SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

1. National Appeal Amendment Regulations. Published in GG 38559 Notice Number 205 dated 12 March 2015.

Spatial Planning and Land Use Management Act 16 of 2013

2. Publication of Regulations made in terms of section 54 of the Act. Published in GG 38594 Notice Number 239 dated 23 March 2015.

National Water Act 36 of 1998

3. Restrictions on the use of water for domestic, industrial and agricultural use from the Algoa Water Supply System, in the Mzimvubu-Tsitsikama Water Use Management Area (WMA) in the Eastern Cape Province. Published in GG 38596 Notice Number 240 dated 24 March 2015.

4. Final allocation schedule in terms of section 47 for the Mlathuze River Catchment. Published in GG 38599 Notice Number 242 dated 25 March 2015.

National Environmental Management: Biodiversity Act 10 of 2004

5. Shark Biodiversity Management Plan. Published in GG 38607 Notice Number 258 dated 25 March 2015.

National Environmental Management: Air Quality Act 39 of 2004

6. National Atmospheric Emission Reporting Regulations. Published in GG 38633 Notice Number 283 dated 2 April 2015.

7. Amendments to the Regulations Prescribing the Format of the Atmospheric Impact Report, 2013.  Published in GG 38633 Notice Number 284 dated 2 April 2015.

Consumer Price Index

8. Consumer Price Index for February 2015. Published in GG 38602 Notice Number 265 dated 27 March 2015.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Basic Conditions of Employment Act 75 of 1997

9. Amendment of Sectorial Determination 12, Forestry Worker, South Africa. Published in GG 38562 Notice Number 208 dated 13 March 2015.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

10. Classification of Industries. Published in GG 38650 Notice Number 279 dated 1 April 2015.

11. Increase of maximum amount of earnings on which the assessment of an employer shall be calculated. Published in GG 38643 Notice Number 272 dated 30 March 2015.

12. Increase in monthly pensions. Published in GG 38643 Notice Number 273 dated 30 March 2015.

13. Amendment of Schedule 4 of the Act. Published in GG 38643 Notice Number 274 dated 30 March 2015.

Agricultural Product Standards Act 119 of 1990

14. Regulations relating to the classification, packing and marking of dairy products and imitation dairy products intended for sale in the Republic of South Africa. Published in GG 38615 Notice Number 260 dated 27 March 2015.

Perishable Products Export Control Act 9 of 1983

15. Imposition of levies on perishable products. Published in GG 38602 Notice Number 66 dated 27 March 2015.

16. Imposition of levies on perishable products. Published in GG 38602 Notice Number 67 dated 27 March 2015.

Plant Breeders’ Rights Act 15 of 1976

17. Publication of all aspects of plant breeders rights. Published in GG 38602 Notice Number 248 dated 27 March 2015.

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947

18. Amendment to the regulations relating to the registration of fertilizers, farm feeds, agricultural remedies, stock remedies, sterilizing plants and pest control operators: appeals and imports. Published in GG 38656 Notice Number 285 dated 31 March 2015. 

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

Marine Living Resources Act 19 of 1998

19. Proposed Regulations relating to Small Scale Fishing. Members of the public are invited to submit written comments within 30 days of publication of this notice in the Gazette. Published in GG 38536 Notice Number 184 dated 6 March 2015.

National Forests Act 84 of 1998

20. Publication of the National Forests Amendment Bill, 2015. Members of the public are invited to submit written comments within 30 days of publication of this notice in the Gazette. Published in GG 38533 Notice Number 143 dated 13 March 2015.

National Environmental Management: Air Quality Act 39 of 2004

21. Intention to declare small-scale char plants and small-scale charcoal plants as controlled emitters. Members of the public are invited to submit written representations or objections within 30 days after the publication of the notice in the gazette. Published in GG 38623 Notice Number 286 dated 2 April 2015.

National Environmental Management: Biodiversity Act 10 of 2004

22. Draft Biodiversity Management Plan for White Rhinoceros (Ceratotherium simum). 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 38619 Notice Number 269 dated 31 March 2015.

23. Intention to make regulations relating to listed threatened or protected species. 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 38600 Notice Number 255 dated 31 March 2015.

24. Intention to publish lists of species that are threatened or in need of protection and activities that are prohibited and exempt from restriction. 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 38600 Notice Number 256 dated 31 March 2015.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

25. Intention to increase the minimum level of pension on the Compensation Fund. Written comments must be submitted before 31 March 2015. Published in GG 38644 Notice Number 275 dated 30 March 2015.

26. Intention to increase the minimum level of pension on the Compensation Fund. Published in GG 38644 Notice Number 276 dated 30 March 2015.

National Energy Act 34 of 2008

27. Draft regulations regarding registration, reporting on energy management and submission of energy management plans. Interested persons are invited to submit written comments within 60 days. Published in GG 38614 Notice Number 259 dated 27 March 2015.

National Energy Regulator of South Africa (NERSA)

28. Invitation to submit written comments on the cost of supply framework for licensed electricity distributors in South Africa. The closing date for comments in 30 May 2015. Published in GG 38623 Notice Number 290 dated 2 April 2015.

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

 

Free State Province

29. Moghaka Municipality: Adoption of Control of Public Nuisances By-law. Published in PG 117 dated 13 March 2015.

30. Thabo Mofutsanyana District Municipality: Emergency Services: Fire By-law. Published in PG 127 dated 27 March 2015.

Western Cape Province

31. Cape Agulhas Municipality: Publication of Air Quality Management Plan. Published in PG dated 6 March 2015.

32. Cape Agulhas Municipality: Adoption of Animal Care and Control By-law. Published in PG 7363 dated 6 March 2015.

33. Cape Agulhas Municipality: Adoption of Problem Building By-law. Published in PG 7363 dated 6 March 2015.

34. George Municipality: Adoption of Regulating of the Keeping of Dogs, Cats and other Animals By-law. Published in PG 7365 dated 13 March 2015.

KwaZulu-Natal Province

35. Emnambithi / Lady Smith Municipality: Municipal Systems Act 32 of 2000: Published Public Amenities By-laws. Published in PG 1338 Notice Number 38 dated 19 March 2015.

36. Emnambithi / Lady Smith Municipality: Municipal Systems Act 32 of 2000: Published Cemeteries and Crematoria By-laws. Published in PG 1339 Notice Number39 dated 19 March 2015.

37. Emnambithi / Lady Smith Municipality: Municipal Systems Act 32 of 2000: Published Electricity Supply By-laws. Published in PG 1333 Notice Number 12 dated 19 March 2015.

38. Umuziwabantu Municipality: Amendment to the Advertising By-law. Published in PG 1350 Notice Number 45 dated 31 March 2015.

Limpopo Province

39. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of respective land parcels as nature reserves. Published in PG 2488 Notice Number 83 dated 20 March 2015.

40. Spatial Planning and Land Use Management Act 16 of 2013: Thulamela Municipality: notice about municipal planning tribunal. Published in PG 2491 Notice Number 96 dated 27 March 2015.

Eastern Cape Province

41. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Mhlonto Nature Reserve. Published in PG 3364 Notice Number 15 dated 31 March 2015.

42. National Environmental Management: Biodiversity Act 10 of 2004: Publication of the Final Bioregional Plan for the Nelson Mandla Bay Municipality. Published in PG 3362 Notice Number 13 dated 30 March 2015.

Gauteng Province

43. Nature Conservation Ordinance 12 of 1983: Open season: ordinary game. Published in PG 90 Notice Number 1036 dated 30 March 2015.

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

Limpopo Province

44. Spatial Planning Land Use Management Act 16 of 2013: Notice of intention to establish the Makhado Local Municipality Municipal Planning Tribunal. Members of the public are invited to submit any enquiries or comments with the Director of Development Planning within 28 days from 19 February 2015. Published in PG 2479 Notice Number 58 dated 6 March 2015.

45. Spatial Planning Land Use Management Act 16 of 2013: Notice of intention to establish the Aganang Local Municipality Municipal Planning Tribunal. Members of the public are invited to submit any enquiries or comments with the Municipal Manager within 21 days from 13 March 2015. Published in PG 2489 Notice Number 82 dated 20 March 2015.

Eastern Cape Province

46. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare the nature reserves and protected environments. Members of the public are invited to submit written comments within 60 days from the date of this notice. Published in PG 3368 Notice Number 16 dated 31 March 2015.

47. National Environmental Management: Integrated Coastal Management Act 24 of 2008: Intention to publish the list of public launch sites in the Eastern Cape. Members of the public are invited to submit written comments within 30 days of publication of this notice. Published in PG 3363 Notice Number 14 dated 31 March 2015.

Gauteng Province

48. National Environmental Management: Biodiversity Act 10 of 2004: Intention to publish Bioregional Plans for the West Rand District Municipality and the Ekurhuleni Metropolitan Municipality. Written comments must be submitted within 30 days of the date of publication of this notice. Published in PG 93 Notice Number 1038 dated 31 March 2015.

KwaZulu-Natal Province

49. Local Government: Municipal Systems Act 32 of 2000: publication of draft standard by-laws: Advertising, Parking, Electricity Supply, Fire Prevention and Property Rates. Interested persons are invited to submit written comments by no later than 30 days after the publication hereof. Published in PG 1343 Notice Number 19 dated 26 March 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 (as of 2 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