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Warburton Attorneys Monthly Sustainability Legislation, Regulation And Parliamentary Update July 2011

10th August 2011

By: Creamer Media Reporter

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SECTION A: ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

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1. Regulations relating to the admission of guilt fines. Published in GG 34448 Notice Number 574 dated 15 July 2011.

National Environmental Management: Biodiversity Act 10 of 2004

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2. Amendments to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) regulations. Published in GG 34452 Notice Number 575 dated 11 July 2011.

3. Threatened or Protected Species Amendment Regulations, 2011. Published in GG 34453 Notice Number 576 dated 11 July 2011.

National Heritage Resources Act 25 of 1999

4. South African Heritage Resources Agency: Declaration of the Voortrekker Monument. Published in GG 34421 Notice Number 549 dated 8 July 2011.

National Forests Act 84 of 1998

5. Transfer of administration and powers and functions entrusted to the Minister of Agriculture, Forestry and Fisheries in terms of section 97 of the Constitution of the Republic of South Africa, Act 108 of 1996. Published in GG 34462 Notice Number 44 dated 22 July 2011.

National Water Act 36 of 1998

6. Final allocation schedule in terms of section 47 of the Act for the Tosca Molopo Geographic Area. Published in GG 34474 Notice Number 606 dated 22 July 2011.

Merchant Shipping (Safe Containers Convention) Act 10 of 2011

7. Published for general information in GG 34460 Notice Number 581 dated 14 July 2011.

Promotion of Access to Information Act 2 of 2002

8. Description submitted in terms of section 15(1). Published in GG 34422 Notice Number 547 dated 8 July 2011.

SECTION B: SAFETY AND HEALTH (NATIONAL)

International Trade Administration of South Africa

9. Article 53.1 of the Anti-Dumping Regulations: date of termination of any definitive anti-dumping duty. Published in GG 34478 Notice Number 495 dated 29 July 2011.

Occupational Diseases in Mines and Works Act 78 of 1973

10. Increase of levies. Published in GG 34462 Notice Number 598 dated 22 July 2011.

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

National Environmental Management: Protected Areas Act 57 of 2003

11. Intention to declare certain land situated in the Herbert Registration Divisions, Northern Cape Area as part of the Mokola National Park. Published in GG 34447 Notice Number 461 dated 15 July 2011.

12. Intention to declare certain land situated in the Jansenville and Uitenhage Registration Divisions, Eastern Cape Area as part of the Addo Elephant National Park. Published in GG 34447 Notice Number 462 dated 15 July 2011.

13. Intention to declare certain land situated in the Bredasdorp Registration Divisions, Western Cape Province as part of the Agulhas National Park. Published in GG 34447 Notice Number 463 dated 15 July 2011.

14. Intention to declare certain land situated in the Namaqualand Registration Divisions, Northern Cape Province as part of the Namaqua National Park. Published in GG 34447 Notice Number 464 dated 15 July 2011.

15. Intention to declare certain land situated in the Ceres Registration Divisions, Northern Cape Province as part of the Tankwa Karoo National Park. Published in GG 34447 Notice Number 465 dated 15 July 2011.

National Environmental Management: Waste Act 59 of 2008

16. Waste Tyre Regulations, 2009: Draft Integrated Industry Waste Tyre Management Plan for the Recycling and Economic Development Initiative of South Africa (REDISA). Published for public comment in GG 34442 Notice Number 457 dated 8 July 2011.

National Environmental Management: Biodiversity Act 10 of 2004

17. Draft Biodiversity Management Plan for Pelargorium Sidoides (Geranium). Published in GG 34487 Notice Number 501 dated 29 July 2011.

Consumer Protection Act 68 of 2008

18. Publication of the Report on Expression of Interest (EOI): Published for public comment in GG 34446 Notice Number 460 dated 8 July 2011.

19. National Consumer Commission: Guidelines for advisory opinions and clarifications. Published for public comment in GG 34426 Notice Number 438 dated 1 July 2011.

20. National Consumer Commission: Final enforcement guidelines relating to the internal enforcement functions of the Commission in order to give effect to the Act. Published in GG 34484 Notice Number 492 dated 25 July 2011.

21. National Consumer Commission: Draft consumer product safety recall guidelines. Published for public comment in GG 34471 Notice Number 486 dated 18 July 2011.

Local Government: Municipal Systems Amendment Act 7 of 2011

22. Published in GG 34433 Notice Number 559 dated 5 July 2011.

Medicines and Related Substances Act 101 of 1965

23. Draft regulations: medical devices. Published in GG 34463 Notice Number 586 dated 22 July 2011.

24. Draft amendment to the general regulations. Published in GG 34463 Notice Number 587 dated 22 July 2011.

25. Draft regulations for the transparent pricing system for medicines and scheduled substances (information to be supplied by pharmacist). Published in GG 34468 Notice Number 584 dated 18 July 2011.

National Regulator for Compulsory Specifications Act 5 of 2008

26. Proposed introduction of a compulsory specification for safety glazing for materials for buildings. Published in GG 34463 Notice Number 595 dated 22 July 2011.

27. Proposed introduction of a new compulsory specification for live aquacultured abalone (VC 9001). Published in GG 34463 Notice Number 596 dated 22 July 2011.

28. Proposed amendment to the compulsory specification for motor vehicles of category 01/02. Published in GG 34463 Notice Number 597 dated 22 July 2011.

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

Free State Province

29. Amendment of Provincial Notice 7 of 2011 by Amendment Notice 9 of 2011. Published in PG 31 dated 24 June 2011.

30. Amendment of Provincial Notice 10 of 2011 as corrected by Correction Notice of 17 May 2010. Published in PG 31 dated 24 June 2011.

Gauteng Province

31. National Heritage Resources Act 25 of 1999: Provisional Heritage Resources Authority: Formal protection: Erven 16, 17 and 18 of remainder of Erf 96, Melrose Estate. Published in PG 150 Notice Number 1849 dated 13 July 2011.

32. National Heritage Resources Act 25 of 1999: Provisional Heritage Resources Authority: Formal protection: Erf 1252/R, Meat Board Building. Published in PG 150 Notice Number 1850 dated 13 July 2011.

33. National Heritage Resources Act 25 of 1999: Provisional Heritage Resources Authority: Formal protection: Kippies Jazz Club. Published in PG 150 Notice Number 1851 dated 13 July 2011.

34. National Heritage Resources Act 25 of 1999: Provisional Heritage Resources Authority: Formal protection: Erf 358, Old Alberton Police Station. Published in PG 150 Notice Number 1852 dated 13 July 2011.

35. National Heritage Resources Act 25 of 1999: Provisional Heritage Resources Authority: Formal protection: Erf 120, House Eikenlaan (Mikes Kitchen). Published in PG 150 Notice Number 1853 dated 13 July 2011.

36. National Heritage Resources Act 25 of 1999: Provisional Heritage Resources Authority: Formal protection: Beacon Royal. Published in PG 150 Notice Number 1854 dated 13 July 2011.

37. National Heritage Resources Act 25 of 1999: Provisional Heritage Resources Authority: Formal protection: Lilian Ngoyi House. Published in PG 150 Notice Number 1855 dated 13 July 2011.

38. National Heritage Resources Act 25 of 1999: Provisional Heritage Resources Authority: Formal protection: Klipriviersberg Nature Reserve. Published in PG 150 Notice Number 1856 dated 13 July 2011.

39. National Heritage Resources Act 25 of 1999: Provisional Heritage Resources Authority: Formal protection: Erf 291, Herman Charles Bosman House. Published in PG 150 Notice Number 1857 dated 13 July 2011.

40. National Heritage Resources Act 25 of 1999: Provisional Heritage Resources Authority: Formal protection: Gandhi House. Published in PG 150 Notice Number 1858 dated 13 July 2011.

41. National Heritage Resources Act 25 of 1999: Provisional Heritage Resources Authority: Formal protection: Erf 1225, Kirchoff Building. Published in PG 150 Notice Number 1859 dated 13 July 2011.

42. National Heritage Resources Act 25 of 1999: Provisional Heritage Resources Authority: Formal protection: Credo Mutwa Village. Published in PG 150 Notice Number 1860 dated 13 July 2011.

43. National Heritage Resources Act 25 of 1999: Provisional Heritage Resources Authority: Formal protection: Erf 482-487, Ellis Park Triangle Cottages. Published in PG 150 Notice Number 1861 dated 13 July 2011.

44. National Heritage Resources Act 25 of 1999: Provisional Heritage Resources Authority: Formal protection: Erven 927 and 928, Berea Fire Station. Published in PG 150 Notice Number 1862 dated 13 July 2011.

45. National Heritage Resources Act 25 of 1999: Provisional Heritage Resources Authority: Formal protection: Erven 1173, 1175, 1199, 1203 and 1208, Dadoo Block. Published in PG 150 Notice Number 1863 dated 13 July 2011.

46. National Heritage Resources Act 25 of 1999: Provisional Heritage Resources Authority: Formal protection: Erf 1345, Alberton Farmhouse. Published in PG 150 Notice Number 1864 dated 13 July 2011.

47. National Heritage Resources Act 25 of 1999: Provisional Heritage Resources Authority: Formal protection: Erf 119 IR, Wemmer Pan Precinct. Published in PG 150 Notice Number 1865 dated 13 July 2011.

48. National Heritage Resources Act 25 of 1999: Provisional Heritage Resources Authority: Formal protection: Erven 1526171819, House Seymour. Published in PG 150 Notice Number 1866 dated 13 July 2011.

Limpopo Province

35. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of Charges: Cemetery By-law. Published in PG 1958 Notice Number 227 dated 13 July 2011.

36. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of Charges: Drainage By-law. Published in PG 1958 Notice Number 231 dated 13 July 2011.

37. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of Charges: Refuse Removal By-law. Published in PG 1958 Notice Number 233 dated 13 July 2011.

38. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of Charges: Electricity By-law. Published in PG 1958 Notice Number 234 dated 13 July 2011.

39. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of Charges: Building By-law. Published in PG 1958 Notice Number 235 dated 13 July 2011.

40. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of Charges: Control of Inflammable Liquids and Substances By-law. Published in PG 1958 Notice Number 240 dated 13 July 2011.

41. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of Charges: Abattoir By-law. Published in PG 1958 Notice Number 245 dated 13 July 2011.

42. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of Charges: Water Supply By-law. Published in PG 1958 Notice Number 247 dated 13 July 2011.

43. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Determination of Charges: Aerodrome By-law. Published in PG 1958 Notice Number 249 dated 13 July 2011.

44. Local Government: Municipal Systems Act 32 of 2000: Lephalale Local Municipality: Water Supply and Sanitation Services By-law. Published in PG 1951 Notice Number 223 dated 5 July 2011.

Mpumalanga Province

45. Mpumalanga Conservation Act 10 of 1998: Publication of revised tariffs for permits, licences and exemption fees. Published in PG 1946 Notice Number 178 dated 1 July 2011.

North West Province

46. National Environmental Management Act, 2010: notice in terms of regulation 5(4) of the Environmental Impact Assessment Regulations, 2010. Published in PG 6909 Notice Number 167 dated 1 July 2011.

Western Cape Province

47. City of Cape Town: Traffic By-law, 2011. Published in PG 6892 dated 22 July 2011.

48. Mossel Bay Municipality: By-law relating to the Control of the Seashore and Sea. Published in PG 6879 dated 3 June 2011.

49. Mossel Bay Municipality: By-law relating to the Cemeteries and Crematoria. Published in PG 6879 dated 3 June 2011.

KwaZulu-Natal Province

50. KwaZulu-Natal Heritage: new submission fees, entrance fees and special hearing rates, Published in PG 602 Notice Number 84 dated 14 July 2011.

51. KwaZulu-Natal Nature Conservation Management Act 9 of 1997: Appointment of persons to the KwaZulu-Natal Nature Conservation Board. Published in PG 609 Notice Number 81 dated 28 July 2011.

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

North West Province

52. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare the remaining extent of portion 2, farm Donkerhoek 312 JQ and incorporate it into the Rustenburg Nature Reserve. Published in PG 6911 Notice Number 171 dated 12 July 2011.

KwaZulu-Natal Province

53. Local Government: Municipal Structures Act 117 of 1998: Notice in terms of section 16(3)(c): Uthungulu, Vulamehlo and Ugu Municipalities. Published in PG 608 Notice Number 72 dated 25 July 2011.

Northern Cape Province

54. Northern Cape Planning and Development Act 7 of 1998, Local Government: Municipal Systems Act 32 of 2000 and Land Use Management Bill (Notice 280 of 2011): Sol Plaatje Municipality: Notice of intent to promulgate the SMP Integrated Land Use Management Scheme. Published in PG 1532 Notice Number 61 dated 25 July 2011.

Western Cape Province

55. Cape Nature Conservation Board: Intention to declare nature reserves. Published in PG 6894 dated 29 July 2011.

56. Western Cape Biosphere Reserves Bill (Bill Number 5 of 2011). Published in PG 6895 Notice Number 190 dated 29 July 2011.

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 August 2011)

• Before National Assembly Committees

➢ Constitution Eighteen Amendment Bill (B8 – 2011)
➢ Constitution Seventeenth Amendment Bill (B6 - 2011)
➢ Science and Technology Laws Amendment Bill (B5 – 2011)
➢ Appropriation Bill (B3 – 2011)
➢ Rural Development and Land Reform General Amendment Bill (B33 - 2010)
➢ Merchant Shipping (Safe Containers Convention) Bill (B31 - 2010)
➢ Local Government: Municipal Systems Amendment Bill (B22 - 2010)
➢ Deeds Registries Amendment Bill (B13 - 2010)
➢ Protection of Information Bill (B6 - 2010)
➢ Protection from Harassment Bill (B1 - 2010)
➢ Protection of Personal Information Bill (B9 - 2009)
➢ Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Bill (B3 - 2009)

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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