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

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

12th December 2017

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management: Protected Areas Act 57 of 2003

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1. Norms and Standards for the inclusion of Private Nature Reserves in the Register of Protected Areas in South Africa. Published in GG 41224 Notice Number 1157 dated 3 November 2017.

National Water Act 36 of 1998

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2. Limiting the use of water in terms of the Act for urban and irrigation purposes from dams within the Caledon-Modder Subsystem. Published in GG 41224 Notice Number 1221 dated 3 November 2017.

Electricity Regulation Act 4 of 2006

3. Licensing Exemption and Registration Notice. Published in GG 41237 Notice Number 1231 dated 10 November 2017.

Spatial Data Infrastructure Act 54 of 2003

4. Approval of Land Cover Classes and Definitions 2016 Standards. Published in GG 41237 Notice Number 1241 dated 10 November 2017.

Marine Living Resources Act 18 of 1998

5. Amendment to the GN R1111 of 2 September 1998 Regulations. Published in GG 41219 Notice Number 1341 dated 1 December 2017.

Broad-Based Black Economic Empowerment Act 53 of 2003

6. Codes of Good Practice: Amended Construction Sector Code. Published in GG 41287 Notice Number 931 dated 1 December 2017.

7. Codes of Good Practice: Amended Financial Sector Code. Published in GG 41287 Notice Number 1325 dated 1 December 2017.

Sub Division of Agricultural Land Act 70 of 1970

8. Exclusion of properties from the provisions of the Act: Kwadukuza Municipality in the KwaZulu-Natal Province. Published in GG 41287 Notice Number 1313 dated 1 December 2017.

9. Exclusion of properties from the provisions of the Act: City of Matlosana Municipality in the Nort-West Province and Makhado Local Municipality in the Limpopo Province. Published in GG 41287 Notice Number 1314 dated 1 December 2017.

10. Exclusion of properties from the provisions of the Act: Tlokwe Local Municipality in the North-West Province. Published in GG 41287 Notice Number 1315 dated 1 December 2017.

11. Exclusion of properties from the provisions of the Act: Polokwane Municipality in the Limpopo Province. Published in GG 41287 Notice Number 1316 dated 1 December 2017.

12. Exclusion of properties from the provisions of the Act: Richmond Municipality and Impendle Municipality in the KwaZulu-Natal Province. Published in GG 41287 Notice Number 1317 dated 1 December 2017.

13. Exclusion of properties from the provisions of the Act: Umswathi Municipality in the KwaZulu-Natal Province. Published in GG 41287 Notice Number 1318 dated 1 December 2017.

Special Economic Zones Act 16 of 2014

14. Musina-Makhado Special Economic Zone. Published in GG 41287 Notice Number 1325 dated 1 December 2017.

Statistics South Africa

15. Consumer Price Index (CPI) for July 2017. Published in GG 41100 Notice Number 704 dated 8 September 2017.

16. Consumer Price Index (CPI) for August 2017. Published in GG 41141 Notice Number 767 dated 29 September 2017.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Occupational Health and Safety Act 85 of 1993

17. Diving Regulations: inclusion of Code of Practice Inshore Diving. Published in GG 41237 Notice Number 1235 dated 10 November 2017.

18. Pressure Equipment Regulations 2009: Guidance Notes. Published in GG 41256 Notice number 1265 dated 17 November 2017.

Medicines and Related Substances Act 101 of 1965

19. Oral preparations determinations. Published in GG 41248 Notice Number 1256 dated 14 November 2017.

20. Amendment to the schedules in the schedule. Published in GG 41256 Notice Number 1261 dated 17 November 2017.

National Health Act 61 of 2003

21. Emergency Medical Services Regulations. Published in GG 41287 Notice Number 1320 dated 1 December 2017.

Agricultural Pests Act 36 of 1983

22. Amendment to the Control Measures to prevent and combat the spreading of prohibited pests. Published in GG 41257 Notice Number 1271 dated 17 November 2017.

Agricultural Product Standards Act 119 of 1990

23. Agricultural Product Standards: Service Fees: South African Meat Industry. Published in GG 41287 Notice Number 927 dated 1 December 2017.

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

National Environmental Management Act 107 of 1998

24. Proposed Regulations pertaining to the Financial Provision for Prospecting, Exploration, Mining or Production Operations. Interested and affected parties are invited to submit written comments within 30 days of the date of the publication of this notice. Published in GG 41236 Notice Number 1228 dated 10 November 2017.

National Water Act 36 of 1998

25. Proposed disestablishment of the Mhlathuze Water and transferring of staff, assets and liabilities into Umgeni Water and changing of name of Umgeni Water into the KwaZulu-Natal Water Board. Interested persons are invited to submit written comments for a period of 60 days. Published in GG 41237 Notice Number 1247 dated 10 November 2017.

26. Proposed reserve determination of water resources for the Inkomati Catchment. Any interested person is invited to submit written comments within 60 days from the date of publication of this notice. Published in GG 41237 Notice Number 1248 dated 10 November 2017.

27. Proposed Catchment Management Strategy for the Breede-Gouritz Catchment Management Agency. Written comments must be submitted by 2 March 2018. Published in GG 41287 Notice Number 1335 dated 1 December 2017.

National Environmental Management: Biodiversity Act 10 of 2004

28. Proposed Biodiversity Management Plan for the Bontebok (Damaliscus Pygargus Pygarus) in South Africa. Members of the public are invited to submit written comments within 30 working days after the publication of the notice. Published in GG 41249 Notice Number 889 dated 14 November 2017.

29. Consultation on an integrated biotrade and bioprospecting permit application on traditional knowledge associated with the use of Scierocarya Birrea (Marula, Mafula, Morula, Ukanyi). Members of the public holding traditional knowledge associated with the use of Scierocarya Birrea (Marula, Mafula, Morula, Ukanyi) are invited to submit written comments within 30 days after the publication of the notice. Published in GG 41253 Notice Number 1258 dated 15 November 2017.

Marine Living Resources Act 18 of 1998

30. Proposed establishment of a Consultative Advisory Forum for Marine Living Resources. Interested parties are invited to submit nominations for members of the Forum on or before 8 December 2017. Published in GG 41270 Notice Number 1296 dated 24 November 2017.

National Energy Regulator Act 40 of 2004

31. Nominations for candidates to serve as part-time regulator members for the National Energy Regulator of South Africa (NERSA). Completed nomination forms must be submitted on or before 22 December 2017. Published in GG 41292 Notice Number 1342 dated 1 December 2017.

National Regulator for Compulsory Specifications Act 4 of 2008

32. Proposed amendment to the compulsory specification for canned fish, canned marine molluscs and canned crustaceans and products derived therefrom. Interested persons are invited to submit written comments on or before the date 2 months after the publication of this notice. Published in GG 41287 Notice Number 1329 dated 1 December 2017.

33. Proposed amendment to the compulsory specification for circuit-breakers. Interested persons are invited to submit written comments on or before the date 2 months after the publication of this notice. Published in GG 41287 Notice Number 1330 dated 1 December 2017.

Constitution of the Republic of South Africa 108 of 1996

34. Constitution Amendment Bill relating to the redetermination of the geographical areas of the provinces of the Eastern Cape, KwaZulu-Natal, the North West and the Northern Cape. Written representations must be submitted by no later than 28 February 2018. Published in GG 41276 Notice Number 1310 dated 24 November 2017.

Medical Schemes Levies Act 58 of 2000

35. Proposed levies on medical schemes. Written representatives must be submitted by no later than 8 December 2017. Published in GG 41259 dated 11 November 2017.

Medicines and Related Substance Act 101 of 1965

36. Proposed General Regulations relating to Bonusing. Interested persons are invited to submit written comments within 3 months of publication of this notice. Published in GG 41276 Notice Number 1321 dated 1 December 2017.

37. Regulations relating to a Transparent Pricing System for Medicines and Scheduled Substances: Proposed Review of Guidelines for Pharmacoeconomic Submissions. Interested persons are invited to submit written comments within 3 months of publication of this notice. Published in GG 41276 Notice Number 1322 dated 1 December 2017.

Standards Act 8 of 2008

38. Draft standards issued for public comment, proposed amendments to existing SANS codes for public comment, intention to withdraw standards for public comment, issuance of new standards, amendment of current standards and establishment or disestablishment of technical committees. Published in GG 41224 Notice Number 874 dated 3 November 2017, in GG 41237 Notice Number 881 dated 10 November 2017 and in GG 41256 Notice Number 897 and 898 dated 17 November 2017.

Labour Relations Act 66 of 1995

39. Labour Relations Amendment Bill 2017: notice of intention to introduce the Bill into Parliament and publication of the explanatory summary. Published in GG 41257 Notice Number 1273 dated 17 November 2017.

Basic Conditions of Employment Act 75 of 1997

40. Basic Conditions of Employment Amendment Bill 2017: notice of intention to introduce the Bill into Parliament and publication of the explanatory summary. Published in GG 41257 Notice Number 1274 dated 17 November 2017.

41. National Minimum Wage Bill 2017: notice of intention to introduce the Bill into Parliament and publication of the explanatory summary. Published in GG 41257 Notice Number 1275 dated 17 November 2017.

Labour Relations Act 66 of 1995 and Basic Conditions of Employment Act 75 of 1997

42. Publication of the proposed amendments to the Labour Relations Act 66 of 1995 and to the Basic Conditions of Employment Act 75 of 1997. Publication of the National Minimum Wage Bill 2017 and Socio-Economic Impact Assessments for the three bills. Interested parties are invited to submit written comments on the draft bills by no later than 30 November 2017. Published in GG 41257 Notice Number 1277 dated 17 November 2017.

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

Western Cape Province

43. Declaration of a local state of disaster in the Witzenberg Municipality due to the severe drought. Published in PG 7842 dated 3 November 2017.

44. Extension of a provincial state of disaster in terms of the continuing drought. Published in PG 7847 Notice Number 209 dated 17 November 2017.

45. Extension of a local state of disaster in the Imizamo-Yethu informal settlement situated within Hout Bay. Published in PG 7847 dated 17 November 2017.

46. Extension of a provincial state of disaster as a result of the fires and storms that affected the Western Cape in June 2017. Published in PG 7849 Notice Number 211 Dated 24 November 2017.

47. Extension of the declaration of a local state of disaster in the Stellembosch Municipality due to the severe drought. Published in PG 7849 dated 24 November 2017.

48. Extension of the declaration of a local state of disaster in the Swartland Municipality due to the fire at the Swartland Hospital. Published in PG 7849 Notice Number 48 dated 24 November 2017.

49. Extension of the declaration of a local state of disaster in the Swartland Municipality due to the severe drought. Published in PG 7849 Notice Number 49 dated 24 November 2017.

50. Cape Agulhas Municipality: Amendment to the By-law on Municipal Land Use Planning. Published in PG 7849 dated 24 November 2017.

Limpopo Province

51. Thulamela Local Municipality: Refuse Removal, Refuse Dumps and Solid Waste Disposal By-law. Published in PG 2863 Notice Number 108 dated 10 November 2017.

52. Thulamela Local Municipality: Street Trading By-law. Published in PG 2863 Notice Number 109 dated 10 November 2017.

53. Thulamela Local Municipality: Cemeteries and Crematoria By-law. Published in PG 2863 Notice Number 110 dated 10 November 2017.

Mpumalanga Province

54. Mpumalanga Nature Conservation Act 10 of 1998: Open season: ordinary game. Published in PG 2871 Notice Number 145 dated 10 November 2017.

55. Emakhazeni Local Municipality: Water Supply and Sanitation Services By-law. Published in PG 2871 Notice Number 127 dated 10 November 2017.

56. Emakhazeni Local Municipality: Fire Brigade Service By-law. Published in PG 2871 Notice Number 128 dated 10 November 2017.

57. Emakhazeni Local Municipality: Electricity Supply Services By-law. Published in PG 2871 Notice Number 129 dated 10 November 2017.

Eastern Cape Province

58. Joe Gqabi District Municipality: extension of declared local state of disaster due to damaged road network. Published in PG 3954 Notice Number 249 dated 17 November 2017.

Gauteng Province

59. Gautrain Management Agency Amendment Act 2 of 2017. Published in PG 310 Notice Number 4 dated 20 November 2017.

KwaZulu-Natal Province

60. uMgungundlovu District Municipality: Environmental Health By-law. Published in PG 1903 Notice Number 126 dated 23 November 2017.

North-West Province

61. Greater Taung Municipality: adoption of the Greater Taung Spatial Development Framework 2017. Published in PG 7824 Notice Number 253 dated 21 November 2017.

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

Western Cape Province

62. Laingsburg Municipality: Draft Integrated Zoning Scheme By-law. Interested parties are invited to submit written comments on or before 60 days from the date of publication of this notice. Published in PG 7849 dated 24 November 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 4 December 2017):

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 Veld and Forest Fire Amendment Bill (B22 of 2016)
10. National Forests Amendment Bill (B11 of 2016)
11. National Land Transport Amendment Bill (B7 of 2016)
12. Plant Improvement Bill (B8 of 2015)
13. Plant Breeders Rights Bill (B11 of 2015)
14. 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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