SECTION A:  ENVIRONMENTAL (NATIONAL)

Mineral and Petroleum Resources Development Amendment Act 49 of 2008

1. Amendment of Proclamation 14 of 2013 dated 31 May 2013 (commencement date of the Amendment Act was 7 June 2013) but now with the exception of certain sections of the Amendment Act. Published in GG 36541 Notice Number 17 dated 6 June 2013.

Agricultural Product Standards Act 119 of 1990

2. Amendment to the regulations relating to the classification, packing and marking of fruit juice and drink intended for sale in the Republic of South Africa.

3. Regulations relating to the grading, packing and marking of malting barley intended for sale in the Republic of South Africa. Published in GG 36587 Notice Number 443 dated 21 June 2013.

National Water Act 36 of 1998

4. Nominations for chairperson, deputy chairperson and additional members of the Water Tribunal. Published in GG 36568 Notice Number 615 dated 14 June 2013.

Merchant Shipping Act 57 of 1951

5. Merchant Shipping (Safe Manning, Training and Certification) Regulations 2013. Published in GG 36578 Notice Number 432 dated 18 June 2013.

Marine Living Resources Act 18 of 1998

6. Declaration of the Prince Edward Islands Marine Protected Area. Published in GG 36575 Notice Number 426 dated 21 June 2013.

7. Withdrawal notice of Government Notice No. 251, published in Government Gazette 36307 on 5 April 2013, which declared the Prince Edward Islands Marine Protected Area; and Government Notice No. 252, published in Government Gazette 36307 on 5 April 2013, which contained the Regulations for the Management of the Prince Edward islands Marine Protected Area. Published in GG 36575 Notice Number 427 dated 21 June 2013.

8. Regulations for the management of the Prince Edward Island Marine Protected Area. Published in GG 36572 Notice Number 422 dated 21 June 2013.

National Energy Regulator Act 40 of 2004

9. Nominations of candidates to serve as part-time regulatory members for the National Energy Regulator of South Africa (NERSA). Published in GG 36592 Notice Number 645 dated 28 June 2013.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Occupational Health & Safety Act 85 of 1993

10. Amendment of the submission period of the crystalline silica air monitoring report. Published in GG 36548 Notice Number 408 dated 7 June 2013.

11. Occupational Health and Hygiene Approved Inspection Authorities: list of basic equipment, list of tertiary institutions for legal knowledge examination and reporting format. Published in GG 36586 Notice Number 442 dated 28 June 2013.

Medicines and Related Substances Act 101 of 1965

12. Exclusion of certain medicines from the operation of certain provisions of the Act. Published in GG 36551 Notice Number 409 dated 10 June 2013.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

13. Regulations relating to foodstuffs for infants and young children: extend the compliance and transitional measure period. Published in GG 36579 Notice Number 433 dated 18 June 2013

14. Amendment to the regulations relating to foodstuffs for infants and young children. Published in GG 36579 Notice Number 434 dated 18 June 2013

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

Merchant Shipping (Civil Liability Convention) Bill 2013

15. Intention to introduce the bill into Parliament in terms of Rule 241(1)(b) of the National Assembly. Published in GG 36561 Notice Number 608 dated 13 June 2013.

Merchant Shipping (International Oil Pollution Compensation Fund) Bill 2013

16. Intention to introduce the bill into Parliament in terms of Rule 241(1)(b) of the National Assembly. Published in GG 36561 Notice Number 609 dated 13 June 2013.

Publication of Explanatory Summary

17. Of the Merchant Shipping (International Oil Pollution Compensation Fund) Contributions Bill and Merchant Shipping (International Oil Pollution Compensation Fund) Bill. Published in GG 36591 Notice Number 640 dated 21 June 2013.

Marketing of Agricultural Products Amendment Bill 2013

18. All interested parties are invited to submit comments on the Bill within 60 days of the publication date of this notice. Published in GG 36562 Notice Number 610 dated 14 June 2013.

South African Weather Service Amendment Bill 2013

19. The Department of Environmental Affairs has published an explanatory summary of the Bill. Published in GG 36559 Notice Number 607 dated 14 June 2013.

Disaster Management Amendment Bill 2013

20. All interested parties are invited to submit comments on the Bill on or before 28 July 2013. Published in GG 36580 Notice Number 637 dated 19 June 2013.

Civil Aviation Act 13 of 2009

21. Draft amendment to the Civil Aviation Regulations 2011. Published in GG 36562 Notice Number 610 dated 14 June 2013.

National Environmental Management Act 107 of 1998

22. Intention to establish accreditation standards for a panel of environmental mediators. Published in GG 36585 Notice Number 638 dated 21 June 2013.

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

Gauteng Province

23. Local Government: Municipal Systems Act 32 of 2000: Mogale City Local Municipality: Water Services By-law. Published in PG 156 Notice Number 754 dated 10 June 2013.

24. Gauteng Management Agency Act 2006: Transfer of the Gautrain System Assets from the Gauteng Department of Roads and Transport to the Gautrain Management Agency. Published in PG 174 Notice Number 1620 dated 27 June 2013.

Northern Cape Province

25. Francis Baard Municipality: Air Quality Management By-Law. Published in PG 1702 dated 21 June 2013.

26. Francis Baard Municipality: Noise Control By-Law. Published in PG 1702 dated 21 June 2013.

27. Francis Baard Municipality: Municipal Health By-law. Published in PG 1702 dated 21 June 2013.

Limpopo Province

28. Local Government: Municipal Systems Act 32 of 2000: Thabazimbi Local Municipality: Drainage By-law. Published in PG 2214 Notice Number 89 dated 27 June 2013.

29. Local Government: Municipal Systems Act 32 of 2000: Thabazimbi Local Municipality: Water Supply By-law. Published in PG 2214 Notice Number 89 dated 27 June 2013.

Western Cape Province

30. Western Cape Biosphere Reserves Regulations 2013. Published in PG 7136 Notice Number 182 dated 14 June 2013.

31. Kannaland Municipality: Integrated Waste Management By-law 2013. Published in PG 7137 dated 14 June 2013.

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

Northern Cape Province

32. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare the Melkrivier Nature Reserve. Published in PG 1698 Notice Number 38 dated 3 June 2013.

33. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare the Tswalu Kalahari Nature Reserve. Published in PG 1698 Notice Number 39 dated 3 June 2013.

34. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare the Wit Clay Gat Nature Reserve. Published in PG 1698 Notice Number 40 dated 3 June 2013.

35. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare the Bloemfontein Nature Reserve. Published in PG 1698 Notice Number 38 dated 3 June 2013.

Mpumalanga Province

36. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare a protected environment. Published in PG 2181 Notice Number 209 dated 21 June 2013.

North-West Province

37. Nature Conservation Ordinance 12 of 1983, Bophuthatswana Nature Conservation Act 1973 and Cape nature and Environmental Conservation Ordinance 19 of 1974: Draft norms and standards for the import, export, transport, capture and keeping of birds in the North West Province. Published in PG 7121 Notice Number 271 dated 20 June 2013.

38. National Environmental Management: Protected Areas Act 57 of 2003: Draft guidelines for the development of protected areas management plans in the North West Province. Published in PG 7121 Notice Number 272 dated 20 June 2013

39. Nature Conservation Ordinance 12 of 1983, Bophuthatswana Nature Conservation Act 1973 and Cape nature and Environmental Conservation Ordinance 19 of 1974: Draft alien species regulations for the North West Province. Published in PG 7121 Notice Number 273 dated 20 June 2013.

40. Nature Conservation Ordinance 12 of 1983, Bophuthatswana Nature Conservation Act 1973 and Cape nature and Environmental Conservation Ordinance 19 of 1974: Draft amendment to the North West Fencing Policy. Published in PG 7121 Notice Number 274 dated 20 June 2013.

Gauteng Province

41. Draft Gauteng Planning and Development Bill 2012. Published for public comment in PG 128 Notice Number 1202 dated 10 May 2013.

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 July 2013)

• Before National Assembly Committees

➢ Mineral and Petroleum Resources Development Amendment Bill (B15 of 2013)
➢ National Environmental Management Laws Second Amendment Bill (B13 of 2013)
➢ National Environmental Management: Integrated Coastal Management Amendment Bill (B8 – 2013)
➢ Tourism Bill (B44 – 2012)
➢ Fertilizers and Feeds Bill (B 41 -2012)  
➢ Broad-Based Black Economic Empowerment Amendment Bill (B 42 -2012) 
➢ Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill (B 40 -2012) 
➢ Mental Health Care Amendment Bill (B39 of 2012)
➢ Spatial Planning and Land Use Management Bill (B4 of 2012)

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