15 March 2018. 

Kwadukuza Municipality: Outdoor Advertising By-law. Published in PG 1938 Notice Number 26 dated 29 March 2018.

Northern Cape Province

Disaster Management Act 57 of 2002: Declaration of the Northern Cape Province State of Drought Disaster. Published in PG 2170 Notice 22 dated 7 March 2018.

Kai !Garib Local Municipality: Amendment of the Fire Services By-law. Published in PG 2173 Notice Number 41 dated 26 March 2018.

Kai !Garib Local Municipality: Amendment of the Electricity By-law. Published in PG 2173 Notice Number 33 dated 26 March 2018.

Kai !Garib Local Municipality: Amendment of the Cemeteries By-law. Published in PG 2173 Notice Number 31 dated 26 March 2018.

Kai !Garib Local Municipality: Amendment of the Building Control By-law. Published in PG 2173 Notice Number 32 dated 26 March 2018.

Kai !Garib Local Municipality: Amendment of the Control over Keeping of Animals, Poultry and Bees By-law. Published in PG 2173 Notice Number 30 dated 26 March 2018.

Kai !Garib Local Municipality: Amendment of the Control over Advertising Signs and Disfigurement of the Front or Frontages of Streets By-law. Published in PG 2173 Notice Number 45 dated 26 March 2018.

Kai !Garib Local Municipality: Amendment of the Municipal Commonage By-law. Published in PG 2173 Notice Number 36 dated 26 March 2018.

Kai !Garib Local Municipality: Amendment of the Waste Management By-law. Published in PG 2173 Notice Number 39 dated 26 March 2018.

Kai !Garib Local Municipality: Amendment of the Law Enforcement By-law. Published in PG 2173 Notice Number 44 dated 26 March 2018.

Kai !Garib Local Municipality: Amendment of the Water Services By-law. Published in PG 2173 Notice Number 43 dated 26 March 2018.

Eastern Cape Province

Dr Beyers Naude Municipality: Spatial Planning and Land Use Management By-law. Published in PG 4006 Notice 41 dated 5 March 2018.

Limpopo Province

Limpopo Environmental Management Act 7 of 2003: Open season to hunt game. Published in PG 2891 Notice 41 dated 23 March 2018.

Ebrahim Mogale Local Municipality: Conflicting Buildings/Property By-law. Published in PG 2893 Notice Number 36 dated 30 March 2018.

Ebrahim Mogale Local Municipality: Land Invasion By-law. Published in PG 2893 Notice Number 37 dated 30 March 2018.

Ebrahim Mogale Local Municipality: Encroachment on Property By-law. Published in PG 2893 Notice Number 38 dated 30 March 2018.

National Environmental Management: Protected Areas Act 57 of 2003: Declaration of respective land parcels as natures reserves. Published in PG 2893 Notice Number 49 and 50 dated 30 March 2018.

North-West Province

North West Hunting Regulations 2018. Published in PG 7864 Notice 49 dated 3 April 2018.

SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL

Draft Provincial Legislation and Municipal By-Laws

Western Cape Province

Draft amendment to Land Use Planning Regulations, 2015. Any person or organisation wishing to comment on the draft Regulations is requested to submit the comments in writing before or on 6 April 2018. Published in PG 7892 dated 9 March 2018.

Heritage Western Cape Policy: Public Consultation required for application made in terms of the National Heritage Resources Act 25 of 1999. Any person or organisation wishing to comment on the draft Policy is requested to submit the comments in writing before or on 9 April 2018. Published in PG 7900 notice 42 dated 16 March 2018.

Mpumalanga Province

Dr JS Moroka Local Municipality: Draft Community Halls and Municipalities By-law, Draft Funeral Parlours and Cemeteries By-law and Draft Integrated Waste Management By-law. Interested persons are invited to submit written comments invited until 12 March 2018. Published in PG 2906 Notice Number 21 dated 9 March 2018.

Gauteng Province

Gauteng Transport Authority Bill 2018: members of the public are invited to submit written comments within 30 calendar days of the date of publication of this notice. Published in PG 82 Notice 295 dated 23 March 2018.

KwaZulu-Natal Province

Local Government: Municipal Systems Act 32 of 2000: Publication of draft standard by-laws (Beaches By-law, Fire By-law, Property Encroachment By-law, Municipal Buildings By-law, Electricity Supply By-law).  Published in PG 1939 Notice 28 dated 29 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 4 April 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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