Warburton Attorneys monthly sustainability legislation, regulation and parliamentary update – August 2017

7th September 2017

Warburton Attorneys monthly sustainability legislation, regulation and parliamentary update – August 2017

SECTION A:  ENVIRONMENTAL (NATIONAL)

Statistics South Africa

1. Consumer Price Index (CPI) for June 2017. Published in GG 41024 Notice Number 571 dated 4 August 2017.

South African National Roads Agency Limited and National Roads Act 7 of 1998

2. Amendment to the exemption from the payment of tolls – certain public transport services. Published in GG 41085 Notice Number 954 dated 1 September 2017.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Mine Health and Safety Act 29 of 1996

3. Amendment to the Chapter 21 of the Regulations (Forms). Published in GG 41065 Notice Number 893 dated 25 August 2017.

4. Amendment to the Chapter 8 of the Regulations (Machinery and Equipment). Published in GG 41065 Notice Number 894 dated 25 August 2017.

5. Notice of intention to repeal Chapter 21 of the Regulations (GN R992 – Regulations in terms of section 63 of the Minerals Act 50 of 1991) when the new Electricity Regulations are published. Note – Chapter 21 of the Regulations were previously repealed by GN R331 of 24 April 2015. Published in GG 41065 Notice Number 895 dated 25 August 2017.

6. Amendment to Chapter 8 of the Regulations (Lifts and Chairlifts). Published in GG 41065 Notice Number 896 dated 25 August 2017. (Note the schedule was not published in the gazette).

7. Repeal of definitions in terms of GN R992 – Regulations in terms of section 63 of the Minerals Act 50 of 1991. Published in GG 41065 Notice Number 897 and 898 dated 25 August 2017.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

8. Increase of maximum earnings on which the assessment of an employer shall be calculated. Published in GG 41024 Notice Number 814 dated 4 August 2017. 

9. Increase in monthly pensions. Published in GG 41024 Notice Number 815 dated 4 August 2017. 

10. Amendment of Schedule 4: increase in salary ceiling and compensation benefits. Published in GG 41024 Notice Number 816 dated 4 August 2017. 

Occupational Health and Safety Act 88 of 1993

11. Amended notice of direction read in terms of the General Safety Regulations. Published in GG 41037 Notice Number 827 dated 11 August 2017.

12. Inclusion of noise monitoring in regulation 7 of the Noise Induced Hearing Loss Regulations. Published in GG 41065 Notice Number 889 dated 25 August 2017.

National Regulator for Compulsory Specifications Act 5 of 2008

13. Amendment to the compulsory specification for safety of electrical cable with extruded solid dielectric insulation for fixed installations. Published in GG 41047 Notice Number 845 dated 18 August 2017.

National Land Transport Act 5 of 2009

14. Regulations on colour coding and branding for minibuses and midibuses used for Minibus Taxi-Type services. Published in GG 41046 Notice Number 26 dated 18 August 2017.

Standards Act 8 of 2008

15. Memorandum of Understanding between the South African Bureau of Standards and the Competition Commission. Published in GG 41064 Notice Number 858 dated 25 August 2017.

Medicines and Related Substances Act 101 of 1965

16. General Regulations. Published in GG 41064 Notice Number 859 dated 25 August 2017.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL
http://www.parliament.gov.za/live/index.php

National Environmental Management: Waste Act 59 of 2008

17. Proposed Waste Tyre Regulations. Members of the public are invited to submit written comments within 30 days of publication of this notice. Published in GG 41049 Notice Number 847 dated 17 August 2017.

National Forest Act 84 of 1998

18. Intention to declare a portion of the Farm Kathu 465 as a Forest Nature Reserve. Interested and affected parties are invited to submit written comments within 60 days of publication. Published in GG 41047Notice Number 594 dated 18 August 2017.

National Environmental Management Act 107 of 1998

19. Notice of intention to appoint the Environmental Practitioners Association of South Africa as the single registration authority. Members of the public are invited to submit written comments within 30 days of the publication of this notice. Published in GG 41084 Notice Number 953 dated 1 September 2017.

National Nuclear Regulator Act 47 of 1999

20. Draft categorisations and determinations for nuclear installations. Interested persons and organisations are invited to submit written comments within 60 days. Published in GG 41023 Notice Number 773 dated 4 August 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 4 September 2017. Published in GG 41023 Notice Number 775 dated 4 August 2017.

Department of Transport

22. Draft Green Transport Strategy (2017 – 2050). Published in GG 41064 Notice Number 886 dated 25 August 2017.

23. Draft Transport Appeal Tribunal Amendment Bill 2017.  Interested persons are invited to submit written comments within 30 days from the date of publication. Published in GG 41082 Notice Number 947 dated 1 September 2017.

Broad-Based Black Economic Empowerment Act 46 of 2013

24. Draft Defence Sector Codes of Good Practice on Broad-Based Black Economic Empowerment. Interested parties are invited to submit written comments within 60 days from the date of this publication. Published in GG 41024 Notice Number 812 dated 4 August 2017. 

Pharmacy Act 53 of 1974

25. Proposed Competency Standards for Pharmacists in South Africa. Interested parties are invited to submit written comments within 60 days of publication of this notice. Published in GG 41043 Notice Number 590 dated 16 August 2017.

26. Proposed additional standards in terms of the Rules relating to Good Pharmacy Practice. Interested parties are invited to submit written comments within 60 days of publication of this notice. Published in GG 41043 Notice Number 591 dated 16 August 2017.

Health Professions Act 56 of 1974

27. Draft regulations relating to the conduct of inquiries into alleged unprofessional conduct. Interested persons are invited to submit written comments within 3 months of the date of publication of this notice. Published in GG 41064 Notice Number 861 dated 25 August 2017.

National Health Act 61 of 2003

28. Draft regulations regarding rendering of forensic pathology service. Interested persons are invited to submit written comments within 3 months of this notice. Published in GG 41082 Notice Number 916 dated 1 September 2017.

Standards Act 8 of 2008

29. Draft new SANS Standards, proposed amendments to existing SANS Standards and intention to withdraw SANS Standards issued for public comment. Published in GG 41064 Notice Number 634 dated 25 August 2017.

Agricultural Product Standards Amendment Bill 2015

30. Notice to introduce the Bill into Parliament and publishing the explanatory summary. Published in GG 41052 Notice Number 848 dated 18 August 2017.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL

Eastern Cape Province

33. Mnquma Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3891 Notice Number 157 dated 7 August 2017.

34. Disaster Management Act 57 of 2002: Declaration of a local state of disaster: Sarah Baartman District Municipality. Published in PG 3893 Notice Number 118 dated 11 August 2017.

35. Disaster Management Act 57 of 2002: Declaration of a local state of disaster: Nelson Mandela Bay Metropolitan Municipality. Published in PG 3895 Notice Number 19 dated 14 August 2017.

36. Disaster Management Act 57 of 2002: Extension of the declared local state of disaster: Joe Gqabi District Municipality. Published in PG 3896 Notice Number 160 dated 18 August 2017.

Gauteng Province

37. National Environmental Management: Waste Act 59 of 2008: List of persons authorised in terms of the Gauteng Waste Information Regulations 2004 (January 2015 – December 2015). Published in PG 192 Notice Number 671 dated 2 August 2017.

38. National Environmental Management: Waste Act 59 of 2008: List of persons authorised in terms of the Gauteng Waste Information Regulations 2004 (January 2016 – December 2016). Published in PG 192 Notice Number 672 dated 2 August 2017.

Western Cape Province

39. Stellenbosch Municipality: Water Services By-law. Published in PG 7907 dated 11 August 2017.

40. Disaster Management Act 57 of 2002: Extension of declaration of provincial state of disaster. Published in PG 7811 Notice Number 157 dated 21 August 2017.

41. Disaster Management Act 57 of 2002: issuance of directions under section 41(2) of the Act. Published in PG 7811 Notice Number 158 dated 21 August 2017.

42. Laingsburg Municipality: Noise and nuisance by-law. Published in PG 7813 dated 25 August 2017.

Limpopo Province

43. Greater Giyanu Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2846 Notice Number 83 dated 18 August 2017.

44. Greater Tzaneen Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2847 Notice Number 110 dated 25 August 2017.

45. Musina Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2847 Notice Number 84 dated 25 August 2017.

46. The Blouberg Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2847 Notice Number 85 dated 25 August 2017.

KwaZulu-Natal Province

47. eThekwini Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1871 Notice Number 114 dated 31 August 2017.

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

Gauteng Province

48. Draft by-law and draft service delivery agreement (SLA) for the establishment of the Ekurhuleni Development Agency. Written comments must be submitted by no later than 4 September. Published in PG 194 Notice Number 1115 dated 2 August 2017.

49. City of Ekurhuleni Special Rating Area Draft By-law and Policy. Written comments must be submitted by no later than 4 September. Published in PG 192 Notice Number 1062 dated 2 August 2017.

Northern Cape Province

50. Revision of the Spatial Development Framework for the Khai-Ma Municipality. Published in PG 2119 Notice Number 25 dated 7 August 2017.

Free-State Province

51. Moqhaka Local Municipality: Draft Fire and Emergency By-law and Draft Water Services Amendment By-law. Members of the community are invited to submit written comments until 8 September 2017. Published in PG 54 Notice Number 112 dated 11 August 2017.

Limpopo Province

52. National Environmental Management: Protected Areas Act 57 of 2003: Notice of intention to declare respective land parcels as nature reserves. Members of the public are invited to submit written comments within 60 days from the date of publishing this notice. Published in PG 2844 Notice Number 80 dated 11 August 2017.

53. Thulamela Local Municipality: intention to compile its Municipal Spatial Development Framework. Interested and affected parties are invited to register with the municipality. Closing date for registration is 21 days after the publication of this notice. Published in PG 2846 Notice Number 103 dated 18 August 2017.

North-West Municipality

54. North West Biodiversity Management Amendment Bill 2017. All interested parties are invited to submit written comments by no later than 15 days after the publication. Published in PG 7801 Notice Number 171 dated 25 August 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 September 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