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Published: 09 Apr 2010
Monthly Sustainability Legislation, Regulation and Parliamentary Update: March 2010

WARBURTON ATTORNEYS MONTHLY SUSTAINABILITY LEGISLATION, REGULATION AND PARLIAMENTARY UPDATE


MARCH 2010

 




SECTION A: ENVIRONMENTAL (NATIONAL)




 

Genetically Modified Organisms Act 15 of 1997





1. Amendment of the tariffs for services related to the Genetically Modified Organisms Act, which amendments took effect on 1 April 2010. Published in GG 33007 Notice Number 176 dated 12 March 2010.

 

 

2. Amendment to the regulations regarding fees payable in terms of the Act. Published in GG 33007 Notice Number 175 dated 12 March 2010.

 

 

Water Services Act 108 of 1997

 


3. Extension of service of Amatola Water Board. Published in GG 33006 Notice Number 188 dated 12 March 2010.

 


National Environmental Management Act 107 of 1998





4. Text for multilateral environmental agreements for chemicals management. Published in GG 33005 Notice Number 201 dated 8 March 2010.

 




National Environmental Management: Biodiversity Act 10 of 2004

 


5. Regulations relating to the Convention on International Trade in Endangered Species (CITES). Published in GG 33002 Notice Number 173 dated 5 March 2010.

 


National Environmental Management: Protected Areas Act 57 of 2003

 


6. Assignment of management of the Garden Route National Park to South African National Parks (SANParks). Published in GG 33006 Notice Number 179 dated 12 March 2010.

 


National Environmental Management: Air Quality Act 36 of 2004

 


7. Commencement of sections 21, 22, 36-49, 51(1)(e), 51(1)(f), 51(3), 60 and 61 of the Act. Published in GG 33041 Notice Number 220 dated 26 March 2010.

 


8. List of activities which result in atmospheric emissions which have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage. Published in GG 33064 Notice Number 248 dated 31 March 2010.

 


National Heritage Resources Act 25 of 1999

 


9. South African Heritage Resources Agency: Declaration of "Wonderwerk Cave", portion of Portion 23 of Farm Block AA 689 (in Kuruman), as a national heritage site. Published in GG 33006 Notice Number 178 dated 12 March 2010.

 


Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972





10. Regulations regarding the labeling and advertising of foodstuffs. Published in GG 32975 Notice Number 146 dated 1 March 2010.

 


Agricultural Product Standards Act 119 of 1990





11. Amendment to the regulations regarding local inspections and appeals. Published in GG 32982 Notice Number 155 dated 5 March 2010.

 


12. Amendment to the regulations regarding export inspections and appeals. Published in GG 32982 Notice Number 154 dated 5 March 2010.

 


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





13. Amendment to the regulations regarding fertilizers, farm feeds, agricultural remedies and stock remedies, sterilizing plants and pest control operators, appeals and imports. Published in GG 33042 Notice Number 216 dated 26 March 2010.

 


Electricity Regulation Act 4 of 2006





14. Notice of intention to apply for an expropriation. Published in GG 33041 Notice Number 262 dated 26 March 2010.

 


National Nuclear Regulator Act 47 of 1999





15. Application for the transshipment and possible brief-in-transit storage of low activity tantalite concentrate. Published in GG 30059 Notice Number 287 dated 1 April 2010.

 

 


SECTION B: SAFETY AND HEALTH (NATIONAL)





Medicines and Related Substances Act 101 of 1965





16. Appointment of members of the Medicines Control Council. Published in GG 33006 Notice Number 180 dated 12 March 2010.

 


17. Information to be furnished by manufacturers and importers of medicines and scheduled substances before applying for an increase to the single exit price. Published in GG 33034 Notice Number 210 dated 17 March 2010.

 


18. Annual review of the single exit price of medicines and scheduled substances for 2011. Published in GG 33034 Notice Number 209 dated 17 March 2010.

 


19. Determination of maximum increase in the single exit price of medicines and scheduled substances for 2010. Published in GG 33034 Notice Number 208 dated 17 March 2010.

 


National Nuclear Regulator Act 47 of 1999





20. Notice in terms of section 21(2) regarding a vessel with radioactive material on board wishing to enter the Republic's territorial waters/ports. Published in GG 33041 Notice Number 261 dated 26 March 2010.

 


21. Application for a nuclear vessel licence in terms of section 21(2). Published in GG 33041 Notice Number 260 dated 26 March 2010.

 




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

 


National Forests Act 84 of 1998

 


22. Invitation to submit written comments on the proposed list of particular trees and particular group of trees "Champion Trees". Published for public comment in GG 33006 Notice Number 177 dated 12 March 2010.

 


National Environmental Management: Waste Act 59 of 2008

 

 

23. Draft Integrated Industry Waste Tyre Management Plan for the South African Tyre Recycling Process (SATRP) Company relating to Waste Tyre Regulations: 2009. Published for public written comments in GG 33001 Notice Number 198 dated 5 March 2010.

 


Department of Environmental Affairs: Draft Policy on Buffer Zones for National Parks

 


24. Invitation to submit representations. Published in GG 32981 Notice Number 170 dated 5 March 2010.

 


Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972





25. Draft regulations regarding Trans Fat in Foodstuffs. Published in GG 33066 Notice Number 249 dated 30 March 2010.

 

 

 

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

 

 

North West Province





26. Nature Conservation Ordinance 12 of 1983: Bophuthatswana Nature Conservation Act, 1973 and Cape Nature and Environmental Conservation Ordinance 19 of 1974: Hunting Regulations: 2010. Published in PG 6757 Notice Number 89 dated 26 March 2010.

 

 

Eastern Cape Province




27. Constitution of the Republic of South Africa 1996: Nelson Mandela Bay Metropolitan Municipality: Waste Management By-law. Published in PG 2322 Notice Number 40 dated 24 March 2010.

 


28. Constitution of the Republic of South Africa 1996: Nelson Mandela Bay Metropolitan Municipality: Public Amenities By-law. Published in PG 2322 Notice Number 39 dated 24 March 2010.

 


29. Constitution of the Republic of South Africa 1996: Nelson Mandela Bay Metropolitan Municipality: Prevention of Nuisances and Public Nuisances arising from the Keeping of Animals By-law. Published in PG 2322 Notice Number 38 dated 24 March 2010.

 


30. Constitution of the Republic of South Africa 1996: Nelson Mandela Bay Metropolitan Municipality: Noise Control By-law. Published in PG 2322 Notice Number 37 dated 24 March 2010.

 


31. Constitution of the Republic of South Africa 1996: Nelson Mandela Bay Metropolitan Municipality: Municipal Health By-law. Published in PG 2322 Notice Number 36 dated 24 March 2010.

 


32. Constitution of the Republic of South Africa 1996: Nelson Mandela Bay Metropolitan Municipality: Cemeteries and Crematoria By-law. Published in PG 2322 Notice Number 34 dated 24 March 2010.

 


33. Constitution of the Republic of South Africa 1996: Nelson Mandela Bay Metropolitan Municipality: Air Pollution Control By-law. Published in PG 2322 Notice Number 33 dated 24 March 2010.

 


Limpopo Province





34. Disaster Management Act 2002: Disaster Risk Management Policy Framework. Published in PG 1738 Notice Number 76 dated 19 March 2010.

 


35. Local Government: Municipal Systems Act 32 of 2000: Mogalakwena Municipality: Electricity By-laws. Published in PG 1736 Notice Number 32 dated 12 March 2010.

 


Mpumalanga Province

 


36. Disaster Management Act 2002: Disaster Risk Management Policy Framework. Published in PG 1776 Notice Number 63 dated 19 March 2010.

 


Gauteng Province





37. Gauteng Transport Infrastructure Act 8 of 2001: Implementation of the Preliminary Design for the Gautrain Rapid Rail Link: Section between Rhodesfield and the OR Tambo International Airport. Published in PG 42 Notice Number 851 dated 19 March 2010.

 


38. Gauteng Transport Infrastructure Act 8 of 2001: Proclamation of portions 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 42 Notice Number 850 dated 19 March 2010.

 


Northern Cape Province




 

39. John Taolo Gaetsewe District Municipality: Repeal of Building Control By-law, 2008. Published in PG 1386 Notice Number 11 dated 15 March 2010.

 


KwaZulu-Natal Province

 


40. Constitution of the Republic of South Africa 1996: Umlalazi Municipality: Health By-laws. Published in PG 389 Notice Number 20 dated 11 March 2010.

 


41. Constitution of the Republic of South Africa 1996: Umlalazi Municipality: Electrical By-laws. Published in PG 389 Notice Number 18 dated 11 March 2010.

 


42. Constitution of the Republic of South Africa 1996: Umlalazi Municipality: Beaches By-laws. Published in PG 389 Notice Number 16 dated 11 March 2010.

 


43. Constitution of the Republic of South Africa 1996: Umlalazi Municipality: Stormwater By-laws. Published in PG 389 Notice Number 13 dated 11 March 2010.

 


44. Constitution of the Republic of South Africa 1996: Umlalazi Municipality: Refuse By-laws. Published in PG 389 Notice Number 11 dated 11 March 2010.

 


45. Constitution of the Republic of South Africa 1996: Umlalazi Municipality: Keeping of Animals By-laws. Published in PG 389 Notice Number 7 dated 11 March 2010.

 

 

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

 


Eastern Cape Province

 

 

46. Local Government: Municipal Systems Act 32 of 2000: Sundays River Valley Municipality: Draft Water and Sanitation By-laws. Published for public comment in PG 2292 Notice Number 27 dated 4 March 2010.

 


Northern Cape Province





47. Northern Cape Nature Conservation Act 9 of 2009: Publication for comment: Draft Nature Conservation Regulations: Extension of period for public comments. Published in PG 1387 Notice Number 14 dated 18 March 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 April 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)

 

- Cross Boundary Municipalities Law Repeal Bill (B3 of 2009)

 


- Criminal Law (Forensic Procedures) Amendment Bill (B2 of 2009)

 

- South African Post Bank Bill (B14 of 2009)

 


- South African Post Office Bill (B2 of 2010)

 


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