SECTION A: ENVIRONMENTAL (NATIONAL)

Electricity Regulation Act 4 of 2006

1. Electricity regulations on the Integrated Resource Plan 2010-2030. Published in GG 34263 Notice Number 400 dated 6 May 2011.

2. Electricity regulations on new generation capacity. Published in GG 34262 Notice Number 399 dated 4 May 2011.

Promotion of Access to Information Act 2 of 2000

3. Manual in accordance with the Act – Transnet Limited Information Manual. Published in GG 34282 dated 13 May 2011.

4. Manual in accordance with the Act – Manual of the Mpumalanga Department of Co-operative Governance and Traditional Affairs. Published in GG 34277 dated 12 May 2011.

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

5. Correction notice to the cover page of General Notice 1120 of 2010. Published in GG 34303 Notice Number 301 dated 20 May 2011.

National Water Act 36 of 1998

6. Restrictions on the use of domestic and industrial water in the town of Beaufort West in the Central Karoo District Municipal Area. Published in GG 34271 Notice Number 418 dated 13 May 2011.

7. Extension of time period of general authorisations relating to subsection 21(j) as published in section 3 of the Schedule to Notice 398, and the time period for the General Authorisations relating to subsection 21(e), (f), (g) and (h) as published in the schedule to Notice 399 in the Government Gazette Notice of 26 March 2004 for a further period until 1 April 2012. Published in GG 34271 Notice Number 417 dated 13 May 2011.

8. Restriction on agricultural water users in quaternary drainage areas K10B, K10E, K10F and K20A in the Southern Cape Coastal Area. Published in GG 34271 Notice Number 416 dated 13 May 2011.

SECTION B: SAFETY AND HEALTH (NATIONAL)

National Regulator for Compulsory Specifications Act 5 of 2008

9. Amendment to the compulsory specification for respiratory protective devices and withdrawal of the compulsory specification for breathing apparatus. Published in GG 34272 Notice Number 407 dated 13 May 2011.

10. Introduction of a compulsory specification for Motor Vehicles of Category L. Published in GG 34308 Notice Number 443 dated 27 May 2011.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

11. Increase in monthly pensions. Published in GG 34251 Notice Number 383 dated 4 May 2011.

12. Amendment of Schedule 4 of the Act. Published in GG 34251 Notice Number 382 dated 4 May 2011.

13. Annual increase in medical tariffs for medical service providers, pharmacies and hospital groups. Published in GG 34314 Notice Number 452 dated 24 May 2011.

14. Annual increase in medical tariffs for medical service providers, pharmacies and hospital groups. Published in GG 34313 Notice Number 451 dated 24 May 2011.

15. Annual increase in medical tariffs for medical service providers, pharmacies and hospital groups. Published in GG 34312 Notice Number 450 dated 24 May 2011.

16. Annual increase in medical tariffs for medical service providers, pharmacies and hospital groups. Published in GG 34178 Notice Number 292 dated 20 May 2011.

Mine Health & Safety Act 29 of 1996

17. Notice to repeal certain of the Chapter 2 regulations made in terms of the Minerals Act 50 of 1991. The repeal of such regulations will only take effect when the new surveying, mapping and mine plans regulations take effect on a future date yet to be announced. Published in GG 34308 Notice Number 446 dated 27 May 2011.

18. Regulations relating to the surveying, mapping and mine plans which regulations will come into effect on a future date yet to be announced. Published in GG 34308 Notice Number 447 dated 27 May 2011.

Tobacco Products Control Act 83 of 1993

19. Regulations for the standards of manufacturing reduced ignition propensity (RIP) cigarettes. Published in GG 34302 Notice Number 429 dated 16 May 2011.

National Road Traffic Act 93 of 1996

20. Road Traffic Management Corporation: Declaration of policy documents for traffic training centres. Published in GG 34292 Notice Number 291 dated 16 May 2011.

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

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

21. Draft amendment to the regulations: maximum limits for pesticide residues that may be present in foodstuffs. Published in GG 34285 Notice Number 420 dated 13 May 2011.

22. Draft amendment to the regulations: soft drinks. Published in GG 34284 Notice Number 405 dated 13 May 2011.

Draft Spatial Planning and Land Use Management Bill, 2011

23. The Department of Rural Development and Land Reform has requested comments on the Bill before 6 June 2011. Published in GG 34270 Notice Number 280 dated 6 May 2011.

Independent Systems and Market Operator Establishment Bill, 2011

24. The Department of Energy has requested comments on the Bill before 13 June 2011. Published in GG 34289 Notice Number 290 dated 13 May 2011.

Mineral and Petroleum Resources Development Act 28 of 2002

25. Invitation for representations from relevant stakeholders on proposed restriction under section 49(1) on granting of new reconnaissance permissions, prospecting rights, mining rights and mining permits in respect of certain land. Published in GG 34278 Notice Number 287 dated 9 May 2011.

National Environmental Management: Air Quality Act 39 of 2004

26. Notice of intention to consider for approval the Highveld Priority Area Air Quality Management Plan. Published for public comment in GG 34250 Notice Number 270 dated 5 May 2011.

27. Draft National Dust Control Regulations. Published in GG 34307 Notice Number 309 dated 27 May 2011.

National Environmental Management: Biodiversity Act 10 of 2004

28. Draft norms and standards for hunting methods in South Africa. Published in GG 34326 Notice Number 456 dated 27 May 2011.

29. Draft Biodiversity Management Plan for Diceros Bicornis (Black Rhinoceros). Published in GG 34304 Notice Number 302 dated 24 May 2011.

National Ports Act 12 of 2005

30. Transnet National Ports Authority: Invitation to apply for a waste disposal licence. Published in GG 34253 Notice Number 275 dated 6 May 2011.

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

Free-State Province

31. Inclusion of the Golden Gate District Management Area (FSDMA19) into the area of the Dihlabeng Local Municipality (FS192) in terms of section 16(1)(g) of the Local Government: Municipal Structures Act, 1998, as well as incidental provisions. Published in PG 15 Notice Number 8 dated 13 May 2011.

32. Notice in terms of section 14(5) of the Local Government: Municipal Structures Act 1998: Determination in terms. Published in PG 18 Notice Number 11 dated 16 May 2011.

33. Amendment notice in terms of section 16 of the Local Government: Municipal Structures Act 1998. Published in PG 18 Notice Number 10 dated 16 May 2011.

Limpopo Province

34. Limpopo Environmental Management Act 7 of 2003: Open Season: Game Mammals. Published in PG 1930 Notice Number 1 dated 16 May 2011.

35. Local Government: Municipal Systems Act 32 of 2000: Sekhukhune District Municipality: Emergency Service By-law. Published in PG 1933 Notice Number 191 dated 31 May 2011.

Gauteng Province

36. Nature Conservation Ordinance 12 of 1983: Open season: ordinary game. Published in PG 89 Notice Number 1338 dated 6 May 2011.

37. Disaster Management Act 57 of 2002: Ekurhuleni Metropolitan Municipality: extension of declaration of local state of disaster. Published in PG 87 Notice Number 565 dated 6 May 2011.

38. 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: District Randburg. Published in PG 103 Notice Number 1491 dated 27 May 2011.

39. Gauteng Transport Infrastructure Act 8 of 2001: Proclamation of the increase in width of a portion of the provincial railway line in connection with the Gautrain Rapid Rail Link between Pretoria, Johannesburg and the OR Tambo International Airport: District Randburg. Published in PG 103 Notice Number 1492 dated 27 May 2011.

40. Gauteng Transport Infrastructure Act 8 of 2001: Implementation of the preliminary design for the Gautrain Rapid Rail Link: Katherine Street Tunnel Variant Alignment and Eeufees Road via Pretoria Station to Cilliers Street overpass and Cilliers Street to Hatfield Station. Published in PG 95 Notice Number 1380 dated 17 May 2011.

41. Local Government: Municipal Systems Act 32 of 2000: City of Johannesburg: Air Pollution Control By-law. Published in PG 96 Notice Number 624 dated 25 May 2011.

42. Local Government: Municipal Systems Act 32 of 2000: City of Johannesburg: Correction Notice. Published in PG 96 Notice Number 625 dated 25 May 2011.

43. Local Government: Municipal Structures Act 117 of 1998: Amendment to the notice establishing the West Rand District Municipality Published in PG 98 Notice Number 1436 dated 17 May 2011.

44. Gauteng Waste Information Regulations 372 of 2004: Notice in terms of regulation 7(3): List of registered persons. Published in PG 106 Notice Number 1495 dated 30 May 2011.

Western Cape Province

45. Western Cape Provincial Department of Transport and Public Works: National Land Transport Act 5 of 2009. Published in PG 6869 Notice Number 109 dated 21 April 2011.

KwaZulu-Natal Province

46. eThekwini Municipality: Notice of extension of by-laws. Published in PG 577 Notice Number 49 dated 5 May 2011.

47. Local Government: Municipal Structures Act 117 of 1998: Re-determination of the municipal boundaries of Hlabisa and Mtubatuba Municipalities and to regulate the transfer of assets, rights, liabilities and obligations Hlabisa Municipality. Published in PG 582 Notice Number 49 dated 16 May 2011.

North West Province

48. Local Government: Municipal Structures Act 117 of 1998: Notice relating to the establishment of the Kagisano-Molopo Local Municipality (NW 37). Published in PG 6893 Notice Number 113 dated 17 May 2011.

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

KwaZulu-Natal Province

49. Local Government: Municipal Structures Act 117 of 1998: Proposed amendment notice in terms of section 17 read with section 16(1)(g): to give effect to the redetermination of the municipal boundaries of Ndwedwe and Kwadukuza Municipalities. Published in PG 579 Notice Number 47 dated 9 May 2011.

50. Local Government: Municipal Structures Act 117 of 1998: Proposed amendment to give effect to the redetermination of the municipal boundaries of Ndwedwe and Kwadukuza Municipalities and to regulate the transfer of assets, rights, liabilities, obligations and staff of Ndwedwe and Kwadukuza Municipalities. Published in PG 583 Notice Number 48 dated 16 May 2011.

Western Cape Province

51. Ministry of Local Government, Environmental Affairs and Planning: Draft environmental management framework for Cape Town. Published for public comment in PG 6874 dated 6 May 2011.

52. Western Cape Health Management Act: Draft regulations. Published in PG 6876 Notice Number 126 dated 20 May 2011.

Northern Cape Province

53. Northern Cape Planning and Development Act 7 of 1998: John Taolo Gaetsewe District Municipality: Notice of intention to prepare a district spatial development framework/land development plan. Published in PG 1520 Notice Number 40 dated 30 May 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 June 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