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Monthly sustainability legislation, regulation and parliamentary update – August 2015

Monthly sustainability legislation, regulation and parliamentary update – August 2015

2nd September 2015

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SECTION A:  ENVIRONMENTAL (NATIONAL)

Water Research Act 34 of 1971

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1. Water Research Fund: rates and charges. Published in GG 39099 Notice Number 719 dated 14 August 2015.

Electricity Regulation Act 4 of 2006

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2. Cogeneration IPP Procurement Programme and amendment to the Medium Term Risk Mitigation Project IPP Procurement Programme 2012. Published in GG 39111 Notice Number 731 dated 18 August 2015.

3. Gas IPP Procurement Programme and amendment to the Medium Term Risk Mitigation Project IPP Procurement Programme 2012. Published in GG 39111 Notice Number 732 dated 18 August 2015.

4. Renewable Energy IPP Procurement Programme 2015 determination. Published in GG 39111 Notice Number 733 dated 18 August 2015.

Petroleum Pipelines Act 60 of 2003

5. Amendment to the regulations. Published in GG 39142 Notice Number 765 dated 28 August 2015.

Promotion of Access to Information Act 2 of 2000

6. Manual: Department of Environmental Affairs. Published in GG 39085 dated 13 August 2015.

7. Manual: Department of Economic Development. Published in GG 39093 dated 14 August 2015.

8. Manual: Department of Planning, Monitoring and Evaluation. Published in GG 39089 dated 14 August 2015.

9. Manual: Department of Justice and Constitutional Development. Published in GG 39081 dated 11 August 2015.

10. Manual: Department of Human Settlements. Published in GG 39062 dated 7 August 2015.

National Land Transport Act

11. National Land Transport Strategic Framework. Published in GG 39092 Notice Number 823 dated 13 August 2015.

Civil Aviation Act 13 of 2009$

12. Ninth Amendment of the Civil Aviation Regulations. Published in GG 39151 Notice Number 783 dated 1 September 2015.

Standards Act 8 of 2008

13. Issue of new SANS Standards. Published in GG 39099 Notice Number 833 dated 14 August 2015.

Consumer Price Index

14. Consumer Price Index for July 2015. Published in GG 39143 Notice Number 873 dated 28 August 2015.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Occupational Health and Safety Act 85 of 1993

15. Notice of Directive: All employers in Class XXI are directed to prepare a written policy concerning the protection of the health and safety of employees at work. Published in GG 39099 Notice Number 717 dated 14 August 2015.

16. Notice to include SANSA accreditation as a requirement for approval. Published in GG 39128 Notice Number 758 dated 21 August 2015. 

17. Guidelines for Lift, Escalator and Passenger Conveyor Regulations, 2009. Published in GG 39132 Notice Number 763 dated 28 August 2015.

National Regulator for Compulsory Specifications Act 5 of 2008

18. Correction notice to the Compulsory Specification for Energy Efficiency and Labelling of Electrical and Electronic Apparatus. Published in GG 39091 Notice Number 710 dated 13 August 2015.

National Road Traffic Act 93 of 1996

19. Approval of Dangerous Goods Training Bodies. Published in GG 39059 Notice Number 676 dated 6 August 2015.

The Allied Health Professionals Council of South Africa

20. Concept of Homeopathic “Vaccines” within the philosophy of homeopathy. Published in GG 39074 Notice Number 145 dated 7 August 2015.

21. Policy: Criteria for registration of persons with qualifications obtained outside the Republic of South Africa: Osteopathy. Published in GG 39074 Notice Number 146 dated 7 August 2015.

22. Policy: Criteria for registration of persons with qualifications obtained outside the Republic of South Africa: Chinese Medicine and Acupuncture. Published in GG 39074 Notice Number 147 dated 7 August 2015.

23. Policy: Criteria for registration of persons with qualifications obtained outside the Republic of South Africa: Chiropractic. Published in GG 39074 Notice Number 148 dated 7 August 2015.

24. Policy: Criteria for registration of persons with qualifications obtained outside the Republic of South Africa: Therapeutic Aromatherapy, Massage and Reflexology. Published in GG 39074 Notice Number 149 dated 7 August 2015.

25. Policy: Criteria for registration of persons with qualifications obtained outside the Republic of South Africa: Homeopathy, Naturopathy and Phytotherapy. Published in GG 39074 Notice Number 150 dated 7 August 2015.

Medicines and Related Substances Act 101 of 1965

26. Declaration of undesirable medicines. Published in GG 39114 Notice Number 734 dated 19 August 2015.

27. Declaration of undesirable medicines. Published in GG 39114 Notice Number 735 dated 19 August 2015.

28. Declaration of undesirable medicines. Published in GG 39121 Notice Number 739 dated 20 August 2015.

Employment Services Act 4 of 2014

29. Commencement date of the Act, with the exception of section 13, is 9 August 2015. Published in GG 39079 Notice Number 33 dated 7 August 2015. 

Agricultural Product Standards Act 119 of 1990

30. Amendment to the Standards and Requirements regarding the Export of Dairy Products. Published in GG 39099 Notice Number 713 dated 14 August 2015.

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

Marine Living Resources Act 18 of 1998

31. Extension of comment period from 13 July 2015 until 17 August 2015 on the draft sector specific policies for the allocation of fishing rights. Published in GG 39057 Notice Number 674 dated 5 August 2015. 

World Heritage Convention Act 49 of 1999

32. Notice of intention to declare a Management Authority for the Fossil Hominid Sites of Sterkfontein, Swartkrans, Kromdraai and Environs World Heritage Site (Cradle of Humankind). Members of the public are invited to submit written comments within 30 days of publication of this notice in the Gazette. Published in GG 39141 Notice Number 869 dated 28 August 2015. 

National Road Traffic Act 93 of 1996

33. Correction notice in terms of the proposed amendments to the National Road Traffic Regulations published for public comment in GG 38997 of 17 July 2015. Published in GG 39129 Notice Number 759 dated 27 August 2015.

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

29. Draft regulations and notices ((Draft regulations on exemptions from and rebates on the payment of Tolls; draft E-Road Regulations; Gauteng Freeway Improvement Project, Toll Roads: draft publication of the tolls for the different categories of road users and classes of motor vehicles and the rebates thereon and increases and reductions thereof; and Gauteng Freeway Improvement Project, Toll Roads: draft Rebate on the payment of toll). Interested persons are invited to submit written comments within 30 days from the date of publication of this notice.

Civil Aviation Act 13 of 2009

34. Intention to amend the Civil Aviation Regulations 2011. Interested persons are invited to submit written comments on or before 14 September 2015. Published in GG 39086 Notice Number 706 dated 14 August 2015.

Merchant Shipping Act 57 of 1951

35. Draft Merchant Shipping (Radio Installation) Amendment Regulations, 2015. Interested persons are requested to submit written comments within 30 days of publication thereof. Published in GG 39149 Notice Number 875 dated 31 August 2015.

Agricultural Product Standards Amendment Bill 2015

36. Comments must be submitted in writing within 30 days from the date of publication of this notice. Published in GG 39099 Notice Number 712 and Notice Number 826 dated 14 August 2015.

Agricultural Product Standards Act 119 of 1990

37. Proposed regulations regarding the control of the export of nuts. Interested persons are requested to submit written comments within 4 weeks from the date of publication. Published in GG 39074 Notice Number 694 dated 7 August 2015.

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

North-West Province

38. Ramotshere Moiloa Local Municipality: Electricity Supply By-law. Published in PG 7510 Notice Number 100 dated 3 August 2015.

39. Ramotshere Moiloa Local Municipality: Water Services By-law. Published in PG 7510 Notice Number 101 dated 3 August 2015.

40. Ramotshere Moiloa Local Municipality: By-law relating to Accommodation Establishments. Published in PG 7511 Notice Number 102 dated 3 August 2015.

41. Ramotshere Moiloa Local Municipality: By-laws supplementary to the Act and Regulations promulgated thereunder. Published in PG 7511 Notice Number 103 dated 3 August 2015.

42. Ramotshere Moiloa Local Municipality: Cemeteries, Crematoria and Funeral Parlours By-law. Published in PG 7511 Notice Number 104 dated 3 August 2015.

43. Ramotshere Moiloa Local Municipality: By-law relating to Derelict and Unsightly Buildings. Published in PG 7511 Notice Number 105 dated 3 August 2015.

44. Ramotshere Moiloa Local Municipality: By-law relating to the Disposal of Contaminated or Infectious Waste. Published in PG 7511 Notice Number 106 dated 3 August 2015.

45. Ramotshere Moiloa Local Municipality: By-law relating to the Keeping of Animals. Published in PG 7511 Notice Number 107 dated 3 August 2015.

46. Ramotshere Moiloa Local Municipality: By-law relating to the Keeping of Dogs. Published in PG 7511 Notice Number 108 dated 3 August 2015.

47. Ramotshere Moiloa Local Municipality: By-law relating to Childcare Services. Published in PG 7511 Notice Number 109 dated 3 August 2015.

48. Ramotshere Moiloa Local Municipality: By-law relating to Parking Meters. Published in PG 7511 Notice Number 110 dated 3 August 2015.

49. Ramotshere Moiloa Local Municipality: By-law relating to the Public Amenities. Published in PG 7511 Notice Number 111 dated 3 August 2015.

Eastern Cape Province

50. Nyandeni Local Municipality: Undeveloped Sites By-law. Published in PG 3469 Notice Number 156 dated 7 August 2015.

51. Disaster Management Policy Framework for the Joe Gqabi District Municipality. Published in PG 3477 Notice Number 76 dated 21 August 2015.

52. Joe Gqabi District Municipality: Water and Sanitation Services By-law. Published in PG 3488 Notice Number 102 dated 31 August 2015.

KwaZulu-Natal Province

53. KwaDukuza Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1467 Notice Number 149 dated 13 August 2015.

54. Ugu Community Fire Safety By-law. Published in PG 1474 Notice Number 155 dated 21 August 2015.

55. Kwa-Zulu Natal Consumer Protection Act 4 of 3013: Consumer Protection Regulations 2014. Published in PG 1483 Notice Number 123 dated 28 August 2015.

Western Cape Province

56. Western Cape Nature Conservation Board: Declaration of the Wagenboom Nature Reserve. Published in PG 7466 Notice Number 270 dated 14 August 2015.

57. Western Cape Nature Conservation Board: Declaration of the Craigantlet Nature Reserve. Published in PG 7466 Notice Number 271 dated 14 August 2015.

58. Western Cape Nature Conservation Board: Declaration of the Vleikraal Nature Reserve. Published in PG 7476 Notice Number 290 dated 28 August 2015.

59. City of Cape Town: Amendment to the Community Fire Safety By-law 2015. Published in PG 7471 dated 21 August 2015.

60. City of Cape Town: Amendment to the Treated Effluent By-law 2015. Published in PG 7478 Notice Number 299 dated 28 August 2015.

61. Bitou Municipality: Land Use Planning By-law. Published in PG 7467 Notice Number 273 dated 12 August 2015.

62. Bitou Municipality: Amendment to the Solid Waste Disposal By-law. Published in PG 7471 dated 21 August 2015.

63. Saldanha Bay Municipality: By-law on Municipal Land Use Planning. Published in PG 7468 Notice Number 274 dated 13 August 2015.

64. Witzenberg Municipality: Land Use Planning By-law. Published in PG 7474 Notice Number 289 dated 21 August 2015.

65. Hessequa Municipality: Land Use Planning By-law. Published in PG 7472 Notice Number 287 dated 21 August 2015.

66. Mossel Bay Municipality: Land Use Planning By-law. Published in PG 7473 Notice Number 288 dated 21 August 2015.

67. George Municipality: Commencement date of the Western Cape Land Use Planning Act 3 of 2014 is 1 September 2015. Published in PG 7481 Notice Number 13 dated 1 September 2015.

Free-State Province

68. Spatial Planning and Land Use Management Act 16 of 2013: list of e-lodgement addresses for local municipalities in the Free-State Province. Published in PG 82 dated 28 August 2015.

69. Spatial Planning and Land Use Management Act 16 of 2013: Mohakare Local Municipality: Amendments to the Municipal Land Use Planning By-law. Published in PG 82 dated 28 August 2015.

70. Spatial Planning and Land Use Management Act 16 of 2013: Dihlabeng Local Municipality: corrections to the Municipal Land Use Planning By-law. Published in PG 82 dated 28 August 2015.

71. Spatial Planning and Land Use Management Act 16 of 2013: Mantsopa Local Municipality: Municipal Land Use Planning By-law. Published in PG 82 dated 28 August 2015.

72. Spatial Planning and Land Use Management Act 16 of 2013: Metsimaholo Local Municipality: Municipal Land Use Planning By-law. Published in PG 82 dated 28 August 2015.

73. Spatial Planning and Land Use Management Act 16 of 2013: Letsemeng Local Municipality: Municipal Land Use Planning By-law. Published in PG 82 dated 28 August 2015.

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

Northern Cape Province

74. Tsantsabane Municipality: Draft Spatial Planning and Land Use Management By-law. Interested and affected parties are invited to submit comments within 30 working days from the date of this notice. Published in PG 1944 Notice Number 120 dated 3 August 2015.

75. Tsantsabane Municipality: Draft Land Use Management System. Any member of the public may submit written comments on or before 24 August 2015. Published in PG 1944 Notice Number 121 dated 3 August 2015.

76. Umsobomvu Municipality: Draft Spatial Planning and Land Use Management By-law. Members of the public are invited to submit written comments by no later than 1 September 2015. Published in PG 1946 Notice Number 124 dated 10 August 2015.

North-West Province

77. Ratlou Municipality: Draft Spatial Planning and Land Use Management By-law. Objections or representations must be made in writing on or before 31 July 2015. Published in PG 7512 Notice Number 117 dated 4 August 2015.

Gauteng Province

78. Proposed amendments to the City of Johannesburg Outdoor Advertising By-law. Any comments may be submitted in writing within 30 days from the date of publication of this notice. Published in PG 361 Notice Number 1369 dated 19 August 2015. 

79. Proposed amendments to the City of Johannesburg Outdoor Advertising By-law. Any comments may be submitted in writing within 30 days from the date of publication of this notice. Published in PG 361 Notice Number 1370 dated 19 August 2015. 

Western Cape Province

80. Western Cape Nature Conservation Board: Intention to declare the Elandsberg and Buffalo Valley Nature Reserves. Members of the public are invited to submit written comments within 60 days from the date of this notice. Published in PG 7466 Notice Number 272 dated 14 August 2015.

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 1 September 2015):

1. Plant Improvement Bill (B8 of 2015)
2. Disaster Management Amendment Bill (B10 – 2015)
3. Plant Breeders Rights Bill (B11 of 2015)
4. Merchant Shipping Amendment Bill (B12 of 2015)
5. Medicines and Related Substances Amendment Bill (B6 of 2014)
6. 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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