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Warburton Attorneys Monthly Sustainability Legislation, Regulation and Parliamentary Update – May 2017

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Warburton Attorneys Monthly Sustainability Legislation, Regulation and Parliamentary Update – May 2017

5th June 2017

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Water Act 36 of 1998

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1. Breede-Gouritz and Berg-Olifants Water Management Areas: limiting the use of water for urban, irrigation and industrial purposes. Published in GG 40836 Notice Number 413 dated 10 May 2017.

2. Lifting of water restrictions for various stand-alone dams and systems in Limpopo, Mpumalanga, North-West and Free-State provinces. Published in GG 40860 Notice Number 468 dated 26 May 2017.

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National Environmental Management Act 107 of 1998

3. Regulations relating to the qualification criteria, training and identification of, and forms to be used by Environmental Management Inspectors and Environmental Mineral Resource Inspectors. Published in GG 40879 Notice Number 480 dated 31 May 2017.

Marine Spatial Planning Framework

4. The Marine Spatial Planning Framework 2017 for South Africa has been published for implementation. Published in GG 40860 Notice Number 451 dated 26 May 2017.

National Environmental Management: Biodiversity Act 10 of 2004

5. Threatened or Protected Marine Species Regulations. Published in GG 40876 Notice Number 477 dated 30 May 2017.

6. List of marine species that are threatened or protected, restricted activities that are prohibited and exemption from restriction. Published in GG 40875 Notice Number 476 dated 30 May 2017.

7. Policy on White Shark Cage Diving. Published in GG 40878 Notice Number 478 dated 31 May 2017.

8. Policy on Boat-Based Whale and Dolphin Watching. Published in GG 40878 Notice Number 479 dated 31 May 2017.

Electricity Act 41 of 1987

9. Licence fees payable by licensed generators of electricity. Published in GG 40827 Notice Number 400 dated 5 May 2017.

National Heritage Resources Act 25 of 1999

10. Declaration of the graves of Mr. John “Beaver” Marks and Mr. Moses Kotane as National Heritage Sites. Published in GG 40840 Notice Number 414 dated 5 May 2017.

11. Declaration of two signed and authenticated copies of the Freedom Charter as Specifically Declared Heritage Objects. Published in GG 40883 Notice Number 481 dated 2 June 2017.

Special Economic Zones Act 16 of 2014

12. Declaration of the East London Industrial Development Zone under the Special Economic Zones Act. Published in GG 40860 Notice Number 467 dated 26 May 2017.

13. Declaration of the Dube Tradeport Industrial Development Zone under the Special Economic Zones Act. Published in GG 40883 Notice Number 503 dated 2 June 2017.

14. Declaration of the Saldanha Bay Industrial Development Zone under the Special Economic Zones Act. Published in GG 40883 Notice Number 504 dated 2 June 2017.

15. Declaration of the Coega Industrial Development Zone under the Special Economic Zones Act. Published in GG 40883 Notice Number 505 dated 2 June 2017.

16. Declaration of the Maluti-A-Phofung Industrial Development Zone under the Special Economic Zones Act. Published in GG 40883 Notice Number 523 dated 2 June 2017.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Occupational Health and Safety Act 85 of 1993

17. Guidelines for the Construction Regulations 2014. Published in GG 40883 Notice Number 489 dated 2 June 2017.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

18. Annual increase in medical tariffs for medical service providers: Orthodontists / Prosthetics. Published in GG 40853 Notice Number 405 dated 22 May 2017.

19. Annual increase in medical tariffs for medical service providers: Chiropractor Services. Published in GG 40853 Notice Number 406 dated 22 May 2017.

20. Amendment of the notice published in GG 40853 dated 22 May 2017. Published in GG 40873 Notice Number 419 dated 30 May 2017.

Disaster Management Act 57 of 2002

21. Guideline on the development and structure of a Disaster Management Plan. Published in GG 40865 Notice Number 415 dated 26 May 2017.

22. Guideline on the minimum infrastructure requirements for disaster management centres. Published in GG 40865 Notice Number 416 dated 26 May 2017.

National Railway Safety Regulator Act 16 of 2002

23. Determination of permit fees. Published in GG 40847 Notice Number 446 dated 19 May 2017.

Civil Aviation Act 13 of 2009

24. 15th Amendment to the Civil Aviation Regulations. Published in GG 40831 Notice Number 409 dated 5 May 2017.

25. 16th Amendment to the Civil Aviation Regulations. Published in GG 40846 Notice Number 432 dated 19 May 2017.

26. 17th Amendment to the Civil Aviation Regulations. Published in GG 40870 Notice Number 474 dated 29 May 2017.

Medicines and Related Substances Act 101 of 1965

27. Annual single exit price adjustment of medicines and scheduled substances for the year 2018. Published in GG 40847 Notice Number 436 dated 19 May 2017.

Medicines and Related Substances Amendment Act 72 of 2008 and Medicines and Related Substances Amendment Act 14 of 2015

28. Commencement date of the Medicines and Related Substances Amendment Act 72 of 2008 is 1 June 2017. Published in GG 40869 Notice Number 20 dated 26 May 2017. Note that in terms of section 27 of the Medicines and Related Substances Amendment Act 14 of 2015 it states that this Amendment Act will come into operation immediately after the commencement of the Medicines and Related Substances Amendment Act 72 of 2008 and therefore also came into operation on 1 June 2017.

Standards Act 8 of 2008

29. Issue of new SANS Standards, revision of SANS Standards and cancelled SANS Standards. Published in GG 40827 Notice Number 329 dated 5 May 2017.

30. Issue of new SANS Standards, revision of SANS Standards and cancelled SANS Standards. Published in GG 40847 Notice Number 398 dated 19 May 2017.

Agricultural Pests Act 36 of 1983

31. Control measures relating to Fall Armyworm. Published in GG 40860 Notice Number 449 dated 26 May 2017.

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

National Environmental Management: Waste Act 59 of 2008

32. Consultation on the intention to withdraw the approval for the Integrated Industry Waste Tyre Management Plan of the Recycling and Economic Development Initiative of South Africa. Members of the public are invited to submit written comments within 30 days from the date of publication of this notice. Published in GG 40884 Notice Number 524 dated 1 June 2017.

33. Proposed regulations to exclude waste streams from the definition of waste. Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 40887 Notice Number 528 dated 2 June 2017.

Tourism Act 3 of 2014

34. Draft National Tourism Sector Strategy. Interested parties and organisations are invited to submit written comments within 60 days of publication of this notice. Published in GG 40827 Notice Number 327 dated 5 May 2017.

Civil Aviation Act 13 of 2009

35. Proposed amendments to the Civil Aviation Regulations. Interested persons are invited to submit written comments on or before 5 June 2017. Published in GG 40831 Notice Number 408 dated 5 May 2017.

36. White Paper on the National Civil Aviation Policy 2017: official publication for general information. Published in GG 40847 Notice Number 401 dated 19 May 2017.

Standards Act 8 of 2008

37. Draft SANS Standards published for public comment. Published in GG 40850 Notice Number 402 dated 19 May 2017.

38. Draft SANS Standards published for public comment. Published in GG 40847 Notice Number 398 dated 19 May 2017.

National Regulator for Compulsory Specifications Act 9 of 2014

39. Proposed amendment to the compulsory specification for electrical and electronic apparatus. Interested persons are invited to submit written comments before the date 2 months after the publication of this notice. Published in GG 40860 Notice Number 465 dated 26 May 2017.

National Railway Safety Regulator Act 16 of 2002

40. Proposed determination of the format, form and content of a safety management system that is required for the different categories and types of safety permits. Interested persons are invited to submit written comments within 30 days after the day of publication of this notice. Published in GG 40860 Notice Number 467 dated 26 May 2017.

Special Economic Zones Act 16 of 2014

41. Proposed amendment to the Richards Bay Industrial Development Zone. Members of the public are invited to submit written comments within 30 days from the date of publication of this notice. Published in GG 40883 Notice Number 502 dated 2 June 2017.

Health Professions Act 56 of 1974

42. Draft regulations defining the scope of the professional of oral hygiene. Interested persons are invited to submit written comments within 3 months of the date of publication of this notice. Published in GG 40847 Notice Number 439 dated 19 May 2017.

Medicines and Related Substances Act 101 of 1965

43. Proposed dispensing fee to be charged by persons licenced in terms of section 22C(1)(a). Interested persons are invited to submit written comments within 3 months of publication of this notice. Published in GG 40847 Notice Number 438 dated 19 May 2017.

44. Proposed dispensing fee to be charged by pharmacists. Interested persons are invited to submit written comments within 3 months of publication of this notice. Published in GG 40847 Notice Number 437 dated 19 May 2017.

Mental Health Care Act 17 of 2002

45. Proposed guidelines for the licensing of residential and day care facilities for people with mental and/or intellectual disabilities. Interested persons are invited to submit written comments within 45 calendar days of publication of this notice. Published in GG 40847 Notice Number 441 dated 19 May 2017 (in error) and in GG 40860 Notice Number 452 dated 26 May 2017. 

Marketing of Agricultural Products Act 47 of 1996

46. Request for the continuation of statutory measures in the South African Dairy Industry. Directly affected groups are invited to submit written comments on or before 2 June 2017. Published in GG 40847 Notice Number 433 dated 19 May 2017.

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

Western Cape Province

47. Knysna Municipality: By-law for the recreational use of beaches and bathing areas. Published in PG 7767 dated 8 May 2017.

48. Knysna Municipality: Promotion of Access to Information Act 2 of 2000: Section 14 Manual. Published in PG 7767 dated 8 May 2017.

49. Disaster Management Act 57 of 2000: Declaration of a provincial state of disaster. Published in PG 7771 Notice Number 112 dated 26 May 2017.

50. City of Cape Town Metropolitan Municipality: Municipal Planning Amendment Bylaw 2017. Published in PG 7769 dated 12 May 2017.

Gauteng Province

51. Ekurhuleni Metropolitan Municipality: Billboards and the Display of Advertisements By-law. Published in PG 116 Notice Number 659 dated 17 May 2017.

Mpumalanga Province

52. Emalahleni Local Municipality: Solid Waste By-laws 2016: System for certificate of approval for persons collecting waste for gain or commercial waste collectors. Published in PG 2811 Notice Number 40 dated 19 May 2017.

Mpumalanga Province

53. Victor Khanye Local Municipality: Waste Management By-law. Published in PG 2817 Notice Number 48 dated 2 June 2017.

54. Ehlanzeni District Municipality: Municipal Health By-laws: correction notice for PG 2801 dated 14 April 2017. Published in PG 2817 Notice Number 53 dated 2 June 2017.

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

Northern Cape Province

55. Namakwa District Municipality: Draft Buffels and Swartlintjies Estuarine Management Plans. Members of the public are invited to submit written comments within 30 days from the date of publication of this notice. Published in PG 2094 Notice Number 41 dated 15 May 2017.

Free-State Province

56. Proposed amendments to the Private Health Establishment Regulations. Interested persons are invited to submit written comments by no later than 9 June 2017. Published in PG 18 Notice Number 42 dated 19 May 2017.

Limpopo Province

57. Review of the Ba-Phalaborwa Local Municipality Spatial Planning Development Framework. The closing date for registration of stakeholders is 30 days after the publication of this notice. Published in PG 2813 Notice Number 49 dated 19 May 2017.

Gauteng Province

58. City of Johannesburg Metropolitan Municipality: Draft Outdoor Advertising By-law. Written comments must be submitted within 30 days from the date of publication of this notice. Published in PG 127 Notice Number 796 dated 31 May 2017.

Western Cape Province

59. Cape Agulhas Municipality: Proposed amendments to the Municipal Land Use Planning By-law. Written comments must be submitted by no later than 12:00 on 26 June 2017. Published in PG 7772 dated 26 May 2017.

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 2 June 2017):

1. National Environmental Management Laws Amendment Bill (B14 of 2017)
2. Marine Spatial Planning Bill (B9 of 2017)
3. National Veld and Forest Fire Amendment Bill (B22 of 2016)
4. National Forests Amendment Bill (B11 of 2016)
5. National Land Transport Amendment Bill (B7 of 2016)
6. Plant Improvement Bill (B8 of 2015)
7. Plant Breeders Rights Bill (B11 of 2015)
8. 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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