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Monthly sustainability legislation, regulation and parliamentary update – March 2013

9th April 2013

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SECTION A:  ENVIRONMENTAL (NATIONAL)

Marine Living Resources Act 18 of 1998

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1. Recognition of Small, Medium and Micro Enterprises West Coast Rock Lobster (offshore) Association as an Industry Body. Published in GG 36225 Notice Number 180 dated 15 March 2013.

2. Recognition of Fish SA as an Industry Body. Published in GG 36225 Notice Number 181 dated 15 March 2013.

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3. Recognition of South African Hake Longline Association (SAHLLA) as an Industry Body. Published in GG 36225 Notice Number 182 dated 15 March 2013.

4. Recognition of Eastern Cape Pelagic Association (ECPA) as an Industry Body. Published in GG 36225 Notice Number 183 dated 15 March 2013.

5. Recognition of South African Patagonian Tooth Fish Industry Association as an Industry Body. Published in GG 36225 Notice Number 184 dated 15 March 2013.

National Environmental Management: Air Quality Act 39 of 2004

6. Correction notice: renaming of the Waterberg National Priority Area to the Waterberg-Bojanala National Priority Area. Published in GG 36207 Notice Number 154 dated 8 March 2013.

National Environmental Management: Protected Areas Amendment Act 15 of 2009

7. Commencement date of sections 1 and 8 was 1 April 2013. Published in GG 36296 Notice Number 7 dated 27 March 2013.

National Environmental Management: Protected Areas Act 57 of 2003

8. Amendment of Schedule 2 (National Park Areas) to the Act. Published in GG 36295 Notice Number 236 dated 27 March 2013.

National Water Act 36 of 1998

9. Revision of general authorisations in terms of section 39. Published in GG 36206 Notice Number 169 dated 4 March 2013.

Promotion of Access to Information Act 2 of 2000

10. Description submitted by the Saldahna Bay Municipality in terms of section 15(1). Published in GG 36225 Notice Number 185 dated 15 March 2013.

11. Description submitted by the Department of Cooperative Governance and Traditional Affairs. Published in GG 36225 Notice Number 186 dated 15 March 2013.

National Energy Act 46 of 1999

12. Regulations regarding the qualification of inspectors. Published in GG 36226 Notice Number dated 15 March 2013.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

13. Regulations relating to the reduction of sodium in certain foodstuffs and related matters. Published in GG 36274 Notice Number 214 dated 20 March 2013.

Consumer Price Index

14. Consumer Price Index for February 2013. Published in GG 36278 Notice Number 278 dated 28 March 2013.

Local Government: Municipal Systems Act 32 of 200

15. Regulations on appointment and conditions of employment for senior managers. Published in GG 36223 Notice Number 167 dated 7 March 2013.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Compensation for Occupational Injuries and Diseases Act 130 of 1993

16. Classification of Industries. Published in GG 36255 Notice Number 225 dated 15 March 2013.

17. Rules, Forms and Particulars which shall be furnished in terms of the Act. Published in GG 36254 Notice Number 197 dated 15 March 2013.

18. Annual increase in medical tariffs for Medical Services Providers, Pharmacies, Ambulances and Hospital Groups. Published in GG 36250 Notice Number 222 dated 15 March 2013.

19. Annual increase in medical tariffs for Medical Services Providers, Pharmacies, Ambulances and Hospital Groups. Published in GG 36249 Notice Number 221 dated 15 March 2013.

20. Annual increase in medical tariffs for Medical Services Providers, Pharmacies, Ambulances and Hospital Groups. Published in GG 36248 Notice Number 220 dated 15 March 2013.

21. Annual increase in medical tariffs for Medical Services Providers, Pharmacies, Ambulances and Hospital Groups. Published in GG 36247 Notice Number 219 dated 15 March 2013.

22. Annual increase in medical tariffs for Medical Services Providers, Pharmacies, Ambulances and Hospital Groups. Published in GG 36246 Notice Number 218 dated 15 March 2013.

23. Annual increase in medical tariffs for Medical Services Providers, Pharmacies, Ambulances and Hospital Groups. Published in GG 36245 Notice Number 217 dated 15 March 2013.

24. Annual increase in medical tariffs for Medical Services Providers, Pharmacies, Ambulances and Hospital Groups. Published in GG 36244 Notice Number 216 dated 15 March 2013.

25. Annual increase in medical tariffs for Medical Services Providers, Pharmacies, Ambulances and Hospital Groups. Published in GG 36243 Notice Number 215 dated 15 March 2013.

26. Annual increase in medical tariffs for Medical Services Providers, Pharmacies, Ambulances and Hospital Groups. Published in GG 36242 Notice Number 214 dated 15 March 2013.

27. Increase of maximum amount of earnings on which the assessment of an employer shall be calculated. Published in GG 36273 Notice Number 210 dated 20 March 2013.

28. Increase in monthly pensions. Published in GG 36273 Notice Number 211 dated 20 March 2013.

29. Amendment of Schedule 4 of the Act. Published in GG 36273 Notice Number 212 dated 20 March 2013.

30. Increase of the monthly pensions of injured employees and dependants in case of death. Published in GG 36273 Notice Number 213 dated 20 March 2013.

Civil Aviation Act 13 of 2009

31. Civil Aviation Regulations, 2011. Published in GG 36218 Notice Number 164 dated 8 March 2013.

National Railway Safety Regulator Act 16 of 2002

32. Penalty Fee Amendment Regulations. Published in GG 36270 Notice Number 208 dated 20 March 2013.

Occupational Health & Safety Act 85 of 1993

33. Withdrawal of GN 34876 published on 21 December 2011. Published in GG 36258 Notice Number 201 dated 22 March 2013.

Medicines and Related Substances Act 101 of 1965

34. Regulations relating to the transparent pricing system for medicines and scheduled substances – dispensing fee for pharmacists. Published in GG 36287 Notice Number 218 dated 22 March 2013.

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

National Railway Safety Regulator Act 16 of 2002

35. Draft determination of Safety Permit Fees under section 23(2)(a). Published in GG 36268 Notice Number 207 dated 19 March 2013.

National Energy Act 34 of 2008

36. Draft Strategic Stocks Petroleum Policy and Draft Strategic Stocks Implementation Plan. Published in GG 36220 Notice Number 192 dated 8 March 2013.

National Environmental Management: Air Quality Act 39 of 2004

37. Draft regulations prescribing the atmospheric emissions licence processing fee calculator. Published in GG 36207 Notice Number 171 dated 8 March 2013.

National Road Traffic Act 93 of 1996

38. Publication of the proposed fees for public comment. Published in GG 36215 Notice Number 190 dated 8 March 2013.

Consumer Protection Act 68 of 2008

39. National Consumer Commission: Proposed Industry Code and Ombudsman Scheme. Published for public comment in GG 36253 Notice Number 224 dated 22 March 2013.

40. Intention to issue a notice regarding categories of goods that are required to have a trade description applied to them. Published in GG 36285 Notice Number 238 dated 22 March 2013.

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

Eastern Cape Province

41. Local Government: Municipal Systems Act 32 of 2000: Mbhashe Local Municipality: Promulgation of Prevention of Public Nuisances and Nuisances arising out of Keeping of Animals By-law. Published in PG 2913 Notice Number 4 dated 19 March 2013.

42. Local Government: Municipal Systems Act 32 of 2000: Mbhashe Local Municipality: Promulgation of Building Control By-law. Published in PG 2913 Notice Number 5 dated 19 March 2013.

43. Local Government: Municipal Systems Act 32 of 2000: Mbhashe Local Municipality: Promulgation of Refuse Removal and Littering By-law. Published in PG 2913 Notice Number 9 dated 19 March 2013.

44. Local Government: Municipal Systems Act 32 of 2000: Mbhashe Local Municipality: Promulgation of By-law relating to Unsightly and Neglected Buildings. Published in PG 2913 Notice Number 11 dated 19 March 2013.

45. Local Government and Traditional Affairs: the Provincial Disaster Risk Management Framework. Published in PG 2910 Notice Number 38 dated 28 March 2013.

Western Cape Province

46. Commencement date of the Western Cape Health Care Waste Management Act, 2007 and the Western Cape Health Care Waste Management Amendment Act, 2010 was 15 March 2013. Published in PG 7101 Notice Number 2 dated 8 March 2013.

47. Department of Environmental Affairs and Development Planning: Publication of the Western Cape Environmental Impact Assessment (EIA) Guidelines. Published in PG 7106 dated 22 March 2013.

Northern Cape Province

48. Promotion of Access to Information Act 2 of 2000: Promotion of Access to Information Manual. Published in PG 1676 Notice Number 16 dated 4 March 2013.

Gauteng Province

49. Rationalisation of Government Affairs Act 10 of 1998: City of Tshwane Metropolitan Municipality: Green Building Development By-law. Published in PG 79 Notice Number 328 dated 27 March 2013.

KwaZulu-Natal Province

50. Constitution of the Republic of South Africa 108 of 1996 and Local Government: Municipal Systems Act 32 of 2000: City of uMhlathuze: amendment to the Nuisance By-laws. Published in PG 922 Notice Number 24 dated 26 March 2013.

Free State Province

51. Kopanong Local Municipality: Building Regulation By-law. Published in PG 87 dated 22 March 2013.

52. Kopanong Local Municipality: Dumping and Littering By-law. Published in PG 87 dated 22 March 2013.

53. Kopanong Local Municipality: Water Services By-law. Published in PG 87 dated 22 March 2013.

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

KwaZulu-Natal Province

54. National Environmental Management: Integrated Coastal Management Act 24 of 2008 – Public consultation – intention to declare nature reserves. Published in PG 910 Notice Number 38 dated 7 March 2013.

Northern Cape Province

55. Draft Disaster Risk Management Policy Framework. Published for public comment in PG 1664 Notice Number 18 dated 4 March 2013.

Gauteng Province

56. Rationalisation of Government Affairs Act 10 of 1998: City of Johannesburg Metropolitan Municipality: Draft Waste Management By-law. Published for public comment in PG 82 Notice Number 380 dated 4 March 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 April 2013)

• Before National Assembly Committees

➢ 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)
➢ National Environmental Management Laws Amendment Bill (B13 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

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