SECTION A:  ENVIRONMENTAL (NATIONAL)

National Water Act 36 of 1998

1. Modern Subsystem: Limiting the use of water in terms of Item 6 of Schedule 3 of the Act for urban and irrigation purposes from the claims within the Caldeon-Modder Subsystem. Published in GG 37421 Notice Number 177 dated 14 March 2014.

National Environmental Management: Air Quality Act 39 of 2004

2. Declaration of temporary asphalt plants as a controlled emitter and establishment of emission standards. Published in GG 37461 Notice Number 201 dated 28 March 2014.

Consumer Price Index

3. Consumer Price Index (CPI) for January 2014. Published in GG 37392 Notice Number 155 dated 7 March 2014.

Broad Based Black Economic Empowerment Act 53 of 2003

4. Extension of transitional period. Published in GG 37453 Notice Number 226 dated 18 March 2014.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Civil Aviation Act 13 of 2009

5. Fifth Amendment of the Civil Aviation Regulations: 2011. Published in GG 37417 Notice Number 166 dated 7 March 2014.

National Health Act 61 of 2003

6. Establishment of the National Forensic Pathology Services Committee. Published in GG 37430 Notice Number 178 dated 11 March 2014.

7. Commencement date of sections 36, 37, 38, 39 and 40 of the Act came into effect on 1 April 2014. Published in GG 37501 Notice Number 21 dated 31 March 2014.

Marketing of Agricultural Products Act 47 of 1996

8. Establishment of statutory measure: records and returns by exporters, importers, processors and purchasers of cotton. Published in GG 37461 Notice Number 198 dated 28 March 2014.

9. Establishment of statutory measure: records and returns by exporters, importers, processors and purchasers of cotton. Published in GG 37461 Notice Number 199 dated 28 March 2014.

10. Establishment of statutory measure and determination of guideline prices: levy relating to cotton lint. Published in GG 37461 Notice Number 200 dated 28 March 2014.

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

National Environmental Management: Air Quality Act 39 of 2004

11. Draft National Pollution Prevention Plans Regulations. Written representations must be submitted within 30 days from the publication date of this notice. Published in GG 37421 Notice Number 171 dated 7 March 2014.

12. Notice of intention to declare greenhouse gases as priority air pollutants. Written representations must be submitted within 30 days from the publication date of this notice. Published in GG 37421 Notice Number 172 dated 7 March 2014.

National Railway Safety Regulator Act 16 of 2002

13. Draft determination of safety permit fees. Written representations must be submitted within 10 days from the publication date of this notice. Published in GG 37421 Notice Number 193 dated 14 March 2014.

Civil Aviation Act 13 of 2009

14. Proposed amendment to the Aviation Technical Standards, 2011. Written representations must be submitted on or before 14 April 2014. Published in GG 37439 Notice Number 180 dated 14 March 2014.

Marketing of Agricultural Products Act 47 of 1996

15. Request for the establishment of statutory measures relating to levies, registration and record and returns on imported chicken products. Directly affected groups are requested to submit comments on or before 11 April 2014. Published in GG 37461 Notice Number 230 dated 28 March 2014.

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

North West Province

16. North West Department of Economic Development, Environment, Conservation and Tourism: The North West Hunting Regulations 2014. Published in PG 7238 Notice Number 4 dated 4 March 2014.

Northern Cape Province

17. Northern Cape Heritage Resource Authority Act 9 of 2013. The Premier has assented to the Act and it has been published for general information. The Act comes into operation on a date fixed by the Premier by proclamation in the Provincial Gazette. Published in PG 1784 Notice Number 4 dated 5 March 2014.

18. The Northern Cape Heritage Resources Authority Act 9 of 2013 came into effect on 1 April 2014. Published in PG 1791 Notice Number 6 dated 28 March 2014. 

Eastern Cape Province

19. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of nature reserves and protected environments. Published in PG 3144 Notice Number 18 dated 17 March 2014.

20. National Environmental Management: Integrated Coastal Management Act 24 of 2008: Eastern Cape Coastal Management Programme. Published in PG 3150 Notice Number 83 dated 26 March 2014.

21. National Environmental Management Act 107 of 1998: Eastern Cape Environmental Implementation Plan. Published in PG 3149 Notice Number 82 dated 24 March 2014.

Limpopo Province

22. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Building Regulations By-law. Published in PG 2332 Notice Number 33 dated 19 March 2014.

23. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Waste Management By-law. Published in PG 2331 Notice Number 31 dated 19 March 2014.

24. Local Government: Municipal Systems Act 32 of 2000: Makhado Municipality: Food Handling By-law. Published in PG 2331 Notice Number 32 dated 19 March 2014.

25. Disaster Management Act 57 of 2002: Declaration of a local state of disaster. Published in PG 2334 Notice Number 102 dated 28 March 2014.

Gauteng Province

26. Local Government: Municipal Systems Act 32 of 2000: Midvaal Local Municipality: Amendment to the Fire Safety By-law. Published in PG 70 Notice Number 862 dated 26 March 2014.

Western Cape Province

27. Swartland Municipality: Repeal and replacement of Zoning Scheme Regulations. Published in PG 7228 Notice Number 37 dated 20 March 2014.

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

Gauteng Province

28. National Environmental Management: Protected Areas Act 57 of 2008: Intention to declare an area as a nature reserve: Voortrekker Monument Nature Reserve. Published in PG 52 Notice Number 618 dated 5 March 2014.

29. National Environmental Management: Protected Areas Act 57 of 2008: Intention to declare an area as a nature reserve: Groenkloof Nature Reserve. Published in PG 52 Notice Number 619 dated 5 March 2014.

30. National Environmental Management: Protected Areas Act 57 of 2008: Intention to declare an area as a nature reserve: Klapperkop Nature Reserve. Published in PG 52 Notice Number 620 dated 5 March 2014.

31. National Environmental Management: Protected Areas Act 57 of 2008: Intention to declare an area as a nature reserve: Rietvlei Nature Reserve. Published in PG 52 Notice Number 621 dated 5 March 2014.

32. National Environmental Management: Protected Areas Act 57 of 2008: Intention to declare an area as a nature reserve: Roodeplaat Nature Reserve. Published in PG 52 Notice Number 622 dated 5 March 2014.

Northern Cape Province

33. Northern Cape Planning and Development Act 7 of 1998: Tsantsabane Local Municipality: Intention to develop the Spatial Development Framework/Land Development Plan. Published in PG 1786 Notice Number 25 dated 10 March 2014.

34. Notice is hereby given that the Tsantsabane Municipality is in the process of compiling a draft zoning scheme, land development procedures and regulations for the area of jurisdiction of Tsantsabane Municipality. Published in PG 1786 Notice Number 26 dated 10 March 2014.

35. Department of Rural Development and Land Reform: compiling a draft zoning scheme, land development procedures and regulations for the //Khara Hais Municipality. Published in PG 1792 Notice Number 36 dated 31 March 2014. .

Mpumalanga Province

36. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare the De Berg Protected Environment. Members of the public are invited to submit written comments within 60 days of its publication. Published in PG 2279 Notice Number 99 dated 28 March 2014.

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 2 April 2014)

• Before National Assembly Committees

➢ Medicines and Related Substances Amendment Bill (B6 of 2014)
➢ National Water Amendment Bill (B4 of 2014)
➢ Infrastructure Development Bill (B49 of 2013)
➢ National Environmental Management: Waste Amendment Bill (B32 of 2013)
➢ Marine Living Resources Amendment Bill (B30 of 2013)
➢ Water Research Amendment Bill (B29 of 2013)
➢ National Environmental Management: Protected Areas Amendment Bill (B28 of 2013)
➢ National Environmental Management: Air Quality Amendment Bill (B27 of 2013)
➢ National Environmental Management Laws Third Amendment Bill (B26 of 2013)
➢ Mineral and Petroleum Resources Development Amendment Bill (B15 of 2013)
➢ National Environmental Management: Integrated Coastal Management Amendment Bill (B8 – 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