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Published: 10 Aug 2010
Monthly Sustainability Legislation, Regulation and Parliamentary Update: July 2010

WARBURTON ATTORNEYS MONTHLY SUSTAINABILITY LEGISLATION, REGULATION AND PARLIAMENTARY UPDATE - JUNE 2010

SECTION A: ENVIRONMENTAL (NATIONAL)


National Environmental Management Act 107 of 1998

 

1. Bio-Prospecting, Access and Benefit Sharing Regulations, 2008. Published in GG 33361 Notice Number 596 dated 7 July 2010.


2. Model Air Quality Management By-law. Published in GG 33342 Notice Number 579 dated 2 July 2010.


3. Commencement date of the Environmental Impact Assessment Regulations, 2010, is 2 August 2010. Published in GG 33411 Notice Number 664 dated 30 July 2010.

 

4. Commencement date of the Environmental Management Framework Regulations, 2010, is 2 August 2010. Published in GG 33411 Notice Number 665 dated 30 July 2010.


5. Commencement date of Listing Notice 1: List of Activities and Competent Authorities identified in terms of Sections 24(2) and 24D, is 2 August 2010. Published in GG 33411 Notice Number 661 dated 30 July 2010.


6. Commencement date of Listing Notice 2: List of Activities and Competent Authorities identified in terms of Sections 24(2) and 24D, is 2 August 2010. Published in GG 33411 Notice Number 662 dated 30 July 2010.

 

7. Commencement date of Listing Notice 3: List of Activities and Competent Authorities identified in terms of Sections 24(2) and 24D, is 2 August 2010. Published in GG 33411 Notice Number 663 dated 30 July 2010.


8. Amendment to the 2010 Environmental Impact Assessment Regulations and Listing Notices. Published in GG 33411 Notice Number 660 dated 30 July 2010.


National Water Act 36 of 1998

 

9. Restrictions on the use of domestic water in the municipalities of Mossel Bay, George, Knysna and Bitou in the Western Cape Province. Published in GG 33328 Notice Number 577 dated 2 July 2010.

Electricity Act 41 of 1987


10. Licence Fees Payable by Licensed Generators of Electricity. Published in GG 33419 Notice Number 671 dated 28 July 2010.


National Energy Regulator of South Africa

 

11. Notice of the Energy Regulator Public Hearings for Energy Efficiency and Demand-Side-Management Rules (EEDSM) Including Standard Offer Programme (SOP). Published in GG 33410 Notice Number 728 dated 23 July 2010.


Promotion of Access to Information Act 2 of 2000

 

12. Description submitted in terms of section 15(1) by the Limpopo Department of Economic Development, Environment and Tourism regarding the records that are available automatically, for inspection, purchasing, copying or available free of charge. Published in GG 33370 Notice Number 603 dated 16 July 2010.

 

13. Description submitted in terms of section 15(1) by the Council of Medical Schemes for automatically available records and access to such records. Published in GG 33350 Notice Number 586 dated 9 July 2010.




National Heritage Resources Act 25 of 1999

 

14. Declaration of the graves of Charlotte Maxeke in Nancefield Cemetery, Lilian Ngoyi and Helen Joseph in Avalon Cemetery, Johannesburg as National Heritage Sites. Published in GG 33399 Notice Number 658 dated 30 July 2010.

 




SECTION B: SAFETY AND HEALTH (NATIONAL)

 

Hazardous Substances Act 15 of 1973

 

15. Declaration of Leaded Paint as a Group 1 Hazardous Substance came into effect on 31 July 2010. Published in GG 32455 Notice Number 801 dated 31 July 2009.


Safety at Sports and Recreational Events Act 2 of 2010

 

16. Commencement date of the Act is 2 August 2010. Published in GG 33483 Notice Number 40 dated 3 August 2010.





SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL


Draft National Legislation and Regulations

 

National Energy Regulator Act 40 of 2004

 

17. National Energy Regulator of South Africa: Draft Republic of Mozambique Pipeline Investment Company (ROMPCO) Transportation Tariff for the period October 2008 to April 2010. Published for public comment in GG 33359 Notice Number 106 dated 9 July 2010.


Medicines and Related Substances Act 101 of 1965

 

18. Draft regulations relating to a transparent pricing system for medicines and scheduled substances. Published in GG 33346 Notice Number 583 dated 5 July 2010.


19. Draft amendment to the regulations relating to a transparent pricing system for medicines and schedules substances. Published in GG 33407 Notice Number 33 dated 23 July 2010.


National Environmental Management Act 107 of 1998

 

20. Bio-Prospecting, Access and Benefit Sharing Agreement. Published for public comment in GG 33348 Notice Number 579 dated 2 July 2010.


National Environmental Management: Waste Act 59 of 2008

 

21. Draft National Waste Information Regulations. Published in GG 33384 Notice Number 718 dated 23 July 2010.


Transnet National Ports Authority

 

22. Lease of Land and Buildings in the Port of Mossel Bay: Invitation for public comments. Published in GG 33381 Notice Number 708 dated 16 July 2010.


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

 

23. Proposed Fertilizers and Feeds Bill. Published in GG 33399 Notice Number 745 dated 30 July 2010.

 




SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL

 

Provincial Legislation and Municipal By-Laws

Limpopo Province

 

24. Local Government: Municipal Systems Act 32 of 2000: Mopani District Municipality: Food Handling By-law. Published in PG 1808 Notice Number 153 dated 9 July 2010.


25. Local Government: Municipal Systems Act 32 of 2000: Mopani District Municipality: Emergency Services By-law. Published in PG 1808 Notice Number 152 dated 9 July 2010.


26. Local Government: Municipal Systems Act 32 of 2000: Fetakgomo Local Municipality: Cemeteries and Crematoria By-law. Published in PG 1808 Notice Number 150 dated 9 July 2010.


27. Local Government: Municipal Systems Act 32 of 2000: Ba-Phalaborwa Municipality: Buildings By-law. Published in PG 1807 Notice Number 155 dated 2 July 2010.

 

28. Local Government: Municipal Systems Act 32 of 2000: Ba-Phalaborwa Municipality: Electricity Supply By-law. Published in PG 1807 Notice Number 154 dated 2 July 2010.

 

29. Promotion of Access to Information Act 2 of 2000: Description of Categories of Records automatically available in terms of section 15(1)(A) of the Act. Published in PG 1820 Notice Number 229 dated 28 July 2010.


Western Cape Province

 

30. City of Cape Town: Problem Building By-law. Published in PG 6767 dated 9 July 2010.


31. City of Cape Town: Treated Effluent By-law. Published in PG 6772 dated 30 July 2010.


32. City of Cape Town: Air Quality Management By-law. Published in PG 6772 dated 30 July 2010.


Eastern Cape Province

 

33. Publication of the Eastern Cape Parks and Tourism Agency Act 2 of 2010. Published in PG 2409 Notice Number 5 dated 30 June 2010.


34. Commencement date of the Eastern Cape Parks and Tourism Agency Act 2 of 2010 is 1 July 2010. Published in PG 2415 Notice Number 6 dated 6 July 2010.


35. Local Government: Municipal Systems Act 32 of 2000: Municipality of Great Kei: Prevention of Nuisances By-law. Published in PG 2403 Notice Number 88 dated 29 June 2010.


36. Local Government: Municipal Systems Act 32 of 2000: Municipality of Great Kei: Draft Prevention of Tampering with Electrical Installations and/or the Improper and/or Use of Such Installations By-law. Published in PG 2403 Notice Number 92 dated 29 June 2010.

 

37. Constitution of the Republic of South Africa, 1996, and the Local Government: Municipal Systems Act 32 of 2000: Amathole District Municipality: Water Supply and Sanitation Services By-law. Published in PG 2407 Notice Number 107 dated 2 July 2010.

 

Gauteng Province

 

38. National Environmental Management Act 107 of 1998: Environmental Implementation Plan (EIP): Notice in terms of section 11. Published in PG 133 Notice Number 1919 dated 5 July 2010.


39. Local Government: Municipal Systems Act 32 of 2000: Tariff of Charges: Sundry Sanitation Services. Published in PG 129 Notice Number 906 dated 9 July 2010.


40. Local Government: Municipal Systems Act 32 of 2000: Tariff of Charges: National Building Regulations and Building Standards Act, 1977. Published in PG 129 Notice Number 904 dated 9 July 2010.

 

41. Local Government: Municipal Systems Act 32 of 2000: Tariff of Charges: Cemeteries. Published in PG 129 Notice Number 902 dated 9 July 2010.


42. Local Government: Municipal Systems Act 32 of 2000: Tariff of Charges: Land Development Applications. Published in PG 129 Notice Number 899 dated 9 July 2010.

 

43. Local Government: Municipal Systems Act 32 of 2000: Amendment of Refuse Removal Tariffs. Published in PG 129 Notice Number 897 dated 9 July 2010.


44. Local Government: Municipal Systems Act 32 of 2000: Amendment of Sewer Tariffs. Published in PG 129 Notice Number 895 dated 9 July 2010.

 

45. Local Government: Municipal Systems Act 32 of 2000: Amendment of Water Supply Tariffs. Published in PG 129 Notice Number 893 dated 9 July 2010.

 

46. Local Government: Municipal Systems Act 32 of 2000: Randfontein Local Municipality: Amendment of Electricity Tariffs. Published in PG 129 Notice Number 892 dated 9 July 2010.


47. Local Government: Municipal Systems Act 32 of 2000: Merafong City Local Municipality: Adoption of Tariff of Charges for Electricity. Published in PG 143 Notice Number 983 dated 21 July 2010.


KwaZulu-Natal Province

 

48. Local Government: Municipal Systems Act 32 of 2000: Mthonjaneni Local Municipality: Building By-law. Published in PG 467 Notice Number 50 dated 2 July 2010.


49. Kwadukza Municipality: Electricity Supply By-law. Published in PG 465 Notice Number 61 dated 1 July 2010.


50. Ugu District Municipality: Tariff of Charges 2010/2011 with effect from 1 July 2010. Published in PG 465 Notice Number 60 dated 1 July 2010.


51. City of Umhlathuze: Amendment to the Environmental Health By-laws. Published in PG 465 Notice Number 57 dated 1 July 2010.

 

52. City of Umhlathuze: Amendment to the Solid Waste By-laws. Published in PG 465 Notice Number 56 dated 1 July 2010.


53. Local Government: Municipal Systems Act 32 of 2000: Newcastle Municipality: Amendment of Tariff of Charges. Published in PG 469 Notice Number 62 dated 30 June 2010.


54. Hibiscus Coast Municipality: Beaches and Launch Sites By-law. Published in PG 486 Notice Number 69 dated 22 July 2010.


55. National Environmental Management: Protected Areas Act 57 of 2003: KwaZulu-Natal Nature Conservation Board: Declaration of the Roselands Nature Reserve in terms of Section 23. Published in PG 482 Notice Number 102 dated 15 July 2010.

 

SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL


Draft Provincial Legislation and Municipal By-Laws

 

Western Cape Province

 

56. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare the Knersvlakte Nature Reserve. Published for public comment in PG 6766 Notice Number 6 dated 2 July 2010.


Eastern Cape Province

 

57. Local Government: Municipal Systems Act 32 of 2000: Municipality of Great Kei: Draft Open Spaces By-law. Published in PG 2403 Notice Number 104 dated 29 June 2010.

 

58. Local Government: Municipal Systems Act 32 of 2000: Municipality of Great Kei: Draft Parks and Recreation By-law. Published in PG 2403 Notice Number 103 dated 29 June 2010.


59. Local Government: Municipal Systems Act 32 of 2000: Municipality of Great Kei: Draft Solid Waste Disposal By-law. Published in PG 2403 Notice Number 99 dated 29 June 2010.


60. Local Government: Municipal Systems Act 32 of 2000: Municipality of Great Kei: Draft Neglected Buildings and Premises By-law. Published in PG 2403 Notice Number 97 dated 29 June 2010.


61. Local Government: Municipal Systems Act 32 of 2000: Municipality of Great Kei: Draft Fire Safety By-law. Published in PG 2403 Notice Number 96 dated 29 June 2010.


62. Local Government: Municipal Systems Act 32 of 2000: Municipality of Great Kei: Draft Cemeteries and Crematoria By-law. Published in PG 2403 Notice Number 94 dated 29 June 2010.


63. Local Government: Municipal Systems Act 32 of 2000: Municipality of Great Kei: Draft Advertising Signs By-law. Published in PG 2403 Notice Number 91 dated 29 June 2010.


64. Local Government: Municipal Systems Act 32 of 2000: Municipality of Great Kei: Draft Keeping of Dogs and Other Animals By-law. Published in PG 2403 Notice Number 87 dated 29 June 2010.


KwaZulu-Natal Province

 

65. KwaZulu-Natal Planning and Development Amendment Bill, 2010. Published for public comment in PG 466 Notice Number 60 dated 1 July 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/)




Sustainability Related Legislative Programme: Parliament of South Africa




BILLS BEFORE PARLIAMENT: (as of 1 August 2010)

 

• Before National Assembly Committees


- Land Use Management Bill (B27 of 2008)
- Prevention of Illegal Eviction from Unlawful Occupation of Land Amendment Bill (B8 - 2008)
- National Health Amendment Bill (B65 - 2008)
- Medicines and Related Substances Amendment Bill (B44 - 2008)
- Prevention of and Treatment for Substance Abuse Bill (B12 - 2008)
- Built Environment Professions Bill (B53 - 2008)
- South African National Water Resources Infrastructure Agency Limited Bill (B36 - 2008)
- Draft Taxation Laws Amendment Bills (10 & 11 of 2009)

 

Parliamentary Committee on Water & Environmental Affairs: Programme
Updated: 2010-08-02




This meeting has been cancelled: TUESDAY, 3 AUGUST 2010
Briefing by the Department of Environmental Affairs on Expenditure and Performance Trends (April, May and June 2010), Committee Room 3, Upper Ground Floor, 90 Plein Street, 09:00

 

WEDNESDAY, 4 AUGUST 2010
Briefing by the Department of Water Affairs on Expenditure and Performance Trends (April, May and June 2010), Committee Room 3, Upper Ground Floor, 90 Plein Street, 09:30

 

WEDNESDAY, 11 AUGUST 2010
Briefing by the Department of Water Affairs on Blue Scorpions and the setting up of a compliance and enforcement unit in its efforts to curb water transgressions, Committee Room GH42, Good Hope Building, 09:00

 

TUESDAY, 17 AUGUST 2010
Briefing by the Department of Environmental Affairs on progress of increasing court hours to focus on environmental transgressions and Green Scorpions; Briefing by the Department of Environmental Affairs on efforts to reduce rhino poaching, Committee Room E540, Fifth Floor, National Assembly Wing, 09:00

 

Select Committee on Land and Environmental Affairs - Briefing by Oceans and Coastal Management (OCM) on issues raised during the Oversight Visit by the Committee to Mossel Bay and Gansbaai to address the permit allocation process within the Shark Cage Diving Industry, Committee Room E340, Third Floor, National Assembly Wing, 10:00




WEDNESDAY, 18 AUGUST 2010
Deliberations and Briefing: Department of Water Affairs: Review of Legislation, its implementation and challenges and achievements thereof, Committee Room E444, Fourth Floor, National Assembly Wing, 09:00

 

TUESDAY, 24 AUGUST 2010
Review of recommendations and resolutions emanating from all minutes and reports (Oversight) of the Portfolio Committee on Water and Environmental Affairs relating to the Department of Water Affairs and its entities, Committee Room E337, Third Floor, National Assembly Wing, 09:00

 

Select Committee on Land and Environmental Affairs - Briefing by the Department of Water Affairs on the following: Water for Growth and Development Programme, Progress on the Implementation of the programme, highlighting the challenges and constraints experienced, The extent of acid mine drainage pollution within the Gauteng Province, Committee Room E340, Third Floor, National Assembly Wing, 10:00




WEDNESDAY, 25 AUGUST 2010
Review of recommendations and resolutions emanating from all minutes and reports (Oversight) of the PC on Water and Environmental Affairs relating to the Department of Environmental Affairs and its entities, Committee Room E340, Third Floor, National Assembly Wing, 09:00

 

TUESDAY, 31 AUGUST 2010
Workshop on planning for the review of annual reports of the Departments of Water and Environmental Affairs and its entities, Committee Room GH41, Good Hope Building, 09:00

 

WEDNESDAY, 1 SEPTEMBER 2010
Briefing by the Department of Environmental Affairs on the progress and implementation of the outcome of the Copenhagen Accord; Progress Report on preparations towards COP 16 and 17; Possible debate on Report of COP 15, Committee Room E539, Fifth Floor, National Assembly Wing, 09:00

 

TUESDAY, 7 SEPTEMBER 2010
Public Hearings: Inputs by various stakeholders on annual reports of the Department of Environmental Affairs and its entities, Committee Room E444, Fourth Floor, National Assembly Wing, 09:00

 

Select Committee on Land and Environmental Affairs - Briefing by Magalies Water on their Report and Financial Statements for 2008/09, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008/09, Committee Room 3, Upper Ground Floor, 90 Plein Street, 10:00

 

WEDNESDAY, 8 SEPTEMBER 2010
Public Hearings: Inputs by various stakeholders on annual reports of the Department of Water Affairs and its entities, Committee Room E337, Third Floor, National Assembly Wing, 09:00

 

TUESDAY, 14 SEPTEMBER 2010
Briefing by the Department of Environmental Affairs and its entities on their annual reports and financial statements, Good Hope Chamber, Ground Floor, Good Hope Building, 09:00

 

WEDNESDAY, 15 SEPTEMBER 2010
Briefing by the Department of Environmental Affairs and its entities on their annual reports and financial statements, GH41, Good Hope Building, 09:00

 

TUESDAY, 21 SEPTEMBER 2010
Briefing by the Department of Water Affairs and its entities on their annual reports and financial statements, Committee Room E444, Fourth Floor, National Assembly Wing, 09:30

 

Select Committee on Land and Environmental Affairs - Briefing by Mhlathuze Water on their Financial Statements for 2008/09, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2008/09, Committee Room 2, Upper Ground Floor, 90 Plein Street, 10:00

 

WEDNESDAY, 22 SEPTEMBER 2010
Briefing by the Department of Water Affairs and its entities on their annual reports and financial statements, Committee Room E444, Fourth Floor, National Assembly Wing, 09:30




Please note: All dates, times and venues are subject to change.

Source: www.pmg.org.za


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: admin@warburtons.co.za