SECTION A:  ENVIRONMENTAL (NATIONAL)

National Water Act 36 of 1998

1. Establishment of the Olifants Catchment Management Agency in terms of section 78 (3) of the Act. Published in terms of GG 38492 Notice Number 168 dated 27 February 2015.

Marine Living Resources Act 18 of 1998

2. Recognition of the Kalk Bay Historical Fishers as an interest group in terms of section 8 of the Act. Published in GG 38492 Notice Number 136 dated 27 February 2015.

National Energy Regulator Act 40 of 2004

3. Notice on the NERSA decision on the Municipal tariff guideline for 2015/16 financial year. Published in GG 38478 Notice Number 134 dated 20 February 2015.

Promotion of Access to Information Act 2 2000

4. Description submitted in terms of section 15 (1) of the Act by the Department of Human Settlements. Published in GG 38478 Notice Number 103 dated 20 February 2015.

5. Description submitted in terms of section 15 (1) of the Act by the Department of Rural Development and Land Reform. Published in GG 38478 Notice Number 104 dated 20 February 2015.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Occupational Health and Safety Act 85 of 1993

6. Publication of guidance notes to the Pressure Equipment Regulations GN R734 of July 2009. Published in GG 38505 Notice Number 167 dated 27 February 2015.

Mine Health and Safety Act 29 of 1996

7. Publication of amendment to Chapter 8 of the regulations under the Mine Health and Safety Act 29 of 1996 relating to machinery and equipment. The amendment to the Regulations only come into effect 3 months after the date of publication. Published in GG 10369 Notice Number 125 dated 27 February 2015. 

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

National Environmental Management Act 107 of 1998

8. Publication of draft regulations for admission of guilt fines. Members of the public are invited to submit written comments within 30 days of publication of this notice in the Gazette. Published in GG 38517 Notice Number 175 dated 27 February 2015.

9. Notice of final draft Environmental Management Framework for the Mapungubwe Cultural Landscape World Heritage Site. Members of the public are invited to submit written comments within 30 days of publication of this notice in the Gazette. Published in GG 38478 Notice Number 136 dated 20 February 2015.

National Environmental Management: Waste Act 59 of 2008

10. Publication of the draft National Pricing Strategy for Waste Management Charges. Members of the public are invited to submit written comments within 60 days of publication of this notice in the Gazette. Published in GG 38438 Notice Number 84 dated 2 February 2015.

11. Publication of notice of intention to amend the list of waste management activities that have, or are likely to have a detrimental effect on the environment in relation to mine residue deposits and stockpiles. Members of the public are invited to submit written comments within 30 days of publication of this notice in the Gazette. Published in GG 38472 Notice Number 130 dated 13 February 2015.

National Water Act 36 of 1998

12. Publication of draft Regulations regarding the procedural requirements for Licence Applications in terms of Section 26 (1) (k) of the Act. Members of the public are invited to submit written comments within 60 days of publication of this notice in the Gazette. Published in GG 38465 Notice Number 126 dated 12 February 2015.

13. Proposal for the establishment of the Vaal River Catchment Management Agency in terms of section 78 (3) of the Act. Members of the public are invited to submit written comments within 60 days of publication of this notice in the Gazette. Published in GG 38478 Notice Number 107 dated 20 February 2015.

National Environmental Management: Protected Areas Act 57 of 2003

14. Intention to declare certain land situated in the Western Cape Province as part of the existing West Coast National Park. Members of the public are invited to submit written comments within 60 days after publication of this notice in the Gazette. Published in GG 38478 Notice Number 135 dated 20 February 2015.

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

 

Limpopo Province

15. Limpopo Environmental Management Act 7 of 2003: Open season to hunt game. Published in PG 2470 Notice Number 19 dated 3 February 2015.

KwaZulu-Natal Province

16. Local Government Municipal System Act 32 of 2000: Edumeni Municipality: Date of implementation of By-laws which include the Electricity Supply By-law. Published in PG 1307 Notice Number 21 dated 5 February 2015.

17. Funeral, Burial and Cremation Services Act, 2002: Jozini Municipality: Cemetery and Crematoria by-laws. Published in PG 1316 Notice Number 30 dated 26 February 2015.

Western Cape Province

18. Western Cape Nature Conservation Board: Notice: National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Grootvlei Nature Reserve. Published in PG 7355 Notice Number 48 dated 20 February 2015.

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

Free State Province

19. Masilonyana Municipality: Notice of public participation to be conducted on draft municipal By-laws. The schedule for the various public participation meetings is contained in the Notice. Published in PG 105 dated 13 February 2015. The following Masilonyana Municipality draft By-laws have been listed for public participation:

The Standard Air Quality Management By-law;
The Standard District Environmental Management By-law;
The Standard Environmental Health By-law;
The Standard Fire and Emergency Services By-law;
The Standard Waste Management By-law;
The Standard Storm Water By-law;
The Standard Public Amenities By-law. 

Western Cape Province

20. Constitution of the Western Cape First Amendment Bill [B 4 – 2014]. Members of the public may submit written comment on the said Bill before or on 4 March 2015. Published in PG 7349 Notice Number 29 dated 4 February 2015.

21. Department of Environmental Affairs and Development Planning: Draft Western Cape Land Use Planning Regulations, 2015. Members of the public may submit written comment before or on 23 March 2015. Published in PG 7353 Notice Number 41 dated 16 February 2015.

KwaZulu-Natal Province

22. Publication of the KwaZulu-Natal Environmental, Biodiversity and Protected Areas Management Bill, 2014. Members of the public are invited to submit written comments within 30 days after publication of this notice in the Gazette. Published in PG 1314 Notice Number 4 dated 25 February 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:

The Mineral and Petroleum Resources Development Amendment Bill [B15B – 2013] has been sent back to the National Assembly as a result of reservations concerning the Bill’s constitutionality. 

The Expropriation Bill 2015 (B4-2015).

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