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Monthly sustainability legislation, regulation and parliamentary update: January 2013

22nd March 2013

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management: Biodiversity Act (10/2004):

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1. Biodiversity Management Plan for the Black Rhinoceros in South Africa 2011-2020. Published in GG 36096  Notice Number 49 on 25/01/2013.

Petroleum Products Act (120/1977)

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2. Regulations in respect of the single maximum national retail price for illuminating paraffin. Published in GG 36057 Notice Number 7 on 01/01/2013.

3. Amendment of the regulations in respect of petroleum products. Published in GG 36057 Notice Number 8 on 01/01/2013.

4. Maximum retail price for liquefied petroleum gas. Published in GG 36057 Notice Number 9 on 01/01/2013.

Electricity Regulation Act (4/2006)

5. Independent Power Producer Procurement Programme 2012. Published in GG 36005 Notice Number 1074 on 19/12/2012.

6. Baseload Independent Power Producer Programme 2012. Published in GG 36005 Notice Number 1075 on 19/12/2012.

7. Medium term Risk Mitigation Project IPP Procurement Programme 2012. Published in GG 36005 Notice Number 1076 on 19/12/2012.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Marketing of Agricultural Products Act (47/1996)

8. Establishment of statutory measure and determination of guideline prices: Levy on fresh citrus fruit intended for export. Published in GG 36050 Notice Number 1 on 04/01/2013.

9. Establishment of statutory measure: Records and returns by exporters and producers of fresh citrus fruit. Published in GG 36050 Notice Number 2 on 04/01/2013.

10. Establishment of statutory measure: Registration of certain persons in respect of fresh citrus fruit intended for export. Published in GG 36050 Notice Number 3 on 04/01/2013.

11. Invitation to register as a directly affected group. Published in GG 36082 Notice Number 26 on 25/01/2013.

National Railway Safety Regulator Act (16/2002)

12. Railway Safety Standards Development Amendment Regulations. Published in GG 36066 Notice Number 21 on 18/01/2013.

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

Draft Climate Change Sector Plan for Agriculture, Forestry and Fisheries

13. For public comments. Published in GG 36063 Notice Number 7 on 01/09/2013.

Meat Safety Act (40/2000)

14. Proposal for a meat inspection service in South Africa for public comments. Published in GG 36050 Notice Number 4 on 04/01/2013.

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

Free State

Nature Conservation Ordinance (8/1969)

15. Hunting Season: 2013. Published in PG 63 Notice Number 37 on 07/12/12

Western Cape

Disaster Management Act (57/2002)

16. Classification of a Provincial Disaster: Bitou Municipality; Langeberg Municipality; Cape Winelands Municipality; Eden District Municipality; Overberg Municipality. Published in PG 7064 Notice number 359 of 30/11/ 2012.

Draft Western Cape Land Use Planning Bill (5/2013)

17. Draft for comment. Published in PG 7080 Notice Number 5 in 18/01/2013.

Western Cape Nature Conservation Board

18.  Hunting seasons, daily bag limits and hunting by the use of prohibited methods. Published in PG 7081 Notice Number 7 on 18/01/2013.

19. Declaration of the Vogelfontein 319 Nature Reserve. Published in PG 7081 Notice Number 8 on 18/01/2013.

National Heritage Resources Act (25/1999)

20. Declaration of Heritage Resources as Provincial Heritage Sites. Published PG 7075 LAN 50305 on 14/12/12

Nature Conservation Ordinance (19/1974)

21. Hunting Seasons: Daily bag limits and hunting by the use of prohibited hunting methods. Published in PG 7058 Notice Number 383 on 14/12/12.

National Health Act (61/2003)

22. Division of health districts into Sub-districts. Published PG 7063 Notice Number 349 on 12/12/12.

Saldanha Bay Municipality

23. Advertising and Signage By-Law. Published in PG 7077 Notice Number 386 on 24/12/12.

24. Air Pollution Control By-Law. Published in PG 7077 Notice Number 387 on 24/12/12.

25. Cemeteries and Crematoria By-Law. Published in PG 7077 Notice Number 388 on 24/12/12.

26. Electricity By-Law. Published in PG 7077 Notice Number 390 on 24/12/12.

27. Fences and Walls By-Law. Published in PG 7077 Notice Number 392 on 24/12/12.

28. Fire Safety By-Law. Published in PG 37077 Notice Number 393 on 24/12/12.

29. Impoundment of Animals By-Law. Published in PG 7077 Notice Number 394 on 24/12/12.

30. By-Law Relating to Prevention of Public Nuisances and Public Nuisances Arising from the Keeping of Animals. Published in PG 7077 Notice Number 398 on 24/12/12.

31. Property Rates By-Law. Published in PG 7077 Notice Number 7063 on 24/12/12.

32. By-Law Relating to Roads and Streets. Published in PG 7077 Notice Number 400 on 24/12/12.

33. Rules of Order Regulating the Conduct of Meetings of the Municipality of Saldanha Bay. Published in PG 7077 Notice Number 7063 on 24/12/12.

34. Solid Waste Disposal By-Law. Published in PG 7077 Notice Number 402 on 24/12/12.

35. Storm Water Management By-Laws. Published in PG 7077 Notice Number 404 on 24/12/12.

36. By-Law Relating to Water and Sanitation Services. Published in PG 7077 Notice Number 406 on 24/12/12.

Mpumalanga

Mpumalanga Nature Conservation Act (10/1998)

37.  Open Season: Ordinary Game. Published in PG 2120 Notice Number 2 on 21/12/12. 

Local Government: Municipal Systems Act (32/2000)

38. Steve Tshwete Local Municipality: Nuisance By-laws. Published in PG 2125 Notice Number 3 of 18/01/13.

39. Steve Tshwete Local Municipality: Electricity By-laws. Published in PG 2131 Notice Number 9 in  30/02/13

North West

Local Government Municipal Structures Act (32 of 2000)

40. Ngaka Modiri Molema District Municipality: Contaminated  Land and / or infectious waste By-law. Published in 7060 Notice Number 345 on 10/12/2012

41. Ngaka Modiri Molema District Municipality: Community Fire Services By-law. Published in PG 7060 Notice N umber  345 on 10/12/2012

42. Ngaka Modiri Molema District Municipality: Cemetery By-law. Published in PG 7060 Notice Number 345  on 10/12/2012

43. Ngaka Modiri Molema District Municipality: Water, Sanitation and Industrial effluent By-law. Published in PG 7060 Notice Number 345 on 10/12/2012

44. Ngaka Modiri Molema District Municipality: Municipal health By-law, 2012. Published in PG 7060 Notice Number 345  on 10/12/2012

45. Ngaka Modiri Molema District Municipality: Refuse Removal and Disposal By-law. Published in PG 7060 Notice Number 345 on 10/12/2012

46. Ngaka Modiri Molema District Municipality: Nuisance By-law. Published in PG 7060 Notice Number 345 on 10/12/2012

Local Government Municipal Systems Act, 2000

47. City of Matlosana: Amendment of Solid Waste and Sanitation By-law. Published in PG 7075 Notice Number 1 on 18/01/13.

SECTION E: SAFETY, HEALTH & ENVIRONMENTAL
(Draft Provincial Legislation & By-laws)

Gauteng

48. National Heritage Resources Act (25/1999): Heritage impact assessment. PG 2 Notice Number 2 of 02/01/2013.

North West

Local Government Municipal Systems Act, 2000

49. Ratlou Local Municipality: Building Regulation By-law. Published in PG7077 Notice Number 11  on 17/01/2013

50. Ratlou Local Municipality: Advertising Signs and Hoarding By-law. Published in PG7077 Notice Number 11  on 17/01/2013

51. Ratlou Local Municipality: Water and Sanitation By-law. Published in PG7077 Notice Number 11  on 17/01/2013

52. Ratlou Local Municipality: Environmental Health By-law. Published in PG7077 Notice Number 11  on 17/01/2013

53. Ratlou Local Municipality: Cemeteries and Crematorium By-law. Published in PG7077 Notice Number 11  on 17/01/2013

54. Ratlou Local Municipality: Refuse/Waste Management By-law. Published in PG7077 Notice Number 11  on 17/01/2013

Kwa-Zulu Natal

Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003):

55. Intention to declare the Blue Crane Nature Reserve. Published in PG 883 Notice Number 3 on 17/01/2013

56. Intention to declare the Pongola Bush Protected Environment. Published in PG 883  Notice Number 4 on 17/01/2013

57. Intention to declare the Ncandu Private Forest and Grassland Reserve. Published in PG 883  Notice Number 5 on 17/01/2013

Northern Cape

Mineral and Petroleum Resources Development Act 28 of 2002

58. Notice regarding consultation with interested and affected persons: Application for an exploration right for petroleum accepted on 12th December 2012 - comments - within 30 days from date of publication. Published in PG 1663 Notice Number 4 of 28/01/ 2013

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 3 February 2013)

• Before National Assembly Committees

➢ Tourism Bill
➢ Banks Amendment Bill (B 43 -2012) 
➢ Fertilizers and Feeds Bill (B 41 -2012)  
➢ Broad-Based Black Economic Empowerment Amendment Bill (B 42 -2012) 
➢ Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill (B 40 -2012) 
➢ Mental Health Care Amendment Bill
➢ Employment Services Bill   
➢ Dangerous Weapons Bill  
➢ Commission on Gender Equality Amendment Bill   

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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