SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

1. Regulations relating to the procedure to be followed when oral requests are made in terms of section 30A. Published in GG 10412 Notice Number 310 dated 10 April 2015.

National Environmental Management: Biodiversity Act 10 of 2004

2. Biodiversity Management Plan for African Lion (Panthera Leo). Published in GG 38706 Notice Number 351 dated 17 April 2015.

Promotion of Access to Information Act 2 of 2000

3. Description submitted in terms of section 15 (1): Eastern Cape Provincial Government: Office of the Premier, publication of automatically available records and access to such records. Published in GG 38693 Notice Number 321 dated 17 April 2015.

4. Description submitted in terms of section 15 (1): Eastern Cape Provincial Government: Umhlathuze Municipality, publication of automatically available records and access to such records. Published in GG 38693 Notice Number 322 dated 17 April 2015

5. Manual in Accordance with the Promotion of Access to Information Act 2 of 2000: Department of Finance. Published in GG 38685 dated 17 April 2015.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Mine Health and Safety Act 29 of 1996

6. Regulations relating to Competencies for Electricity. Published in GG 10415 Notice Number 330 dated 24 April 2015.

7. Notice of Repeal of Chapter 21 of the Regulations made in terms of the Mineral Act 50 of 1991. Chapter 21 relates to Electricity. Published in GG 10415 Notice Number 331 dated 24 April 2015.

8. Regulations relating to Electricity. Published in GG 10415 Notice Number 332 dated 24 April 2015.

Occupational Health and Safety Act 85 of 1993

9. Notice of Directive in terms of section 7 (1) of the Act to all employers in Class XXI: Medical services, Animal hospitals etc., of the classification of industries in terms of protection of the health and safety of employees at work, including a description of the organization and the arrangements for carrying out and reviewing that policy within two (2) years from the date of the notice. Published in GG 38707 Notice Number 335 dated 24 April 2015.

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

National Environmental Management: Air Quality Act 39 of 2004

10. Draft Waterberg Bojanala Priority Area Air Quality Management Plan. 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 38707 Notice Number 364 dated 24 April 2015.

Marine Living Resources Act 18 of 1999

11. Proposed Regulations relating to Small-Scale Fishing. 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 10422 Notice Number 361 dated 28 April 2015.

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

 

Free State Province

12. Masilonyana Local Municipality: Adoption of standard by-laws. Published in PG 2 dated 10 April 2015. The Standard by-laws for adoption include but are not limited to:

Standard Cemeteries and Crematoria By-law;
Standard Control of Collections By-law;
Standard Electricity Supply By-law;
Standard Refuse Removal By-law;
Standard Air Quality Management By-law;
Standard District Environmental Management By-law;
Standard Environmental Health By-law

Limpopo Province

13. Spatial Planning and Land Use Management Act 16 of 2013: Lepelle-Nkumpi Municipality: Notice of establishment of Municipal Tribunal. Published in PG 2496 Notice Number 100 dated 10 April 2015.

Western Cape Province

14. Heritage Western Cape: Amendment of Regulations made by the Heritage Western Cape Department. Published in PG 7378 dated 17 April 2015.

Mpumalanga Province

15. Constitution of the Republic of South Africa, 1996: Umjindi Local Municipality: Waste Management By-laws. Published in PG 2453 Notice Number 33 dated 24 April 2015.

SECTION E: 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 30 April 2015):

1. Plant Improvement Bill (B8 of 2015)
2. Disaster Management Amendment Bill (B10 – 2015)
3. Plant Breeders Rights Bill (B11 of 2015)
4. Medicines and Related Substances Amendment Bill (B6 of 2014)
5. Mineral and Petroleum Resources 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