SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

1. Regulations pertaining to the financial provision for prospecting, exploration, mining or production operations. Published in GG 39425 Notice Number 1147 dated 20 November 2015.

National Environmental Management: Protected Areas Act 57 of 2003

2. Declaration of the DWESA-CWEBE Marine Protected Environment. Published in GG 39379 Notice Number 1073 dated 6 November 2015.

3. Regulations for the management of the DWESA-CWEBE Marine Protected Environment. Published in GG 39379 Notice Number 1074 dated 6 November 2015.

National Forest Act 84 of 1998

4. Notice of declaration of particular groups of trees “champion trees”. Published in GG 39379 Notice Number 1056 dated 6 November 2015.

5. Notice of the list of protected tree species. Published in GG 39433 Notice Number 1161 dated 20 November 2015.

National Environmental Management: Biodiversity Act 10 of 2004

6. The Biodiversity Management Plan for the White Rhinoceros (Ceratotherium simum). Published in GG 39469 Notice Number 1191 dated 2 December 2015.

7. The Biodiversity Management Plan for the African Lion (Panthera Leo). Published in GG 39468 Notice Number 1190 dated 2 December 2015.

Spatial Planning and Land Use Management Act 16 of 2013

8. Commencement date of the Spatial Planning and Land Use Management Regulations is 13 November 2015. Published in GG 39412 Notice Number 1124 dated 13 November 2015 replaced by GG 39415 Notice Number 1126 dated 13 November 2015.

Marine Living Resources Act 18 of 1998

9. Amendment to the regulations. Published in GG 39390 Notice Number 1090 dated 11 November 2015 and GG 39391 Notice Number 1091 dated 11 November 2015.

10. Publication of sector-specific policies for the allocation of fishing rights. Published in GG 39417 Notice Number 1127 dated 16 November 2015.

11. Policy on the allocation and management of commercial fishing rights in the Large Pelagic Longline Fishery: 2015. Published in GG 39417 Notice Number 1128 dated 16 November 2015.

12. Policy on the allocation and management of commercial fishing rights in the Hake Inshore Trawl Fishery: 2015. Published in GG 39417 Notice Number 1129 dated 16 November 2015.

13. Policy on the allocation and management of commercial fishing rights in the Horse Mackerel Fishery: 2015. Published in GG 39417 Notice Number 1130 dated 16 November 2015.

14. Policy on the allocation and management of commercial fishing rights in theKwaZulu-Natal Sardine Beach Seine Fishery: 2015. Published in GG 39417 Notice Number 1131 dated 16 November 2015.

15. Policy on the allocation and management of commercial fishing rights in the Netfish Fishery: 2015. Published in GG 39417 Notice Number 1132 dated 16 November 2015.

16. Policy on the allocation and management of commercial fishing rights in the Patagonian Toothfish Fishery: 2015. Published in GG 39417 Notice Number 1133 dated 16 November 2015.

17. Policy on the allocation and management of commercial fishing rights in the West Coast Rock Lobster (offshore) Fishery: 2015. Published in GG 39417 Notice Number 1134 dated 16 November 2015.

18. Policy on the allocation and management of commercial fishing rights in the Seaweed Fishery: 2015. Published in GG 39417 Notice Number 1135 dated 16 November 2015.

19. Policy on the allocation and management of commercial fishing rights in the West Coast Lobster (Nearshore) Fishery: 2015. Published in GG 39417 Notice Number 1136 dated 16 November 2015.

20. Policy on the allocation and management of commercial fishing rights in the Abalone Fishery: 2015. Published in GG 39417 Notice Number 1137 dated 16 November 2015.

21. Policy on the allocation and management of rights to operate Fish Processing Establishments: 2015. Published in GG 39417 Notice Number 1138 dated 16 November 2015.

22. Branch Fisheries Management: Fish Processing Establishment: Application Form. Published in GG 39417 Notice Number 1139 dated 16 November 2015.

23. Branch Fisheries Management: Application Form for Individual Applicants. Published in GG 39417 Notice Number 1140 dated 16 November 2015.

24. Branch Fisheries Management: Application Form for Entity Applicants. Published in GG 39417 Notice Number 1141 dated 16 November 2015.

25. Schedule B of fees determined. Published in GG 39417 Notice Number 1142 dated 16 November 2015.

26. Correction notice: GN R1142 of 16 November 2015 is withdrawn and replaced with GG 39451 Notice Number 1170 dated 25 November 2015.

Broad-Based Black Economic Empowerment Act 53 of 2003

27. Codes of Good Practice: Amended Tourism Sector Code. Published in GG 39430 Notice Number 1149 dated 20 November 2015.

Consumer Price Index

28. Consumer Price Index (CPI) for October 2015. Published in GG 39458 Notice Number 1178 dated 27 November 2015.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Compensation for Occupational Injuries and Diseases Act 130 of 1993

29. Fees payable to presiding officers, medical assessors, employer and employee assessors, interpreters and members of the Compensation Board. Published in GG 39354 Notice Number 1049 dated 2 November 2015.

Pharmacy Act 53 of 1974

30. The South African Pharmacy Council: fees payable to the Council for the year 2016. Published in GG 39369 Notice Number 244 dated 6 November 2015.

Employment Equity Act 55 of 1998

31. Code of Good Practice on Employment of Persons with Disabilities. Published in GG 39383 Notice Number 1085 dated 9 November 2015.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

32. Enforcement by local authority. Published in GG 39358 Notice Number 1051 dated 3 November 2015.

Marketing of Agricultural Products Act 47 of 1996

33. Establishment of statutory measure and determination of levies on peaches and nectarines. Published in GG 39375 Notice Number 601 dated 6 November 2015.

34. Establishment of statutory measure and determination of levies on apples. Published in GG 39375 Notice Number 602 dated 6 November 2015.

35. Establishment of statutory measure and determination of levies on plums. Published in GG 39375 Notice Number 603 dated 6 November 2015.

36. Establishment of statutory measure and determination of levies on apricots. Published in GG 39375 Notice Number 604 dated 6 November 2015.

37. Establishment of statutory measure: records and returns relating to trees as well as production and marketing information of plums, nectarines and peaches, apricots, apples and pears. Published in GG 39375 Notice Number 605 dated 6 November 2015.

38. Establishment of statutory measure and determination of levies on pears. Published in GG 39375 Notice Number 606 dated 6 November 2015.

39. Establishment of statutory measure: registration of producers, exporters, importers, municipal markets and traders of plums, peaches and nectarines, apricots, apples and pears and processors of apples. Published in GG 39375 Notice Number 607 dated 6 November 2015.

40. Establishment of statutory measure and determination of guideline prices: levies relating to Pecan Nuts and Pecan Nut Products. Published in GG 39375 Notice Number 608 dated 6 November 2015.

41. Establishment of statutory measure: records and returns relating to Pecan Nut trees as well as domestic production and imports and exports of Pecan Nut and Pecan Nut Products. Published in GG 39375 Notice Number 609 dated 6 November 2015.

42. Establishment of statutory measure: registration of producers, processors, exporters and importers of Pecan Nuts and Pecan Nut Products. Published in GG 39375 Notice Number 610 dated 6 November 2015.

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

National Environmental Management Laws Amendment Bill 2015

43. Extension of the public comment period for the Bill (published in GG 39287 Notice Number 986 dated 13 October 2015) until 30 November 2015. Published in GG 39440 Notice Number

Compensation for Occupational Injuries and Diseases Act 130 of 1993

44. Draft regulations regarding the fees payable to presiding officers, medical assessors, employer and employee assessors, interpreters and members of the Compensation Board. Interested persons are invited to submit written comments within 30 days from the date of publication of this notice. Published in GG 39354 Notice Number 1050 dated 2 November 2015.

National Forest Act 84 of 1998

45. Draft: The South African Criteria, Indicators, and Standards for Sustainable Forest Management, 2015. Interested stakeholders are invited to submit written comments within 30 days of the date of publication of this notice. Published in GG 39379 Notice Number 1066 dated 6 November 2015.

National Water Act 36 of 1998

46. Draft pricing strategy for water use charges. Members of the public are invited to submit written comments within 90 days after the publication of the notice in the gazette. Published in GG 39411 Notice Number 1154 dated 13 November 2015.

47. Proposed revision of generation authorisation. Members of the public are invited to submit written comments within 60 days after the publication of this notice in the gazette. Published in GG 39458 Notice Number 1180 dated 27 November 2015.

Water Services Act 108 of 1997

48. Draft revision of the norms and standards for setting water services tariffs. Members of the public are invited to submit written comments within 90 days after the publication of the notice in the gazette. Published in GG 39411 Notice Number 1153 dated 13 November 2015.

National Environmental Management: Protected Areas Act 57 of 2003

49. Intention to declare the Tsitsikamma National Park Marine Area. Interested persons are requested to submit written comments by no later than 16h00 on 1 February 2016. Published in GG 39424 Notice Number 1145 dated 19 November 2015.

50. Draft regulations for the Tsitsikamma National Park Marine Area. Interested persons are requested to submit written comments by no later than 16h00 on 1 February 2016. Published in GG 39424 Notice Number 1146 dated 19 November 2015.

51. Intention to declare an extension to the Harold Porter National Botanical Garden. Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 39426 Notice Number 1148 dated 20 November 2015.

Astronomy Geographic Advantage Act 21 of 2007

52. Notice of intention to make regulations on the protection of the Karoo Central Astronomy Advantage Areas. Interested and affected persons and members of the public are invited to submit written comments within 60 days from the publication of this notice. Published in GG 39442 Notice Number 1166 dated 23 November 2015.

Pharmacy Act 53 of 1974

53. Draft Guidelines for the Issuing of Licenses for Pharmacy Premises. Interested persons are invited to submit written comments within 45 days of the publication of this notice. Published in GG 39376 Notice Number 1065 dated 6 November 2015.

National Public Health Institute of South Africa Bill 2015

54. Interested persons are invited to submit written comments within one month of the date of publication of the notice. Published in GG 39392 Notice Number 1092 dated 11 November 2015 with a correction notice published in GG 39414 Notice Number 1125 dated 13 November 2015.

National Health Act 61 of 2003

55. Invitation to all suitable persons to submit their applications for appointment as an Ombud. Closing date for applications is 21 December 2015. Published in GG 39450 Notice Number 1169 dated 25 November 2015.

Health Professions Act 56 of 1974

56. Draft regulations defining the scope of the profession of oral hygiene. Interested persons are invited to submit written comments within 3 months of the date of publication of this notice. Published in GG 39453 Notice Number 1171 dated 26 November 2015.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

57. Draft regulations relating to miscellaneous additives in foodstuffs. Interested persons are invited to submit written comments within 3 months of the date of publication of this notice. Published in GG 39441 Notice Number 1165 dated 23 November 2015.

Broad-Based Black Economic Empowerment Act 53 of 2003

58. Amended B-BBEE Verification Manual published for a 30 day public commentary period effective from 1 November 2015 to 30 November 2015. Published in GG 39378 Notice Number 1055 dated 6 November 2015.

59. Codes of Good Practice: Draft Revised Forest Sector Code. Interested parties are invited to submit written comments within 60 days from the date of this publication. Published in GG 39368 Notice Number 1064 dated 6 November 2015.

60. Codes of Good Practice: Draft AgriBEE Sector Codes. Interested persons are invited to submit written comments within 60 days from the date of this publication. Published in GG 39429 Notice Number 1160 dated 20 November 2015.

61. Issued for public comment: African Exploration Mining and Finance Corporation Broad-Based Black Economic Empowerment Facilitator Status. Interested persons are requested to submit written comments within 30 days from the date of this publication. Published in GG 39456 Notice Number 1175 dated 27 November 2015.

62. Issued for public comment: Industrial Development Corporation (IDC) Broad-Based Black Economic Empowerment Facilitator Status. Interested persons are requested to submit written comments within 30 days from the date of this publication. Published in GG 39456 Notice Number 1176 dated 27 November 2015.

Cross-Border Road Transport Act 4 of 1998

63. Notice of intention to promulgate regulations for special emergency measures. Interested persons are requested to submit written comments within 7 days from the date of publication of this notice. Published in GG 39420 Notice Number 1143 dated 17 November 2015.

National Energy Regulator Act 40 of 2004

64. Invitation for public comments on Eskom’s Regulatory Clearing Account Application. The closing date for written comments is 14 December 2015 at 16h00. Published in GG 39416 Notice Number 1156 dated 16 November 2015.

Labour Laws Amendment Bill 2015

65. Notice of intent to introduce the private members bill and invitation for public comment. Interested parties and institutions are requested to submit written comments within 30 days of the publication of this notice. Published in GG 39448 Notice Number 1174 dated 25 November 2015.

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

North-West Province

66. Disaster Management Act 57 of 2002: Declaration of drought disaster in the Kgetlengrivier Local Municipality. Published in PG 7566 notice number 164 dated 3 November 2015.

Gauteng Province

67. City of Tshwane: By-law on Public Participation 2015. Published in PG 484 Notice Number 1923 dated 6 November 2015.

68. City of Tshwane: By-law on Petitions 2015. Published in PG 484 Notice Number 1922 dated 6 November 2015.

69. Ekurhuleni Metropolitan Municipality: Declaration of a local state of disaster. Published in PG 526 Notice Number 1935 dated 25 November 2015.

Free-State Province

70. Maluti-A-Phofung Municipality: Municipal Land Use Planning By-law. Published in PG 115 Notice Number 89 dated 6 November 2015.

71. Letsemeng Local Municipality: adoption of the following standard by-laws published in PG 115 Notice Number 90 dated 6 November 2015:
a. Standard Building Regulations By- Law as published in PN No.173 of 2011.
b. Standard Control of Streets Vendors, Peddlers or Hawkers By- law as published in PN No. 179 of 2011.
c. Standard Control of Public Nuisance By -Law as published in PN No. 178 of 2011.
d. Standard Street Trading By-Law as published in PN No.205 of 2011.
e. Standard Numbering By- Law as published in PN No.198 of 2011.

72. National Heritage Resource Act 25 of 1999: Declaration of provincial heritage sites. Published in PG 121 Notice Number 108 dated 20 November 2015.

73. Moqhaka Local Municipality: Land Use Planning By-law. Published in PG 124 Notice Number 134 dated 27 November 2015.

KwaZulu-Natal Province

74. Ubuhlebezwe Municipality: Fire Prevention By-law. Published in PG 1541 Notice Number 165 dated 5 November 2015.

75. Ubuhlebezwe Municipality: General and Nuisance By-law. Published in PG 1541 Notice Number 166 dated 5 November 2015.

76. Ubuhlebezwe Municipality: Integrated Waste Management (Recycling) By-law. Published in PG 1541 Notice Number 168 dated 5 November 2015.

77. Ubuhlebezwe Municipality: Public Amenities By-law. Published in PG 1541 Notice Number 170 dated 5 November 2015.

78. Ubuhlebezwe Municipality: Public Roads and Municipal Streets By-law. Published in PG 1541 Notice Number 171 dated 5 November 2015.

79. Ubuhlebezwe Municipality: Municipal Public Transport By-law. Published in PG 1541 Notice Number 173 dated 5 November 2015.

80. Ubuhlebezwe Municipality: Road Traffic By-law. Published in PG 1541 Notice Number 174 dated 5 November 2015.

81. Ubuhlebezwe Municipality: Stormwater Management By-law. Published in PG 1541 Notice Number 175 dated 5 November 2015.

82. Ubuhlebezwe Municipality: By-law relating to the keeping of animals and birds. Published in PG 1541 Notice Number 176 dated 5 November 2015.

83. Ubuhlebezwe Municipality: Advertising By-law. Published in PG 1541 Notice Number 177 dated 5 November 2015.

84. Ubuhlebezwe Municipality: Building Regulation By-law. Published in PG 1541 Notice Number 178 dated 5 November 2015.

85. Ubuhlebezwe Municipality: Cemetery By-law. Published in PG 1541 Notice Number 180 dated 5 November 2015.

86. Ubuhlebezwe Municipality: Fences and Fencing By-law. Published in PG 1541 Notice Number 186 dated 5 November 2015.

87. Declaration of a provincial state of disaster. Published in PG 1554 Notice Number 204 dated 20 November 2015.

Northern Cape Province

88. Joe Morolong Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1967 Notice Number 1 dated 9 November 2015.

89. Ga-Segonyana Local Municipality: Municipal Land Use Planning By-law. Published in PG 1970 Notice Number 166 dated 16 November 2015.

90. Northern Cape Environmental Implementation Plan (Third Edition: 2015-2020). Published in PG 1972 Notice Number 173 dated 20 November 2015.

Limpopo Province

91. Disaster Management Act 57 of 2002: A number of municipalities declared disaster areas due to the persisting drought. Published in PG 2630 Notice Number 344 dated 13 November 2015.

Western Cape Province

92. Swellendam Municipality: Refuse removal, refuse dumps and solid waste disposal by-law. Published in PG 7527 dated 13 November 2015.

93. Drakenstein Municipality: Municipal Land Use Planning By-law 2015. Published in PG 7528 dated 13 November 2015.

94. Laingsburg Municipality: Municipal Land Use Planning By-law. Published in PG 7520 Notice Number 369 dated 3 November 2015.

Mpumalanga Province

95. The eMakhazeni Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2610 Notice Number 85 dated 23 November 2015.

96. The Dr JS Moroka Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2610 Notice Number 86 dated 23 November 2015.

97. The Thembisile Hani Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2610 Notice Number 87 dated 23 November 2015.

98. The Victor Khanye Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2610 Notice Number 535 dated 23 November 2015.

99. Nkomazi Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2616 Notice Number 41 dated 1 December 2015.

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

Western Cape Province

100. Draft Fees (Western Cape Heritage Regulations). Interested persons are requested to submit written comments on or before 14 December 2015. Published in PG 7536 Notice Number 401 dated 20 November 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 December 2015):

1. Plant Improvement Bill (B8 of 2015)
2. Plant Breeders Rights Bill (B11 of 2015)
3. Medicines and Related Substances Amendment Bill (B6 of 2014)
4. Mineral and Petroleum Resources Development Amendment Bill (B15 of 2013)

BILLS BEFORE THE PRESIDENT (as of 2 December 2015):

1. Disaster Management Amendment Bill (B10 – 2015)

This Warburton Attorneys 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