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Monthly sustainability legislation, regulation and parliamentary update – July 2015

Monthly sustainability legislation, regulation and parliamentary update – July 2015

6th August 2015

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Water Act 3 of 1998

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1. Pongola-Mzimkhulu Water Management Area - limiting the use of water for Irrigation, domestic and urban purposes from Goeoertrouw, Hazelmere, Klipfontein, Hluhluwe, Lake Merthley, Umzinto, EJ Smith and Buffalo Systems in KwaZulu-Natal. Published in GG 38924 Notice Number 572 dated 3 July 2015.

Water Services Act 108 of 1997

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2. Authorisation of Rand Water to manage drought relief programmes in Namibia. Published in GG 39011 Notice Number 622 dated 24 July 2015.

National Environmental Management Act 107 of 1998

3. Regulations for admission of guilt fines. Published in GG 39024 Notice Number 635 dated 24 July 2015.

4. Adoption and publication of the Gauteng Environmental Management Framework. Published in GG 38960 Notice Number 694 dated 10 July 2015.

National Environmental Management: Waste Act 59 of 2008

5. Regulations regarding the planning and management of residue stockpiles and residue deposits. Published in GG 39020 Notice Number 632 dated 24 July 2015.

6. Amendment to the list of waste management activities that have, or are likely to have, a detrimental effect on the environment. Published in GG 39020 Notice Number 633 dated 24 July 2015.

Gas Regulator Levies Act 75 of 2002

7. Levy and interest payable on the piped-gas industry. Published in GG 38959 Notice Number 688 dated 3 July 2015.

Petroleum Pipelines Levies Act 28 of 2004

8. Levy and interest payable on the petroleum pipelines industry. Published in GG 38959 Notice Number 689 dated 3 July 2015.

Legal Metrology Act 9 of 2014

9. Amendment to the regulations relating to the tariff fee charged for services rendered in terms of the Act by the National Regulatory for Compulsory Specifications. Published in GG 39025 Notice Number 643 dated 24 July 2015.

National Regulator for Compulsory Specifications Act 5 of 2008

10. Amendment to the regulations relating to the payment of levy and fees with regard to compulsory specifications. Published in GG 39015 Notice Number 644 dated 24 July 2015.

National Nuclear Regulator Act 47 of 1999

11. Determination of fees payable. Published in GG 39025 Notice Number 737 dated 24 July 2015.

Standards Act 8 of 2008

12. Issue of new SANS Standards. Published in GG 39015 Notice Number 749 dated 24 July 2015.
13. Issue of new SANS Standards. Published in GG 39045 Notice Number 794 dated 31 July 2015
14. Issue of new SANS Standards. Published in GG 39015 Notice Number 795 dated 31 July 2015

Consumer Price Index

15. Consumer Price Index (CPI) for June 2015. Published in GG 39045 Notice Number 791 dated 31 July 2015.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Occupational Health and Safety Act 85 of 1993

16. Driven Machinery Regulations 2015: withdrawal notice. Published in GG 38887 Notice Number 527 dated 19 June 2015.

17. Correction notice in terms of GG38707 of 24 April 2015: Notice of directive for all employers in Class XXI. Published in GG 38960 Notice Number 588 dated 10 July 2015. 

18. Notice regarding temporary exemptions in terms of the Construction Regulations 2014. Published in GG 39025 Notice Number 641 dated 24 July 2015.

Mine Health and Safety Act 29 of 1996

19. Regulations relating to explosives. Published in GG 38970 Notice Number 584 dated 10 July 2015.

National Health Act 61 of 2003

20. Establishment of a Ministerial Advisory Committee on e-Health. Published in GG 38981 Notice Number 595 dated 10 July 2015.

Health Professions Act 56 of 1974

21. Regulations relating to the qualifications which entitle medical laboratory scientists to register as such in terms of the Act. Published in GG 38991 Notice Number 604 dated 15 July 2015.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

22. Minimum level of pension of the Compensation Fund. Published in GG 39044 Notice Number 658 dated 31 July 2015.

Marikana Commission of Enquiry

23. Report on matters of public, national and international concern arising out of the tragic incidents at the Lonmin Mine in Marikana, North-West Province. Published in GG 38978 Notice Number 699 dated 10 July 2015.

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

National Forests Act 84 of 1998

24. Proposed list of particular trees and particular groups of tress “Champion Trees”. Interested persons are requested to submit written comments within 60 days of the publication of this notice. Published in GG 38924 Notice Number 664 dated 3 July 2015. 

National Water Act 36 of 1998

25. Proposed classes and quality objectives of water resources for the Olifants Catchment. Any person who wishes to submit written comments should submit the comments within 60 days from the date of publication of this notice. Published in GG 39004 Notice Number 619 dated 20 July 2015.

26. Proposed classes and quality objectives of water resources for the catchment of the Olifants-doorn. Any person who wishes to submit written comments should submit the comments within 60 days from the date of publication of this notice. Published in GG 39001 Notice Number 609 dated 17 July 2015.

27. Proposed classes and quality objectives of water resources for the catchment of the Upper Vaal. Any person who wishes to submit written comments should submit the comments within 60 days from the date of publication of this notice. Published in GG 39001 Notice Number 610 dated 17 July 2015.

28. Proposed classes and quality objectives of water resources for the catchment of the Lower Vaal. Any person who wishes to submit written comments should submit the comments within 60 days from the date of publication of this notice. Published in GG 39001 Notice Number 611 dated 17 July 2015.

29. Proposed classes and quality objectives of water resources for the catchment of the Middle Vaal. Any person who wishes to submit written comments should submit the comments within 60 days from the date of publication of this notice. Published in GG 39001 Notice Number 612 dated 17 July 2015.

National Environmental Management: Waste Act 59 of 2008

30. Request for the Paper and Packaging Industry, Electrical and Electronic Equipment Industry and Lighting Industry to prepare and submit their Waste Management Plans for approval. Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 39018 Notice Number 736 dated 24 July 2015.

National Environmental Management Act 107 of 1998

31. Proposed regulations relating to the procedure to be followed and criteria to be considered when determining an appropriate fine in terms of section 24G. Members of the public are invited to submit written comments within “3D” days after the publication of the notice in the gazette. Published in GG 39024 Notice Number 636 dated 24 July 2015.

32. Proposed regulations relating to the procedure to be followed and criteria to be considered when determining an appropriate fine in terms of section 24G. Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 39024 Notice Number 637 dated 24 July 2015.

(Note: after reviewing both the above draft gazettes, we believe item 32 (GN R637) is the correct notice as the draft regulations have not been published in item 31 (GN R636) and there was a typo error concerning “3D days” which was rectified in item 32. However, the Department of Environmental Affairs has not yet published a correction/withdrawal notice in this regard).

South African Maritime and Aeronautical Search and Rescue Act 44 of 2002

33. Intention to make regulations under the Act. Interested persons are invited to submit written comments within 30 days from the date of publication of this notice in the gazette. Published in GG 39033 Notice Number 753 dated 30 July 2015.

National Regulator for Compulsory Specifications Act 5 of 2008

34. Intention to amend the Compulsory Specification for Chemical Disinfectants. Any person who wishes to comment on the intention is requested to submit their comments in writing on or before the date 2 months after the publication of this notice. Published in GG 39003 Notice Number 618 dated 17 July 2015.

Medicines and Related Substances Act 101 of 1965

35. Request for information for the review of the dispensing fee for pharmacists. Published in GG 39013 Notice Number 623 dated 24 July 2015.

36. Correction notice in terms of GG 39013 Notice Number 623 dated 24 July 2015 – the gazette was erroneously published with a blank page. The correct notice has been published in this gazette. Interested persons are requested to submit written comments within 3 months from the date of publication of this notice. Published in GG 39046 Notice Number 664 dated 31 July 2015.

37. Intention to make regulations relating to medical devices and in vitro diagnostic medical devices. Interested persons are requested to submit written comments within 1 month of publication of this notice. Published in GG 38990 Notice Number 602 dated 15 July 2015.

38. Correction notice in terms of GG 38990 Notice Number 602 dated 15 July 2015 – the gazette was erroneously published with a blank page. The correct notice has been published in this gazette. Published in GG 39048 Notice Number 665 dated 31 July 2015.

39. Intention to declare an annual single exit price adjustment of medicines and schedules substances for 2016. Interested persons are requested to submit written comments within 3 months from the date of publication of this notice. Published in GG 38988 Notice Number 601 dated 13 July 2015.

Medical Schemes Act 131 of 1998

40. Intention to amend the general regulations. Interested persons are invited to submit written comments within 3 months from date of publication of this notice. Published in GG 38990 Notice Number 603 dated 15 July 2015.

National Health Act 61 of 2003

41. Draft regulations relating to human milk banks. Interested persons are invited to submit written comments within 3 months from the date of publication of this notice. Published in GG 38945 Notice Number 577 dated 3 July 2015.

National Road Traffic Act 93 of 1996

42. Intention to amend the National Road Traffic Regulations. All interested parties are requested to submit written comments within 4 weeks from the date of publication of this notice. Published in GG 38997 Notice Number 607 dated 17 July 2015.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

43. Proposed amendment to the regulations relating to foodstuffs for infants and young children. Interested persons are requested to submit written comments within 3 months from the date of publication of this notice. Published in GG 38975 Notice Number 591 dated 7 July 2015.

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


 

Western Cape Province

44. Laingsburg Municipality: Land Use Planning By-law. Published in PG 7424 Notice Number 215 dated 3 July 2015.

45. Swellendam Municipality: By-law on Municipal Land Use Planning. Published in PG 7422 Notice Number 213 dated 2 July 2015.

46. Swellendam Municipality: Correction notice relating to the by-law relating to Municipal Land Use Planning. Published in PG 7425 Notice Number 219 dated 10 July 2015.

47. Swartland Municipality: Land Use Planning By-law. Published in PG 7420 Notice Number 211 dated 3 July 2015.

48. Swartland Municipality: Correction notice relating to the by-law relating to Municipal Land Use Planning. Published in PG 7425 Notice Number 217 dated 10 July 2015.

49. Bergrivier Municipality: By-law relating to Municipal Land Use Planning. Published in PG 7418 Notice Number 209 dated 2 July 2015.

50. Bergrivier Municipality: Correction notice relating to the by-law relating to Municipal Land Use Planning. Published in PG 7426 Notice Number 222 dated 17 July 2015.

51. Bergrivier Municipality: By-law relating to Municipal Land Use Planning: Appointment of members to the Bergrivier Municipal Planning Tribunal. Published in PG 7460 dated 31 July 2015.

52. George Municipality: By-law relating to Municipal Land Use Planning. Published in PG 7427 Notice Number 2227 dated 15 July 2015.

53. Cape Agulhas Municipality: By-law relating to Municipal Land Use Planning. Published in PG 7428 Notice Number 228 dated 15 July 2015.

54. Theewaterskloof Municipality: By-law relating to Municipal Land Use Planning. Published in PG 7429 Notice Number 229 dated 20 July 2015.

55. Bitou Municipality: publication of the by-law in PG 7401 dated 12 June 2015 (Commencement date of the Outdoor Advertising and Signage By-law) is hereby withdrawn. Published in PG 7426 Notice Number 221 dated 17 July 2015.

56. Theewaterskloof Municipality: Waste Management By-law, Aerodrome By-law and Nature Reserves By-law. Published in PG 7340 dated 21 July 2015.

57. Theewaterskloof Municipality: Control of Fireworks By-law and Commonage By-law. Published in PG 7341 dated 21 July 2015.

58. Kannaland Municipality: Correction notice relating to the by-law relating to Municipal Land Use Planning. Published in PG 7425 Notice Number 219 dated 10 July 2015.

59. Bitou Municipality: Outdoor Advertising and Signage By-law. Published in PG 7459 dated 30 July 2015.

60. Langeburg Municipality: By-law relating to Municipal Land Use Planning. Published in PG 7461 Notice Number 264 dated 30 July 2015.

61. Commencement date of the Western Cape Land Use Planning Act is 1 August 2015. Published in PG 7460 Notice Number 12 dated 31 July 2015.

Northern Cape Province

62. Khara Hais Municipality: Final approval and implementation of Zoning Scheme, Land Development Procedures and Regulations under the Spatial Planning and Land Use Management Act 16 of 2013. Published in PG 1914 Notice Number 83 dated 20 July 2015 and in PG 1915 Notice Number 87 and 88 dated 21 July 2015. 

Free State Province

63. Nala Municipality: Adoption of by-laws. Published in PG 39 dated 10 July 2015:
a. Standard Dumping and Littering By-laws as published in PN No. 184 of December 2011.
b. Standard Electricity Supply By-law as published in PN No. 185 of 9 December 2011.
c. Street Trading By-law as published in PN No. 205 of 9 December 2011.
d. Standard Building Regulations By-law as published in PN No. 173 of December 2011.
e. Standard Bed and breakfast and Guesthouse By-law as published on PN No. 172 of December 2011.
f. Standard Advertising By-law as published on PN No.170 of December 2011.
g. Standard Fire and Emergency Service By-law as published in PN No. 189 of December 2011.
h. Standard Tariff Policy By-law as published in PN No. 206 of December 2011.
i. Standard Unsightly Neglected Building By-law as published in PN No. 208 of December 2011.
j. Standard Water Services Bylaw as published in PN No. 212 of December 2011.
k. Standard Control of Public Nuisances By-law as published in PN No. 178 of December 2011. 
l. Standard Cemeteries and Crematoria By-law as published in PN No. 174 of December 2011.

64. Fezile Dabi District Municipality: Fire and Rescue Services By-law. Published in PG 35 dated 3 July 2015.

65. Correction notice relating to the Fezile Dabi District Municipality: Fire and Rescue Services By-law. Published in PG 66 dated 24 July 2015.

66. Mangaung Metropolitan Municipality: Municipal Land Use Planning By-law. Published in PG 35 dated 3 July 2015.

67. Mangaung Metropolitan Municipality: Municipal Planning Tribunal. Published in PG 35 dated 3 July 2015.

Gauteng Province

68. Public Service Act 1994: Administration and operations relating to the Gauteng Infrastructure Financing Agency (GIFA). Published in PG 303 Notice Number 1 dated 13 July 2015.

69. Gauteng Department of Agriculture and Rural Development: Gauteng PAIA Manual. Published in PG 326 Notice Number 2397 dated 31 July 2015.

North West Province

70. Disaster Management Act 57 of 2002: Declaration of provincial state of drought disaster. Published in PG 7501 Notice Number 6 dated 24 July 2015.

Mpumalanga Province

71. Mbombela By-law on Spatial Planning and Land Use Management. Published in PG 2503 Notice Number 79 dated 10 July 2015.

72. Umjindi Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2530 Notice Number 81 dated 24 July 2015.

KwaZulu-Natal Province

73. Msunduzi Municipality: Electricity Supply By-law. Published in PG 1393 Notice Number 99 dated 25 July 2015.

74. Msunduzi Municipality: Cemeteries and Crematoria By-law. Published in PG 1392 Notice Number 98 dated 25 July 2015.

75. Emadlangeni Municipality: By-laws published in PG 1461 Notice Number 29 dated 31 July 2015:

a. Outdoor advertising Municipal By-law
b. Cemeteries, crematoria and Undertakers Municipal By-law
c. Electricity supply Municipal By-law
d. nvironment Municipal By-law
e. Fire prevention Municipal By-law
f. Pollution control Municipal By-law
g. Public amenities Municipal By-law
h. Public roads Municipal By-law
i. Stormwater management Municipal By-law
j. Street trading Municipal By-law
k. Dumping and littering Municipal By-law
l. Abattoir Municipal By-law
m. By-Law Relating to the Control over Buildings.

Limpopo Province

76. Local Government: Municipal Systems Act 32 of 2000: Makhado Local Municipality: Building Regulations By-law. Published in PG 2527 Notice Number 99 dated 17 July 2015.

77. Local Government: Municipal Systems Act 32 of 2000: Makhado Local Municipality: Electricity Supply By-law. Published in PG 2527 Notice Number 100 dated 17 July 2015.

78. Local Government: Municipal Systems Act 32 of 2000: Makhado Local Municipality: Stormwater Management By-law. Published in PG 2527 Notice Number 101 dated 17 July 2015.

79. Local Government: Municipal Systems Act 32 of 2000: Makhado Local Municipality: Cemeteries By-law. Published in PG 2527 Notice Number 102 dated 17 July 2015.

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

Mpumalanga Province

80. Intention to declare nature reserves. Members of the public are invited to submit written comments to the notice within 60 days of its publication. Published in PG 2520 Notice Number 4 dated 24 July 2015.

Eastern Cape Province

81. Spatial Planning and Land Use Management Act 16 of 2013: Spatial Planning and Land Use Management By-laws for the Eastern Cape. Written comments must be submitted on or before 6 July 2915. Published in PG 3421 Notice Number 141 dated 6 July 2015.

82. National Environmental Management: Integrated Coastal Management Act 24 of 2008: Notice of intention to demolish abandoned structures within the coastal zone. The person/s responsible for the structure/s may appeal to the MEC of the Department Economic Development, Environmental Affairs and Tourism to claim ownership thereof and provide representation as to why the structure should not be demolished before 15 August 2015. Published in PG 3462 Notice Number 1 dated 31 July 2015.

Western Cape Province

83. Bergrivier Municipality: Intention to compile a new Integrated Zoning Scheme By-law. Registration as an interested and affected party should be submitted on or before 31 July 2015.

KwaZulu-Natal Province

84. Umgungundlovu District Municipalty: Notice to establish a Joint Municipal Planning Tribunal and call for persons to serve on the tribunal. Nominations must be sent before 13 August 2015. Published in PG 1451 Notice Number 134 dated 27 July 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 5 August 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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