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

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

12th December 2017

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management: Waste Act 59 of 2008

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1. National Norms and Standards for the sorting, shredding, grinding, crushing, screening or baling of general waste. Published in GG 41175 Notice Number 1093 dated 11 October 2017.

2. Amendment to the list of waste management activities that have, or are likely to have, a detrimental effect on the environment. Published in GG 41175 Notice Number 1094 dated 11 October 2017.

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3. Call on the tyre industry to prepare and submit an Industry Waste Tyre Management Plan to the Minister for approval. Published in GG 41213 Notice Number 1148 dated 30 October 2017.

National Water Act 36 of 1998

4. Olifants/Doorn River of the Berg-Olifants Water Management Area: limiting the use of water. Published in GG 41216 Notice Number 1152 dated 31 October 2017.

Water Research Act 34 of 1971

5. Water Research Levy 2017/18: Rates and charges – increase of 6.79%. Published in GG 41179 Notice Number 1105 dated 13 October 2017.

Subdivision of Agricultural Land Act 70 of 1970

6. Exclusion of certain properties from the provisions of the Act in the Victor Khanye Local Municipality – Mpumalanga Province. Published in GG 41179 Notice Number 1095 dated 13 October 2017.

7. Exclusion of certain properties from the provisions of the Act in the Rustenburg Local Municipality – North West Province. Published in GG 41179 Notice Number 1096 dated 13 October 2017.

8. Exclusion of certain properties from the provisions of the Act in the Naledi Local Municipality – North West Province, Musina Local Municipality – Limpopo Province and the Mandeni Local Municipality – KwaZulu-Natal Province. Published in GG 41179 Notice Number 1097 dated 13 October 2017.

Statistics South Africa

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

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

SECTION B: SAFETY AND HEALTH (NATIONAL)

National Regulator for Compulsory Specifications Act 5 of 2008

11. Amendment of the Compulsory Specification for Chemical Disinfectants – VC 8054. Published in GG 41186 Notice Number 1119 dated 20 October 2017.

Standards Act 8 of 2008

12. Finalised amendments to existing SANS Standards, new draft SANS Standards and proposed amendments to existing SANS codes for public comment. Published in GG 41164 Notice Number 807 dated 6 October 2017.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

13. Amendment to the regulations relating to the reduction of sodium in certain foodstuffs and related matters. Published in GG 41100 Notice Number 972 dated 8 September 2017.

14. Amendment to the regulations relating to preservatives and antioxidants. Published in GG 41191 Notice Number 1124 dated 20 October 2017.

Plant Breeders Rights Act 15 of 1976

15. Amendment to the regulations relating to plant breeders rights. Published in GG 41179 Notice Number 1106 dated 13 October 2017.

Animal Diseases Act 35 of 1984

16. Rescind of control measures relating to classical swine fever as prescribed in GN R371 of 26 April 2007. Published in GG 41202 Notice Number 1128 dated 27 October 2017.

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

National Environmental Management: Waste Act 59 of 2008

17. Proposed regulations regarding the control of the import or export of waste. Members of the public are invited to submit written comments within 30 days from the date of publication of this notice. Published in GG 41213 Notice Number 1147 dated 30 October 2017.

National Water Act 36 of 1998

18. Draft Mine Water Management Policy: public comment period extended. 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 41168 Notice Number 1088 dated 6 October 2017.

Marine Living Resources Act 18 of 1998

19. Proposed establishment of a Fishers Transformation Council and invitation for nominations for members of the council. Written nominations must be submitted on or before 10 November 2017. Published in GG 41190 Notice Number 1123 dated 20 October 2017.

National Environmental Management: Biodiversity Act 10 of 2004

20. Proposed period of amnesty to facilitate compliance with the provisions of Chapter 6 of the Act and the Bioprospecting, Access and Benefit Sharing Regulations 2015. Members of the public are invited to submit written comments within 30 days after the publication of the notice. Published in GG 41220 Notice Number 1155 dated 1 November 2017.

Civil Aviation Act 13 of 2009

21. Proposed amendments to the Civil Aviation Regulations, 2011. Interested persons are invited to submit written comments on or before 6 November 2017. Published in GG 41169 Notice Number 1089 dated 6 October 2017.

National Regulator for Compulsory Specifications Act 5 of 2008

22. Proposed compulsory specification for aquacultured live and raw bivalve molluscs. Interested persons are invited to submit written comments on or before the date 2 months after the publication of this notice. Published in GG 41164 Notice Number 1079 dated 6 October 2017.

23. Proposed administrative regulatory requirement for imported fish and fish products and canned meat products regulated under the Act. Interested persons are invited to submit written comments on or before the date 2 months after the publication of this notice. Published in GG 41186 Notice Number 1120 dated 20 October 2017.

Health Professions Act 56 of 1974

24. Proposed amendments to the regulations relating to the qualifications for registration of dental assistants. Interested persons are invited to submit written comments within 3 months from the date of publication of this notice. Published in GG 41203 Notice Number 1139 dated 27 October 2017.

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

Eastern Cape Province

25. Mhlontlo Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3931 Notice Number 212 dated 2 October 2017.

26. Nyandeni Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3931 Notice Number 213 dated 2 October 2017.

27. Disaster Management Act 57 of 2002: declaration of a local state of disaster in the Joe Gqabi District Municipality due to extensive fires. Published in PG 3942 Notice Number 234 dated 27 October 2017.

28. Disaster Management Act 57 of 2002: declaration of a local state of disaster in the Koukamma Local Municipality due to extensive fires. Published in PG 3945 Notice Number 173 dated 30 October 2017.

Gauteng Province

29. City of Tshwane Metropolitan Municipality: By-law relating to the keeping of animals, birds and poultry and to businesses involving the keeping of animals, birds, poultry and pets. Published in PG 242 Notice Number 1539 dated 4 October 2017.

Western Cape Province

30. Extended local state of disaster in the Imizamo-Yethu informal settlement situated within Hout Bay. Published in PG 7836 dated 13 October 2017 and in PG 7837 dated 20 October 2017.

31. Extended provincial state of disaster in terms of the drought affected the Western Cape Province. Published in PG 7837 Notice Number 191 dated 20 October 2017.

32. Extended local state of disaster in the Swartland Municipality due to the continuing drought. Published in PG 7837 Notice Number 38 dated 20 October 2017.

33. Extended local state of disaster in the Swartland Municipality due to the fire at the Swartland Hospital. Published in PG 7837 Notice Number 36 dated 20 October 2017.

34. Extended local state of disaster in the Stellenbosch Municipality due to the continuing drought. Published in PG 7837 dated 20 October 2017.

35. Extended local state of disaster in the Drakenstein Municipality due to the continuing drought. Published in PG 7838 dated 27 October 2017.

36. Western Cape Nature Conservation Board: Hunting notice, daily bag limits and hunting by the use of prohibited methods. Published in PG 7836 Notice Number 189 dated 13 October 2017.

37. Western Cape Nature Conservation Board: declaration of the High Slent Nature Reserve. Published in PG 7837 Notice Number 193 dated 20 October 2017.

38. Western Cape Nature Conservation Board: declaration of the Botterblom Nature Reserve. Published in PG 7837 Notice Number 194 dated 20 October 2017.

39. Western Cape Nature Conservation Board: declaration of the Edith Stephens Nature Reserve. Published in PG 7837 Notice Number 195 dated 20 October 2017.

40. Western Cape Nature Conservation Board: declaration of the Bothasig Nature Reserve. Published in PG 7837 Notice Number 196 dated 20 October 2017.

41. Western Cape Nature Conservation Board: declaration of the Blaauwberg Nature Reserve. Published in PG 7837 Notice Number 197 dated 20 October 2017.

42. Western Cape Nature Conservation Board: declaration of the Bracken Nature Reserve. Published in PG 7837 Notice Number 198 dated 20 October 2017.

Limpopo Province

43. Musina Local Municipality: Street Trading By-law. Published in PG 2863 Notice Number 100 dated 20 October 2017.

44. Musina Local Municipality: Refuse Removal, Refuse Dumps and Solid Waste Disposal By-law. Published in PG 2863 Notice Number 101 dated 20 October 2017.

Northern Cape Province

45. Disaster Management Act 57 of 2002:  Declaration of a provincial state of drought disaster. Published in PG 2143 Notice Number 149 dated 18 October 2017.

North-West Province

46. Adoption of the Greater Taung Local Municipality Environmental Management Framework. Published in PG 7818 Notice Number 235 dated 31 October 2017.

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

North-West Province

47. Macquassi Hills Local Municipality: notice of draft Spatial Development Framework. Interested parties are invited to submit written comments within a period of 60 days from 3 October 2017. Published in PG 7811 Notice Number 137 dated 3 October 2017.

Gauteng Province

48. City of Tshwane Metropolitan Municipality: Draft Regional Spatial Development Framework. Interested persons are invited to submit written comments before 10 December 2017. Published in PG 249 Notice Number 1562 dated 11 October 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 November 2017):

1. Agricultural Product Standards Amendment Bill (B21 of 2017)
2. National Environmental Management Laws Amendment Bill (B14 of 2017)
3. Marine Spatial Planning Bill (B9 of 2017)
4. National Veld and Forest Fire Amendment Bill (B22 of 2016)
5. National Forests Amendment Bill (B11 of 2016)
6. National Land Transport Amendment Bill (B7 of 2016)
7. Plant Improvement Bill (B8 of 2015)
8. Plant Breeders Rights Bill (B11 of 2015)
9. 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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