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Monthly sustainability legislation, regulation and parliamentary update – September 2015

Monthly sustainability legislation, regulation and parliamentary update – September 2015

5th October 2015

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Water Act 36 of 1998

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1. Limiting the use of water for irrigation, urban, industrial and mining purposes from the Mutshedzi, Nzhelele, Nwanedi and Luphephe, Middle Letaba, Nsami, Modjadji and Tzaneen subsystem/dams. Published in GG 39159 Notice Number 790 dated 2 September 2015.

National Environmental Management Act 107 of 1998

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2. Environmental Implementation Plan 2015 – 2020 for the Department of Human Settlements. Published in GG 39164 Notice Number 880 dated 3 September 2015.

National Environmental Management: Air Quality Act 39 of 2004

3. Declaration of a small-scale char and small-scale charcoal plants as controlled emitters and establishment of emission standards. Published in GG 39220 Notice Number 602 dated 18 September 2015.

National Nuclear Regulator Act 47 of 1999

4. Correction notice: Fees for nuclear authorisations. Published in GG 39172 Notice Number 883 dated 4 September 2015.

National Regulator for Compulsory Specifications Act 5 of 2008

5. Amendment of the Compulsory Specification for switches for fixed installations (VC 8003). Published in GG 39220 Notice Number 610 dated 18 September 2015.

6. Amendment of the Compulsory Specification for motor vehicles of Category N2/3. Published in GG 39220 Notice Number 611 dated 18 September 2015.

7. Amendment of the Compulsory Specification for motor vehicles of Category M2/3. Published in GG 39220 Notice Number 613 dated 18 September 2015.

Promotion of Access to Information Act 2 of 2000

8. Description submitted in terms of section 15(1):
a. Department of Planning, Monitoring and Evaluation published in GG 39172 Notice Number 803 dated 4 September 2015.
b. Department of Mineral Resources published in GG 39172 Notice Number 813 dated 4 September 2015.
c. Limpopo Provincial Government: Department of Agriculture and Rural Development published in GG 39201 Notice Number 837 dated 11 September 2015.
d. Limpopo Provincial Government: Department of Economic Development, Environment and Tourism published in GG 39220 Notice Number 608 dated 18 September 2015.
e. Limpopo Provincial Government: Department of Transport published in GG 39232 Notice Number 863 dated 25 September 2015.
f. Northern Cape Provincial Government: Department of Environment and Nature Conservation published in GG 39232 Notice Number 872 dated 25 September 2015.
g. Northern Cape Provincial Government: Department of Agriculture, Land Reform and Rural Development published in GG 39232 Notice Number 873 dated 25 September 2015.
h. Limpopo Provincial Government: Department of Economic Development, Environment and Tourism published in GG 39232 Notice Number 875 dated 25 September 2015.
i. Free-State Provincial Government: Department of Agriculture and Rural Development published in GG 39232 Notice Number 877 dated 25 September 2015.
j. Free-State Provincial Government: Department of Economic, Small Business Development, Tourism and Environmental Affairs published in GG 39232 Notice Number 878 dated 25 September 2015.

Consumer Price Index

9. Consumer Price Index (CPI) for August 2015. Published in GG 39252 Notice Number 957 dated 2 October 2015.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Medicines and Related Substances Act 101 of 1965

10. Fees payable in terms of the Act. Published in GG 39154 Notice Number 784 dated 1 September 2015.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

11. Final notice to claim unpaid merit rebates for qualifying employers. Published in GG 39177 Notice Number 819 dated 8 September 2015.

Occupational Diseases in Mines and Works Act 78 of 1973

12. Increase of levies. Published in GG 39220 Notice Number 604 dated 28 September 2015.

Mine Health and Safety Act 29 of 1996

13. Guideline for the mandatory code of practice on the provision of personal protective equipment for women in the South African mining industry. Published in GG 39228 Notice Number 854 dated 25 September 2015.

14. Guideline for the mandatory code of practice for trackless mobile machines. Published in GG 39228 Notice Number 855 dated 25 September 2015.

15. Guideline for the mandatory code of practice for cyanide management. Published in GG 39228 Notice Number 856 dated 25 September 2015.

16. Guideline for the mandatory code of practice for underground rail bound equipment. Published in GG 39228 Notice Number 919 dated 25 September 2015.

Occupational Health and Safety Act 85 of 1993

17. Driven Machinery Regulations 2015: Correction notice relating to GG 38905 Notice Number 540 dated 24 June 2015. Published in GG 39253 Notice Number 913 dated 2 October 2015.

18. Driven Machinery Regulations 2015: Correction notice relating to GG 38904 Notice Number 539 dated 11 March 2011 (Editor’s note: the date 11 March 2011 was published incorrectly – the date of the gazette is 24 June 2015). Published in GG 39252 Notice Number 910 dated 2 October 2015.

National Health Act 61 of 2003

19. Implementation Guideline for Health Workforce Normative Guides and Standards for Fixed Primary Health Care Facilities. Published in GG 39244 Notice Number 902 dated 2 October 2015.

National Railway Safety Regulator Act 16 of 2002

20. Determination of fees to be paid for services rendered. Published in GG 39205 Notice Number 915 dated 15 September 2015.

Standards Act 8 of 2008

21. Issue of new SANS Standards. Published in GG 39172 Notice Number 891 dated 4 September 2015.

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

National Environmental Management: Biodiversity Act 10 of 2004

22. Notice of intention to publish the Non-Detriment Findings made by the Scientific Authority. Members of the public are invited to submit written comments within 30 days after the publication of this notice in the gazette. Published in GG 39185 Notice Number 897 dated 10 September 2015. 

National Environmental Management: Air Quality Act 39 of 2004

23. Draft regulations for the procedure and criteria to be followed in the determination of an administrative fine in terms of section 22A. Members of the public are invited to submit written comments within 30 days after the publication of the notice. Published in GG 39236 Notice Number 943 dated 25 September 2015.

Gas Regulator Levies Act 75 of 2002 and Petroleum Pipelines Levies Act 28 of 2004

24. Proposed levy for the Piped-Gas and Petroleum Pipeline Industries for 2016/2017. Published in GG 39187 Notice Number 823 dated 11 September 2015.

Medicines and Related Substances Act 101 of 1965

25. Draft dispensing fee to be charged by persons licensed in terms of section 22C (1)(a). Interested persons are invited to submit written comments within 3 months of publication of this notice. Published in GG 39190 Notice Number 899 dated 10 September 2015.

National Regulator for Compulsory Specifications Act 5 of 2008

26. Proposed amendment to the Compulsory Specification for Hydraulic Brake and Clutch Fluid. Interested persons are requested to submit written comments on or before the date two months after the publication of this notice. Published in GG 39220 Notice Number 609 dated 18 September 2015. 

Cross-Border Road Transport Act 4 of 1998

27. Proposed amendments to the regulations. Interested persons are requested to submit written comments within 30 days from publication thereof. Published in GG 39184 Notice Number 822 dated 10 September 2015.

National Key Points Act 102 of 1980

28. Protection of Critical Infrastructure Bill. Interested parties and institutions are invited to submit written comments on the draft bill within 40 days of the publication of this notice. Published in GG 39147 Notice Number 874 dated 28 August 2015.

White Paper on National Civil Aviation Policy

29. The Department of Transport is consulting on the White Paper on National Civil Aviation Policy. Written comments must be submitted within 30 days from the date of publication of this Notice. Published in GG 39201 Notice Number 912 dated 11 September 2015.

National Airports Development Plan

30. The Department of Transport is consulting on the National Airports Development Plan. Written comments must be submitted within 30 days from the date of publication of this Notice. Published in GG 39201 Notice Number 913 dated 11 September 2015.

Department of Environmental Affairs

31. Request for information on the amount of chemicals produced, used, imported or exported in South Africa. Companies who produced, used, imported or exported chemicals are invited to submit written submissions within 60 days of publication of this notice in the gazette. Published in GG 39216 Notice Number 703 dated 18 September 2015.

Green Paper on the National Rail Policy 2015

32. The Green Paper on the National Rail Policy 2015 has been published for public comment. Interested persons are invited to submit written comments by no later than 60 days after the publication in the government gazette. Published in GG 39227 Notice Number 853 dated 23 September 2015.

Constitution Eighteenth Amendment Bill

33. Notice of intent to introduce the private members bill and invitation for public comment on the Amendment Bill - written representations must be submitted within 40 days of publication of this notice. Published in GG 39224 Notice Number 917 dated 21 September 2015.

Agricultural Product Standards Act 119 of 1990

34. Correction notice: Agricultural Product Standards Amendment Bill 2015. Published in GG 39172 Notice Number 796 dated 4 September 2015. 

Animal Diseases Act 35 of 1984

35. Draft veterinary procedural notice for Buffalo Diseases Risk Management in South Africa. All interested institutions, organisations and individuals are invited to submit written comments within 60 days from the date of publication of this notice. Published in GG 39172 Notice Number 798 dated 4 September 2015. 

Marketing of Agricultural Products Act 47 of 1996

36. National Agricultural Marketing Council: request for the continuation of statutory measures in the South African Milk Industry. Directly affected groups are requested to submit comments within 14 days of the publication hereof. Published in GG 39201 Notice Number 830 dated 11 September 2015.

37. National Agricultural Marketing Council: request for the continuation of statutory measures in respect of maize, winter cereals, sorghum and oilseeds. Directly affected groups are requested to submit comments on or before 9 October 2015. Published in GG 39233 Notice Number 920 dated 25 September 2015.

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

Gauteng Province

38. National Environmental Management: Biodiversity Act 10 of 2004: Determination of Bioregions and Publication of Bioregional Plans under the Act. Published in PG 390 Notice Number 2684 dated 2 September 2015.

39. Lesedi Local Municipality: By-laws enacted in terms of the National Building Regulations and Building Standards Act 103 of 1977. Published in PG 408 Notice Number 1602 dated 15 September 2015.

40. Lesedi Local Municipality: Solid Waste By-law. Published in PG 408 Notice Number 1604 dated 15 September 2015.

41. Lesedi Local Municipality: Water Supply By-law. Published in PG 408 Notice Number 1605 dated 15 September 2015.

42. Lesedi Local Municipality: Public Health By-law. Published in PG 408 Notice Number 1606 dated 15 September 2015.

43. Lesedi Local Municipality: Policy Services By-law. Published in PG 408 Notice Number 1607 dated 15 September 2015.

44. Lesedi Local Municipality: Cemetery and Crematoria By-law. Published in PG 408 Notice Number 1608 dated 15 September 2015.

45. Lesedi Local Municipality: Electricity By-law. Published in PG 408 Notice Number 1609 dated 15 September 2015.

46. Lesedi Local Municipality: By-law relating to advertising signs. Published in PG 408 Notice Number 1610 dated 15 September 2015.

KwaZulu-Natal Province

47. National Environmental Management Act 107 of 1998: Adoption of the Environmental Management Framework for the Msunduzi Municipality. Published in PG 1486 Notice Numbers 125 and 127 dated 3 September 2015.

48. Ethekwini Municipality: Problem Building By-law. Published in PG 1490 Notice Number 175 dated 11 September 2015.

49. Ethekwini Municipality: Nuisance and behaviour in public places by-law. Published in PG 1490 Notice Number 176 dated 11 September 2015.

50. Ethekwini Municipality: Museum by-law. Published in PG 1492 Notice Number 120 dated 17 September 2015.

51. Ethekwini Municipality: Municipal buildings and facilities by-law. Published in PG 1493 Notice Number 120 dated 17 September 2015.

52. Ethekwini Municipality: Libraries by-law. Published in PG 1494 Notice Number 120 dated 17 September 2015.

53. Spatial Planning and Land Use Management Act 16 of 2013: Appointment of members to the Ethekwini Municipal Planning Tribunal. Published in PG 1490 Notice Number 177 dated 11 September 2015.

54. Umngeni Local Municipality: Tree planting, felling and pruning policy. Published in PG 1500 Notice Number 181 dated 25 September 2015.

Western Cape Province

55. Breedevalley Municipality: Municipal Land Use Planning By-law. Published in PG 7485 Notice Number 310 dated 8 September 2015.

56. Hessequa Municipality: Amendment to the Land Use Planning By-law. Published in PG 7484 Notice Number 309 dated 4 September 2015.

57. Western Cape Nature Conservation Board: Declaration of the Robberg Coastal Corridor Protected Environment. Published in PG 7483 Notice Number 305 dated 4 September 2015.

58. Knysna Municipality By-laws: Published in PG 7487 dated 11 September 2015:
a. Funeral Parlours, Cemeteries and Crematoria By-law.
b. Keeping of Dogs By-law.
c. Rules of Order for Internal Arrangements By-law
d. Water and Sanitation Services By-law.

59. Theewaterskloof Municipality By-laws: Published in PG 7488 dated 11 September 2015:
e. Air Quality Management By-law.
f. Cemeteries and Crematoriums By-law.
g. Community Fire Safety By-law.
h. Electricity Supply By-law.
i. Fencing and Walls By-law.
j. Water By-law.
k. Outdoor Advertising and Signage By-law.
l. Public Amenities By-law.
m. Public Nuisances and Nuisances resulting from the Keeping of Animals By-law.
n. By-law regarding Streets.
o. Storm Water Management By-law.

60. Prince Albert Municipality: Municipal Land Use Planning By-law. Published in PG 7489 Notice Number 317 dated 14 September 2015.

61. Swellendam Municipality: By-law relating to the Impoundment of Animals and By-law relating to Special Rating Areas. Published in PG 7490 dated 14 September 2015.

62. Establishment of the Cape Town Museum as a provincial museum. Published in PG 7492 Notice Number 17 dated 24 September 2015.

63. Heritage Western Cape: Regulations for the process for publication of statements of general policy and conservation management plans. Published in PG 7497 Notice Number 324 dated 24 September 2015.

64. Formal protection of archaeological sites, landscape and natural features of cultural significance, structures and unmarked burials situated on or at the Elandsberg Nature Reserve. Published in PG 7497 Notice Number 326 dated 24 September 2015.

Eastern Cape Province

65. Disaster Management Act 57 of 2002: Declaration of a provincial state of disaster. Published in PG 3496 Notice Number 2 dated 11 September 2015.

Free-State Province

66. Setsoto Municipality: Notice of promulgation of the Standard Impoundment of Animals By-law. Published in PG 89 dated 11 September 2015.

67. Setsoto Municipality: Parking of Vehicles on Public Roads By-law. Published in PG 89 dated 11 September 2015.

68. Matjhabeng Municipality: Appointment of members to the Matjhabeng Municipal Planning Tribunal. Published in PG 90 dated 11 September 2015.

69. Matjhabeng Municipality: Municipal Land Use Planning By-law. Published in PG 90 dated 11 September 2015.

Mpumalanga Province

70. Spatial Planning and Land Use Management Act 16 of 2013: Mbombela Local Municipality: Mbombela Planning Tribunal. Published in PG 2561 Notice Number 85 dated 18 September 2015.

Northern Cape Province

71. Sol Plaatje Local Municipality: Land Use Management By-law. Published in PG 1955 Notice Number 139 dated 21 September 2015.

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

Western Cape Province

72. Proposed standard by-law on Municipal Land Use Planning. Interested persons are requested to submit written comments on or before 28 October 2015. Published in PG 7496 Notice Number 323 dated 28 September 2015.

73. Draft policy on the identification and conservation of initiation sites in the Western Cape Province. Interested persons are requested to submit written comments on or before 26 October 2015. Published in PG 7497 Notice Number 325 dated 24 September 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 October 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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