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

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

4th October 2017

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management: Waste Act 59 of 2008

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1. Waste Tyre Regulations 2017. Published in GG 41157 Notice Number 1064 dated 29 September 2017.

2. Withdrawal of the Integrated Waste Tyre Management Plan of the Recycling and Economic Development Initiative of South Africa. Published in GG 41156 Notice Number 1063 dated 29 September 2017.

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Merchant Shipping Act 57 of 1951

3. Merchant Shipping (Seafarer Recruitment and Placement) Regulations 2017. Published in GG 41108 Notice Number 986 dated 11 September 2017.

National Forests Act 84 of 1998

4. List of protected tree species. Published in GG 41100 Notice Number 690 dated 8 September 2017.

National Water Act 36 of 1998

5. National Norms and Standards for Domestic Water and Sanitation. Published in GG 41100 Notice Number 982 dated 8 September 2017.

6. Pongola-Mtamvuna Water Management Area – limiting the use of water for irrigation, domestic and urban purposes. Published in GG 41132 Notice Number 1039 dated 22 September 2017.

7. Implementation of increased water restrictions: Western Cape Water Supply System. Published in GG 41145 Notice Number 1056 dated 28 September 2017.

National Heritage Resources Act 25 of 1999

8. Declaration of the Owl House and Camel Yard (situated in the village of Nieu-Bethesda in the Eastern Cape) as a National Heritage Site. Published in GG 41141 Notice Number 1044 dated 29 September 2017.

9. Declaration of the Evangelical Lutheral Church Complex (situated in Cape Town) as a National Heritage Site. Published in GG 41141 Notice Number 1045 dated 29 September 2017.

Broad-Based Black Economic Empowerment Act 53 of 2003

10. Procedures for the application, administration and allocation of export quotas under the Economic Partnership Agreement between the European Union and the Southern African Development Community for the year 2018. Published in GG 41148 Notice Number 1057 dated 29 September 2017.

Statistics South Africa

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

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

SECTION B: SAFETY AND HEALTH (NATIONAL)

Health Professions Act 56 of 1974

13. List of classified and certified psychological tests. Published in GG 41100 Notice Number 155 dated 8 September 2017.

Medicines and Related Substances Act 101 of 1965

14. Correction notice relating to Government Notice R837 of 28 October 2014 relating to oral preparations which contain a vitamin or elemental mineral . Published in GG 41100 Notice Number 973 dated 8 September 2017.

Standards Act 8 of 2008

15. New draft SANS Standards, proposed amendments to existing SANS codes for public comment and finalised amendments to existing SANS Standards. Published in GG 41100 Notice Number 706 dated 8 September 2017. Published in GG 41132 Notice Number 750 and 751 dated 22 September 2017.

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

16. Regulations relating to fertilizers. Published in GG 41100 Notice Number 972 dated 8 September 2017.

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

Conservation of Agricultural Resources Act 43 of 1983

17. New proposed long-term grazing capacity map for South Africa. Interested and affected parties are invited to submit written comments within 30 days after the date of publication of this notice. Published in GG 41100 Notice Number 971 dated 8 September 2017.

National Environmental Management Act 107 of 1998

18. Draft regulations laying down the procedure to be followed for the adoption of environmental management instruments under sections 24(5)(bA) and (bB) read with section 44(1)(b) of the Act. Members of the public are invited to submit written comments within 30 days from the date of publication of this notice. Published in GG 41114 Notice Number 987 dated 15 September 2017.

Water Services Act 108 of 1998

19. Draft Norms and Standards for the levels of water and sanitation services. Members of the public are invited to submit written comments within 30 days after the publication of the notice. Published in GG 41121 Notice Number 1001 dated 15 September 2017.

National Water Act 36 of 1998

20. Proposed reserve determination of water resources for the Olifants and Letaba Catchments. Interested persons are invited to submit written comments within 60 days from the date of publication of this notice. Published in GG 41132 Notice Number 1038 dated 22 September 2017.

Gas Regulator Levies Act 75 of 2002

21. Proposed levy on the piped-gas and petroleum pipeline industries for 2018/19. Published in GG 41091 Notice Number 957 dated 4 September 2017.

Special Economic Zones Act 16 of 2014

22. Proposed designation of the Atlantis Special Economic 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 41100 Notice Number 981 dated 8 September 2017.

National Energy Regulator Act 40 of 2004

23. Eskom’s proposed revenue application for 2018/19. Stakeholders are invited to submit written comments before 16:00 on 13 October 2017. Members of the public and stakeholders are invited to register to attend public hearings by 15:30 on 23 October 2017. Published in GG 41123 Notice Number 1002 dated 15 September 2017.

Broad-Based Black Economic Empowerment Act 53 of 2003

24. Notice of intention to align the Broad-Based Black Economic Empowerment Petroleum and Liquid Fuels Sector Transformation Charter with the Act. Members of the public are encouraged to participate in this process. Published in GG 41110 Notice Number 31 dated 13 September 2017.

National Department of Health

25. National Department of Health’s phased implementation of the GTIN-14 Data Matrix barcodes: request for information. Interested persons are invited to submit written comments within 6 weeks of publication of this notice. Published in GG 41114 Notice Number 988 dated 15 September 2017.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL

Northern Cape Province

26. Dawid Kruiper Municipality – amendments to the following by-laws:
a. Street Trading Control By-law 2012. Published in PG 2131 Notice Number 113 dated 4 September 2017.
b. Water Services By-law 2012. Published in PG 2131 Notice Number 115 dated 4 September 2017.
c. Fire Brigade By-law 2012. Published in PG 2131 Notice Number 118 dated 4 September 2017.
d. Law Enforcement By-law 2012. Published in PG 2131 Notice Number 121 dated 4 September 2017.
e. Refuse Removal By-law 2012. Published in PG 2131 Notice Number 122 dated 4 September 2017.
f. Municipal Commonage By-law 2012. Published in PG 2131 Notice Number 124 dated 4 September 2017.
g. Electricity By-law 2012. Published in PG 2131 Notice Number 125 dated 4 September 2017.
h. Advertising By-law 2012. Published in PG 2131 Notice Number 126 dated 4 September 2017.
i. Cemeteries By-law 2012. Published in PG 2131 Notice Number 127 dated 4 September 2017.
j. Health Nuisances By-law 2012. Published in PG 2131 Notice Number 128 dated 4 September 2017.
k. Fireworks By-law 2012. Published in PG 2131 Notice Number 129 dated 4 September 2017.
l. Keeping of Animals, Poultry and Bees Control By-law 2012. Published in PG 2131 Notice Number 130 dated 4 September 2017.

Western Cape Province

27. Western Cape Community Safety Act 3 of 2013: list of accredited neighbourhood watches. Published in PG 7814 Notice Number 160 dated 25 August 2017.

28. George Municipality: adoption of the Local Spatial Development Framework. Published in PG 7816 dated 1 September 2017.

29. Langeberg Municipality: adoption of the Spatial Development Framework. Published in PG 7816 dated 1 September 2017.

30. Eden District Municipality: District Waste Management By-law. Published in PG 7818 dated 1 September 2017.

31. George Municipality: Integrated Zoning Scheme By-law. Published in PG 7821 dated 1 September 2017.

32. Disaster Management Act 57 of 2002: provincial state of disaster relating to the fires and storms in the Western Cape in June 2017. Published in PG 7816 Notice Number 163 dated 1 September 2017.

33. Disaster Management Act 57 of 2002: Extension of the local state of disaster in the Imizamo-Yethu informal settlement. Published in PG 7826 dated 15 September 2017.

34. Disaster Management Act 57 of 2002: Extension of the local state of disaster as a result of the drought conditions within the boundaries of the City of Cape Town Metropolitan Municipality. Published in PG 7826 dated 15 September 2017.

35. Disaster Management Act 57 of 2002: extension of provincial state of disaster relating to the drought. Published in PG 7829 Notice Number 179 dated 21 September 2017.

36. Disaster Management Act 57 of 2002: Extension of the local state of disaster in the Stellenbosch Municipality. Published in PG 7826 dated 15 September 2017.

37. Disaster Management Act 57 of 2002: Swartland Municipality: extension of declaration of a local state of disaster due to the drought. Published in PG 7831 dated 29 September 2017.

38. Disaster Management Act 57 of 2002: Drakenstein Municipality: extension of declaration of a local state of disaster due to the drought. Published in PG 7827 dated 29 September 2017.

39. National Environmental Management: Protected Areas Act 57 of 2003: declaration of the Steenbras Nature Reserve. Published in PG 7826 Notice Number 173 dated 15 September 2017.

40. Heritage Western Cape: Declaration of heritage resources as provincial heritage sites. Published in PG 7827 Notice Number 176 and 177 dated 22 September 2017.

41. Stellenbosch Municipality: By-law on the prevention of nuisances and keeping of animals and Impoundment of animal by-law. Published in PG 7830 dated 29 September 2017.

Eastern Cape Province

42. Correction notice: National Environmental Management: Protected Areas Act 57 of 2003: private land declared as part of a protected environment. Published in PG 3914 Notice Number 191 dated 11 September 2017.

43. Disaster Management Act 57 of 2002: Extension of the declaration of a local state of disaster in the Kouga municipal area due to widespread veld fires. Published in PG 3912 Notice Number 147 dated 11 September 2017. Published in PG 3925 Notice Number 156 dated 25 September 2017.

44. Disaster Management Act 57 of 2002: Extension of the declaration of a local state of disaster in the Joe Gqabi District Municipality. Published in PG 3929 Notice Number 211 dated 29 September 2017.

Mpumalanga Province

45. National Land Transport Act 5 of 2009: declaration of all provincial public works roads and transport cost centre buildings as impoundment depots. Published in PG 2849 Notice Number 98 dated 8 September 2017.

KwaZulu-Natal

46. Commencement of the Umhlathuze Municipality Spatial Planning and Land Use Management By-law. Published in PG 1878 Notice Number 119 dated 21 September 2017.

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

Gauteng Province

47. Disaster Management Act 57 of 2002: Draft Gauteng Provincial Disaster Management Policy Framework. Written comments must be submitted on or before 29 September 2017. Published in PG 225 Notice Number 774 dated 6 September 2017.

North-West Province

48. Draft North-West Biodiversity Management Regulations 2017. Interested parties are invited to submit written comments by no later than 30 days after the publication hereof. Published in PG 7804 Notice Number 181 dated 5 September 2017.

Western Cape Province

49. Western Cape Transport Infrastructure Amendment Bill 2017. Interested persons and organisations are invited to submit written comments on or before 31 October 2017. Published in PG 7815 Notice Number 162 dated 30 August 2017.

50. Draft Western Cape Transport Infrastructure Regulations 2017. Interested persons and organisations are invited to submit written comments on or before 31 October 2017. Published in PG 7815 Notice Number 163 dated 30 August 2017.

51. National Environmental Management: Protected Areas Act 57 of 2003: amendment notice: intention to declaration of nature reserves published in PG 7283 dated 4 July 2014. Published in PG 7826 Notice Number 174 dated 15 September 2017.

52. National Environmental Management: Protected Areas Act 57 of 2003: notice of intention to declare the Table Bay Nature Reserve. Members of the public are invited to submit written comments within 60 days from the date of this notice. Published in PG 7827 Notice Number 175 dated 22 September 2017.

Northern Cape Province

53. Notice of intention to expand on nature reserves. Interested persons are invited to submit written comments on or before 60 days from publication. Published in PG 2134 Notice Number 135 dated 11 September 2017.

54. Dawid Kruiper Municipality: Draft Spatial Development Framework, Land Use Management Scheme and By-law on Land Use Management Planning. Interested and affected parties are invited to submit written comments before 22 November 2017. Published in PG 2138 Notice Number 142 dated 25 September 2017.

Limpopo Province

55. Intention to declare respective land parcels as nature reserves and protected environments. Members of the public are invited to submit written comments within 60 days from the date of publishing this notice. Published in PG 2851 Notice Number 90 dated 15 September 2017.

Mpumalanga Province

56. Bushbuckridge Local Municipality Draft Spatial Development Framework. Written comments must be submitted within 60 days from the date of this notice. Published in PG 2854 Notice Number 106 dated 22 September 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 October 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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