WARBURTON ATTORNEYS MONTHLY SUSTAINABILITY LEGISLATION, REGULATION AND PARLIAMENTARY UPDATE

NOVEMBER 2010

SECTION A: ENVIRONMENTAL (NATIONAL)

National Forest Act 84 of 1998

1. Declaration of phase 2A of the Olifants River Water Resources Development Project offsite mitigation area as a controlled forest area under section 17(2). Published in GG 33734 Notice Number 1032 dated 12 November 2010.

Marine Living Resources Act 18 of 1998

2. Amendments to the general Marine Living Resources Regulations GN R1111. Published in GG 33767 Notice Number 1060 dated 12 November 2010.

National Environmental Management Act 107 of 1998

3. Amendment to the regulations for the control of use of vehicles in the coastal zone. Published in GG 33711 Notice Number 1012 dated 5 November 2010.

National Water Act 36 of 1998

4. Transformation of the Heatonville and Umfuleni Irrigation Boards (Amalgamation), magisterial district of Usuthu to Mhlathuze, KwaZulu Natal, into the Central Umhlathuze Water User Association, Water Management Area Number 6, KwaZulu Natal Province. Published in GG 33762 Notice Number 1086 dated 19 November 2010.

5. Establishment of the Luvuvhu Water User Association, magisterial district of Vhembe, Water Management Area Number 2, Limpopo Province. Published in GG 33762 Notice Number 1087 dated 19 November 2010.

6. Transformation of the Nkonza Irrigation Board into the Nkonza Water User Association, in the Greater Sisonke District Municipality and within the boundaries of the Ingwe Local Municipality, Mvoti to Mzimkhulu Water Management Area Number 11, KwaZulu Natal Province. Published in GG 33762 Notice Number 1088 dated 19 November 2010.

7. Establishment of the Amajuba Water User Association, magisterial district of Thukela, Water Management Area Number 7, KwaZulu Natal Province. Published in GG 33762 Notice Number 1089 dated 19 November 2010.

Promotion of Access to Information Act 2 of 2000

8. Manual in accordance with the Act – Complaints Procedure Manual: Commission of Gender Equality. Published in GG 33746 dated 11 November 2010.

9. Description submitted in terms of section 15(1) by the Theewaterskloof Municipality in connection with records that are automatically available from the Municipality. Published in GG 33711 Notice Number 1013 dated 5 November 2010.

10. Description submitted in terms of section 15(1) by the Limpopo Department of Safety, Security and Liaison in connection with records that are automatically available from the Department. Published in GG 33763 Notice Number 1067 dated 19 November 2010.

11. Manual in accordance with the Act – Section 14 Manual for the South African Human Rights Commission: Promotion of Access to Information. Published in GG 33778 dated 25 November 2010.

National Nuclear Regulator Act 47 of 1999

12. Notice in terms of section 28 of the Act, on fees for nuclear authorisations. Published in GG 33741 Notice Number 1028 dated 8 November 2010.

13. Notice of Authorisation of Fees for 2010-2013. Published in GG 33762 Notice Number 1082 dated 19 November 2010.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Mine Health and Safety Act 29 of 1996

14. Amendments to Chapter 11 of the regulations dealing with exit certificates. Published in GG 33752 Notice Number 1053 dated 12 November 2010.

15. Amendments to the regulations for machinery and equipment. Published in GG 33763 Notice Number 1068 dated 19 November 2010.

Minerals Act 50 of 1991

16. Chapter 31: Regulations GN R992 – Offshore Installations to be repealed on the date when new Offshore Installation regulations are promulgated. Published in GG 33711 Notice Number 1015 dated 5 November 2010.

Medicines and Related Substances Act 101 of 1065

17. Amendment to the regulations relating to a transparent pricing system for medicines and scheduled substances (dispensing fee for pharmacists). Published in GG 33775 Notice Number 1090 dated 19 November 2010.

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

National Environmental Management: Biodiversity Act 10 of 2004

18. Draft norms and standards for the management of damage-causing animals in South Africa. Published in GG 33806 Notice Number 1084 dated 26 November 2010.

National Climate Change Response Green Paper 2010

19. Published for written comments in GG 33801 Notice Number 1083 dated 25 November 2010.

Consumer Protection Act 68 of 2008

20. Proposed consumer protection regulations, 2010. Published for public comment in GG 33818 Notice Number 1099 dated 29 November 2010.

Electricity Regulation Act 4 of 2006

21. Draft electricity regulations on new generation capacity. Published in GG 33819 Notice Number 1130 dated 30 November 2010.

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

Gauteng Province

22. 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. Published in PG 198 Notice Number 3217 dated 12 November 2010.

23. 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 205 Notice Number 3342 dated 24 November 2010.

24. Rationalisation of Local Government Affairs Act 10 of 1998: Ekurhuleni Metropolitan Municipality: Repeal of outdated by-laws. Published in PG 203 Notice Number 1555 dated 24 November 2010.

Western Cape Province

25. Western Cape Nature Conservation Board: Nature Conservation Ordinance, 1974. Published in PG 6805 Notice Number 414 dated 15 November 2010.

26. Theewaterskloof Municipality: Nature Reserve. Published in PG 6808 dated 12 November 2010.

27. Theewaterskloof Municipality: By-law related to Affixing and Removing of Posters from Lamp Posts. Published in PG 6814 dated 26 November 2010.

28. Swartland Municipality: By-law related to the Display of Posters and Banners. Published in PG 6814 dated 26 November 2010.

Northern Cape Province

29. Environmental Impact Assessment Regulations, 2006: Adoption of the Namakwa Environment Management Framework. Published in PG 1476 Notice Number 118 dated 4 November 2010.

KwaZulu Natal Province

30. Local Government: Municipal Systems Act 32 of 2000: Richmond Municipal Council: Pollution Control By-law. Published in PG 516 Notice Number 108 dated 1 November 2010.

31. Local Government: Municipal Systems Act 32 of 2000: Richmond Municipal Council: Refuse Removal By-law. Published in PG 516 Notice Number 112 dated 1 November 2010.

32. Local Government: Municipal Systems Act 32 of 2000: Richmond Municipal Council: Cemetery By-law. Published in PG 516 Notice Number 113 dated 1 November 2010.

33. Local Government: Municipal Systems Act 32 of 2000: Richmond Municipal Council: Public Road and Miscellaneous By-law. Published in PG 516 Notice Number 114 dated 1 November 2010.

34. Local Government: Municipal Systems Act 32 of 2000: Richmond Municipal Council: Waste Management By-law. Published in PG 516 Notice Number 116 dated 1 November 2010.

35. Local Government: Municipal Systems Act 32 of 2000: Richmond Municipal Council: Advertising Signage By-law. Published in PG 516 Notice Number 117 dated 1 November 2010.

36. Local Government: Municipal Systems Act 32 of 2000: Richmond Municipal Council: Public Health By-law. Published in PG 516 Notice Number 123 dated 1 November 2010.

37. Local Government: Municipal Systems Act 32 of 2000: Richmond Municipal Council: Public Spaces By-law. Published in PG 516 Notice Number 126 dated 1 November 2010.

38. Local Government: Municipal Systems Act 32 of 2000: Richmond Municipal Council: Nuisances By-law. Published in PG 516 Notice Number 127 dated 1 November 2010.

North West Province

39. Environmental Impact Assessment Regulations, 2006: Notice in terms of regulation 72(2). Published in PG 6840 Notice Number 363 dated 25 November 2010.

40. Local Government: Municipal Systems Act 32 of 2000: Moretele Municipality: Water and Sanitation By-law. Published in PG 6839 Notice Number 264 dated 30 November 2010.

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

Free State Province

41. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard Commonage By-law. Published for public comment in PG 98 Notice Number 152 dated 5 November 2010.

42. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard Control of Public Nuisances By-law. Published for public comment in PG 98 Notice Number 154 dated 5 November 2010.

43. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard District Municipal Health By-law. Published for public comment in PG 99 Notice Number 157 dated 5 November 2010.

44. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard Dumping and Littering By-law. Published for public comment in PG 100 Notice Number 159 dated 5 November 2010.

45. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard Electricity Supply By-law. Published for public comment in PG 100 Notice Number 160 dated 5 November 2010.

46. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard Encroachment on Property By-law. Published for public comment in PG 100 Notice Number 161 dated 5 November 2010.

47. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard Environmental Health By-law. Published for public comment in PG 101 Notice Number 162 dated 5 November 2010.

48. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard Fire and Emergency Services By-law. Published for public comment in PG 101 Notice Number 163 dated 5 November 2010.

49. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard General Street By-law. Published for public comment in PG 102 Notice Number 166 dated 5 November 2010.

50. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard Keeping of Animals, Poultry and Bees By-law. Published for public comment in PG 103 Notice Number 170 dated 5 November 2010.

51. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard Public Amenities By-law. Published for public comment in PG 105 Notice Number 175 dated 5 November 2010.

52. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard Public Swimming Pool By-law. Published for public comment in PG 105 Notice Number 176 dated 5 November 2010.

53. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard Refuse Removal By-law. Published for public comment in PG 105 Notice Number 177 dated 5 November 2010.

54. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard Sporting Facilities By-law. Published for public comment in PG 105 Notice Number 178 dated 5 November 2010.

55. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard Storm Water By-law. Published for public comment in PG 105 Notice Number 179 dated 5 November 2010.

56. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard Unsightly and Neglected Buildings By-law. Published for public comment in PG 106 Notice Number 183 dated 5 November 2010.

57. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard Waste Management By-law. Published for public comment in PG 107 Notice Number 184 dated 5 November 2010.

58. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard Water Restrictions By-law. Published for public comment in PG 107 Notice Number 186 dated 5 November 2010.

59. Local Government: Municipal Systems Act 32 of 2000: Notice in terms of section 14(2)(b)(i): Publication of the Draft Standard Water Services By-law. Published for public comment in PG 107 Notice Number 187 dated 5 November 2010.

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 December 2010)

• 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)
➢ Magistrates Courts Amendment Bill (B23 - 2010)
➢ Skills Development Levies Amendment Bill (B25 - 2010)
➢ Higher Education and Training Laws Amendment Bill (B26 - 2010)
➢ Transport Laws Repeal Bill (B19 - 2010)
➢ Independent Police Investigative Directorate Bill (B15 - 2010)
➢ Deeds Registries Amendment Bill (B13 - 2010)
➢ Sectional Titles Amendment Bill (B14 - 2010)
➢ Geoscience Amendment Bill (B12 - 2010)
➢ Intellectual Property Laws Bill (B8 - 2010)
➢ Prevention and Combating of Trafficking in Persons Bill (B7 - 2010)
➢ Traditional Courts Bill (B15 - 2008)
➢ 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)
➢ Criminal Law (Forensic Procedures) Amendment Bill (B2 - 2009)

CASE NOTE: Bengwenyawa Minerals (Pty) Ltd and Others v Genorah Resources (Pty) Ltd and Others (CCT 39/10) [2010] ZACC 26 (30 November 2010) dealt with the administrative fairness of the allocation of prospecting rights to a third party in terms of the Mineral and Petroleum Resources Development Act 28 of 2002, on land owned by a community.

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