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Monthly sustainability legislation, regulation and parliamentary update – June 2015

Monthly sustainability legislation, regulation and parliamentary update – June 2015

3rd July 2015

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SECTION A:  ENVIRONMENTAL (NATIONAL)

Mineral and Petroleum Resources Development Act 28 of 2002

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1. Regulations for Petroleum Exploration and Production. Published in GG 38855 Notice Number 466 dated 3 June 2015.

National Environmental Management: Protected Areas Act 57 of 2003

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2. Declaration of land to be part of the West Coast National Park. Published in GG 38844 Notice Number 534 dated 5 June 2015.

3. Declaration of land to be part of the Marakele National Park. Published in GG 38844 Notice Number 535 dated 5 June 2015.

4. Declaration of land to be part of the Mountain Zebra National Park. Published in GG 38844 Notice Number 536 dated 5 June 2015.

5. Declaration of land to be part of the Tankwa National Park. Published in GG 38844 Notice Number 537 dated 5 June 2015.

6. Declaration of land to be part of the Richtersveld National Park. Published in GG 38844 Notice Number 538 dated 5 June 2015.

7. Declaration of land to be part of the Table Mountain National Park. Published in GG 38844 Notice Number 539 dated 5 June 2015.

8. Declaration of land to be part of the Namaqua National Park. Published in GG 38844 Notice Number 540 dated 5 June 2015.

Marine Living Resources Act 18 of 1998

9. Important information and general instructions for fisheries management. Published in GG 38871 Notice Number 505 dated 12 June 2015.

10. Important information and general instructions for fisheries management, as amended. Published in GG 38871 Notice Number 506 dated 12 June 2015.

11. Schedule B of fees determined for rights, permits and licences. Published in GG 38871 Notice Number 507 dated 12 June 2015.

National Environmental Management: Air Quality Act 39 of 2004

12. Amendments to the 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 38863 Notice Number 511 dated 12 June 2015.

Merchant Shipping Act 57 of 1951

13. Amendment to the Merchant Shipping (Eyesight and Medical Examination) Regulations. Published in GG 38912 Notice Number 543 dated 26 June 2015.

14. Amendment to the Merchant Shipping (Safe Manning, Training and Certification) Regulations. Published in GG 38912 Notice Number 544 dated 26 June 2015.

Consumer Price Index

15. Consumer Price Index (CPI) for May 2015. Published in GG 38894 Notice Number 643 dated 26 June 2015.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Occupational Health and Safety Act 85 of 1993

16. Driven Machinery Regulations 2015. The Regulations will come into effect on 30 September 2015. Published in GG 38887 Notice Number 527 dated 19 June 2015

17. Incorporation of safety standards into the Driven Machinery Regulations. Published in GG 38887 Notice Number 528 dated 19 June 2015.

Please note that Item 16 and Item 17 above were published in error. However, a correction notice has not yet been published. Item 18 and 19 below are the correct notices.

18. Driven Machinery Regulations 2015. The Regulations will come into effect on 30 September 2015. Published in GG 388905 Notice Number 540 dated 24 June 2015

19. Incorporation of safety standards into the Driven Machinery Regulations. Published in GG 38905 Notice Number 541 dated 24 June 2015.

20. Incorporation of the health and safety standard in terms of section 44(1) of the Act. Published in GG 38904 Notice Number 539 dated 24 June 2015.

National Railway Safety Regulator Act 16 of 2002

21. The National Railway Safety Permit Regulations 2015. Published in GG 38929 Notice Number 549 dated 30 June 2015.

22. Determination of Safety Permit Fees. Published in GG 38930 Notice Number 663 dated 30 June 2015.

Agricultural Product Standards Act 119 of 1990

23. Fixing of inspection fees: potatoes. Published in GG 38844 Notice Number 458 dated 5 June 2015.

Marketing of Agricultural Products Act 47 of 1996

24. Establishment of statutory measure: registration of certification bodies, exporters, fresh produce markets, importers, market agents, packaging material importers, packaging material manufacturers, potato producers, pre-packers, processors and traders. Published in GG 38864 Notice Number 473 dated 12 June 2015.

25. Establishment of statutory measure: records and returns by certification bodies, fresh produce markets, importers, packaging material importers, packaging material manufacturers, potato producers, pre-packers and processors. Published in GG 38864 Notice Number 474 dated 12 June 2015.

26. Establishment of statutory measure: determination of guideline prices and levies relating to potatoes. Published in GG 38864 Notice Number 475 dated 12 June 2015.

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

Department of Agriculture, Forestry and Fisheries

27. Draft Climate Change Sector Plan for Agriculture, Forestry and Fisheries. Members of the public are invited to submit written comments within 60 days of publication of the notice in the gazette. Published in GG 38851 Notice Number 500 dated 3 June 2015.

28. Draft policy on the allocation and management of fishing rights in the Large Pelagic (Tuna and Swordfish) Fishery: 2015. Published in GG 38871 Notice Number 495 dated 12 June 2015.

29. Draft policy on the allocation and management of fishing rights in the Hake Inshore Trawl Fishery: 2015. Published in GG 38871 Notice Number 496 dated 12 June 2015.

30. Draft policy on the allocation and management of long-term commercial fishing rights in the Horse Mackerel Fishery: 2015. Published in GG 38871 Notice Number 497 dated 12 June 2015.

31. Draft policy on the allocation and management of fishing rights in the KwaZulu-Natal Sardine Beach Seine Fishery: 2015. Published in GG 38871 Notice Number 498 dated 12 June 2015.

32. Draft policy on the allocation and management of fishing rights in the Netfish Fishery: 2015. Published in GG 38871 Notice Number 499 dated 12 June 2015.

33. Draft policy on the allocation and management of fishing rights in the Patagonian Toothfish Fishery: 2015. Published in GG 38871 Notice Number 500 dated 12 June 2015.

34. Draft policy on the allocation and management of commercial fishing rights in the West Coast Rock Lobster (offshore) Fishery: 2015. Published in GG 38871 Notice Number 501 dated 12 June 2015.

35. Draft policy on the allocation and management of fishing rights in the Seaweed Fishery: 2015. Draft policy on the allocation and management of fishing rights in the KwaZulu-Natal Sardine Beach Seine Fishery: 2015. Published in GG 38871 Notice Number 498 dated 12 June 2015.

36. Draft policy on the allocation and management of fishing rights in the West Coast Rock Lobster Commercial (Nearshore) Fishery: 2015. Published in GG 38871 Notice Number 503 dated 12 June 2015.

37. Draft policy on the allocation and management of fishing processing rights: 2015. Published in GG 38871 Notice Number 508 dated 12 June 2015.

National Environmental Management: Air Quality Act 39 of 2004

38. Draft National Greenhouse Gas Emission Reporting Guidelines. Members of the public are invited to submit written comments within 60 days of publication of the notice in the gazette. Published in GG 38857 Notice Number 541 dated 5 June 2015.

39. Draft regulations prescribing the atmospheric emission licence processing fee. 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 38863 Notice Number 550 dated 12 June 2015.

40. Draft Air Quality Offsets Guideline. 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 38894 Notice Number 597 dated 26 June 2015. 

National Environmental Management: Biodiversity Act 10 of 2004

41. Draft Biodiversity Management Plan for 11 critically endangered and 4 endangered Encephalartos (Cycad) species. Members of the public are invited to submit written comments within 30 days of the publication of the notice in the gazette. Published in GG 38844 Notice Number 503 dated 5 June 2015.

Marine Living Resources Act 18 of 1998

42. Draft sector specific policies for the allocation of fishing rights. Interested and affected parties are invited to submit written comments within 30 days after the publication of this notice. Published in GG 38871 Notice Number 494 dated 12 June 2015.

Civil Aviation Act 13 of 2009

43. Draft amendment to the Civil Aviation Regulations, 2011. Interested persons are invited to submit written comments on or before 15 July 2015. Published in GG 38882 Notice Number 520 dated 15 June 2015.

Medicines and Related Substances Act 101 of 1965

44. Regulations relating to a transparent pricing system for medicines and scheduled substances: draft dispensing fee for pharmacists. Interested persons are invited to submit written comments within 3 months of publication of this notice. Published in GG 38876 Notice Number 511 dated 15 June 2015. 

Agricultural Product Standards Act 119 of 1990

45. Proposed amendment to the standards and requirements regarding control of the export of plums and prunes. Interested persons are requested to submit written comments within 30 days from the date of publication of this notice. Published in GG 38844 Notice Number 501 dated 5 June 2015.

Marketing of Agricultural Products Act 47 of 1996

46. Request for the continuation and amendment of statutory measures in the South African Pecan Nut Industry. Directly affected groups are requested to submit written comments on or before 10 July 2015. Published in GG 38894 Notice Number 596 dated 26 June 2015.

Employment Equity Act 55 of 1998

47. Revised draft code of good practice on the employment of persons with disabilities. Written comments should be submitted within 30 days of publication of the notice in the gazette. Published in GG 38872 Notice Number 581 dated 12 June 2015.

Broad-Based Black Economic Empowerment Amendment Act 46 of 2013

48. Draft amendment to the Tourism B-BBEE Sector Code. Interested persons are invited to submit written comments within 60 days from the date of this publication. Published in GG 38915 Notice Number 657 dated 30 June 2015.

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





Limpopo Province

49. Local Government: Municipal Systems Act 32 of 2000: Thulamela Municipality By-laws (published in PG 2517 Notice Number 57 dated 8 June 2015:
a. Land Use Management and Building Regulations By-law.
b. Waste Management By-law.
c. Cemeteries By-law.
d. Heritage Resources and Cultural Institutions By-law.

50. Local Government: Municipal Systems Act 32 of 2000: Spatial Planning and Land Use Management By-law for the Limpopo Province. Published in PG 2517 Notice Number 57 dated 8 June 2015.

51. National Environmental Management: Protected Areas Act 57 of 2003: declaration of portions 25-47 of the farm Grootvalley KR as a protected environment. Published in PG 2530 Notice Number 219 dated 18 June 2015.

52. Makhado Municipality: Amendment to the Aerodrome By-law. Published in PG 2518 Notice Number 87 dated 12 June 2015.

53. Makhado Municipality: Amendment to the Caravan Park By-law. Published in PG 2518 Notice Number 71 dated 12 June 2015.

54. Makhado Municipality: Amendment to the Control of Temporary Advertisements and Pamphlets By-law. Published in PG 2518 Notice Number 80 dated 12 June 2015.

55. Makhado Municipality: Amendment to the Inflammable Substances By-law. Published in PG 2518 Notice Number 74 dated 12 June 2015.

56. Makhado Municipality: Amendment to the Roads, Traffic and Safety By-law. Published in PG 2518 Notice Number 65 dated 12 June 2015.

57. Makhado Municipality: Amendment to the Street Trading By-law. Published in PG 2518 Notice Number 69 dated 12 June 2015.

Mpumalanga Province

58. Spatial Planning and Land Use Management Act 16 of 2013: Establishment of the Gert Sibande District Municipal Planning Tribunal. Published in PG 2470 Notice Number 225 dated 5 June 2015.

Western Cape Province

59. Swellendam Municipality (published in PG 7400 dated 5 June 2015):
a. By-law relating to water, sanitation services and industrial effluent;
b. Electricity supply by-law; and
c. Storm water management by-law.

60. City of Cape Town Overlay Zones Designation Notice. Published in PG 7408 Notice Number 191 dated 22 June 2015.

61. Correction notice in terms of the City of Cape Town Overlay Zones Designation Notice. Published in PG 7413 Notice Number 205 dated 29 June 2015.

62. Kannaland Municipality: Standard By-law on Municipal Land Use Planning. Published in PG 7415 Notice Number 207 dated 26 June 2015.

63. Commencement date of the Western Cape Land Use Planning Act 3 of 2014 is 1 July 2015. Published in PG 7410 Notice Number 9 dated 26 June 2015.

64. Western Cape Land Use Planning Regulations 2015. Published in PG 7412 Notice Number 203 dated 26 June 2015.

65. City of Cape Town Municipal Planning By-law. Published in PG 7414 Notice Number 206 dated 29 June 2015.

66. Official publication of public launch sites for the Western Cape Province. Published in PG 7410 Notice Number 193 dated 26 June 2015.

67. Witzenberg Municipality: By-law relating to pounds. Published in PG 7404 dated 19 June 2015.

68. Beaufort West Municipality: By-law on Municipal Land Use Planning. Published in PG 7404 dated 19 June 2015.

69. Knysna Municipality: Roads and Traffic By-law. Published in PG 7400 dated 5 June 2015.

70. Swartland Municipality: By-law relating to public nuisances. Published in PG 7402 dated 12 June 2015.

71. Bitou Municipality: Commencement date of the Outdoor Advertising and Signage By-law is 1 July 2015. Published in PG 7401 dated 12 June 2015.

Free State Province

72. Appointment of members to the Moqhaka Municipal Planning Tribunal in terms of section 35 of the Spatial Planning and Land Use Management Act 16 of 2013. Published in PG 25 dated 12 June 2015.

73. Appointment of members to the Setsoto Municipal Planning Tribunal in terms of section 35 of the Spatial Planning and Land Use Management Act 16 of 2013. Published in PG 25 dated 12 June 2015.

74. Appointment of members to the Kopanong Municipal Planning Tribunal in terms of section 35 of the Spatial Planning and Land Use Management Act 16 of 2013. Published in PG 25 dated 12 June 2015.

75. Appointment of members to the Mohokare Municipal Planning Tribunal in terms of section 35 of the Spatial Planning and Land Use Management Act 16 of 2013. Published in PG 25 dated 12 June 2015.

76. Appointment of members to the Dihlabeng Municipal Planning Tribunal in terms of section 35 of the Spatial Planning and Land Use Management Act 16 of 2013. Published in PG 25 dated 12 June 2015.

77. Kopanong Local Municipality: Municipal Land Use Planning By-law. Published in PG 25 dated 12 June 2015.

78. Mohokare Local Municipality: Municipal Land Use Planning By-law. Published in PG 25 dated 12 June 2015.

79. Dihlabeng Local Municipality: Municipal Land Use Planning By-law. Published in PG 25 dated 12 June 2015.

KwaZulu-Natal Province

80. Msunduzi Municipality: Public Health By-law. Published in PG 1394 Notice Number 100 dated 25 June 2015.

North-West Province

81. Umjindi Municipality: Street and Miscellaneous By-law. Published in PG 7456 Notice Number 55 dated 1 June 2015. 

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

Gauteng Province

82. City of Johannesburg Metropolitan Municipality: proposed amendments to the Outdoor Advertising By-law. Any comments must be submitted in writing within 30 days from the date of publication of this notice. Published in PG 232 Notice Number 1082 dated 17 June 2015.

Northern Cape Province

83. Spatial Planning and Land Use Management Act 16 of 2013: John Taolo Gaetsewe Municipality: notice of intention to establish a District Municipal Planning Tribunal and District Appeals Authority. Any comments must be submitted in writing on or before 30 June 2015. Published in PG 1903 Notice Number 50 dated 10 June 2015.

Western Cape Province

84. Heritage Western Cape Draft Regulations: The process for publication of statements of general policy and conservation management plans, 2015. Comments on the proposed regulations from interested and affected parties should be submitted by no later than 27 July 2015. Published in PG 7410 Notice Number 201 dated 26 June 2015. 

85. Intention to commence with the compilation of Provincial Regional Spatial Implementation Frameworks for the Cape Functional Region and the Greater Saldanha Functional Region. Interested and affected persons are requested to submit written comments before 31 July 2015. Published in PG 7404 Notice Number 188 dated 19 June 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 2 July 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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