SECTION A:  ENVIRONMENTAL (NATIONAL)

National Water Act (36/1998)

1. Extension of time for written objections to the proposed allocation schedule in terms of section 45 (2) of the National Water Act, 1998. Published in GG 35751 Notice Number 796 on 05/10/2012.

2. Implementation of measures to mitigate the impact of acid mine drainage in the Witwatersrand Goldfields: Declaration of the immediate and short-term interventions as an Emergency Government Waterworks. Published in GG 35786 Notice Number 830 on 12/10/2012.

National Environmental Management Act (107/1998)

3. Publication of Need and Desirability Guideline in terms of the Environmental Impact Assessment Regulations, 2010. Published in GG 35746 Notice Number 792 on 05/10/2012.

4. Publication of the Companion Guideline on the Implementation of the Environmental Impact Assessment Regulations, 2010. Published in GG 35769 Notice Number 805 on 10/10/2012.

5. Publication of Environmental Management Framework Guideline for Implementation. Published in GG 35769 Notice Number 806 on 10/10/2012.

6. Publication of Public Participation Guideline as part of the Integrated Environmental Management Guideline Series (Guidline 7). Published in GG 35769 Notice Number 807 on 10/10/2012.

7. Notice of Environmental Impact Assessment Process: An application to the North West Department of Economic Development, Environment, Conservation and Tourism for the basic assessment of the proposed township establishment on Portion 1177, Vyfhoek 428 IQ. Published in GG 7048 Notice Number 504 on 23/10/2012.

8. Notice of Environmental Impact Assessment Process: An application to the North West Department of Economic Development, Environment, Conservation and Tourism for the environmental scoping for township establishment on a portion of Portion 22, Goedgenoeg 433 IP. Published in GG 7048 Notice Number 505 on 23/10/2012.

National Forests Act (84/1998)

9. Release of state forest land which is no longer required for forestry. Published in GG 35808 Notice Number 870 on 26/10/2012.

Promotion of Access to Information Act (2/2000)

10. Manual in Accordance with the Promotion of Access to Information Act: Department of Social Development. Published in GG 35724 Volume Number 568 on 01/10/2012.

11. Manual in Accordance with the Promotion of Access to Information Act: Office of the Premier, Mpumalanga Provincial Government. Published in GG 35771 Volume Number 568 on 10/10/2012.

12. Manual in Accordance with the Promotion of Access to Information Act: Office of the Premier, Limpopo Provincial Government. Published in GG 35772 Volume Number 568 on 12/10/2012.

13. impopo Provincial Government: Department of Agriculture: Description submitted in terms of section 15 (1), Automatically Available Records and Access to Such Records. Published in GG 35791 Notice Number 853 on 19/10/2012.

Petroleum Products Act (120/1977)

14. Amendment of the regulations in respect of petroleum products: Substitution Regulation 3: Petrol price zone. Published in GG 35740 Notice Number 798 on 02/10/2012.

Revised Broad-Based Black Economic Empowerment Codes of Good Practice

15. B-BBEE Technical Assistance Guidelines (The TAG). Published in GG 35754 Notice Number 800 on 05/10/2012.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act (36/1947)

16. Prohibition notice regarding the acquisition, disposal, sale or use of agricultural remedies containing endo-sulfan. Published in GG 35808 Notice Number 853 on 26/10/2012.

Labour Relations Act (66/1995)

17. Cancellation of registration of a trade union: Cancellation of the registration of South African Association of Trade Union Officials (SAATUO). Published in GG 35790 Notice Number 836 on 26/10/2012.

18. Registration of an employers’ organisation: Collision Repairers Association (CRA). Published in GG 35808 Notice Number 855 on 26/10/2012.

19. Change of name of an employers’ organisation: Gauteng Master Builders Association has resolved to change its name to Master Builders Association, with effect from 12 October 2012. Published in GG 35808 Notice Number 856 on 26/10/2012.

20. Change of name of an employers’ organisation: Landbou Werkgewersorganisasie (LWO) resolved to change its name to LWO Werkgewersorganisasie, with effect from 15 October 2012. Published in GG 35808 Notice Number 857 on 19/10/2012.

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

Consumer Protection Act (68/2008):

21. Draft amendment regulation on the Act: Product labelling and trade descriptions (Genetically modified organisms). Published in GG 35776 Notice Number 824 on 09/10/2012

Mineral and Petroleum Resources Development Act (28/2002)

22. Invitation for representations from relevant stakeholders on proposed prohibitions under section 49(1) of the Act against granting of new applications for prospecting rights, mining rights, reconnaissance permission and mining permits. Published in GG 35790 Notice Number 837 on 19/10/2012.

Energy Regulator Act (40/2004)

23. Invitation for stakeholders to submit written comments on the multi-year price determination 3 application. Published in GG 35808 Notice Number 854 on 26/10/2012

Draft Plant Health Bill (2012)

24. Invitation for public comments to all interested institutions, organisations and individuals to submit written comments on the draft Plant Health (Phytosanitary) Bill. Published in GG 35823 Notice Number 890 on 26/10/2012

Merchant Shipping Act (57/1951)

25. Merchant Shipping (Safe Manning, Training and Certification) Regulations, 2012: For comments. Published in GG 35822 Notice Number 889 on 26/10/2012

Green Paper on the National Environmental Management of the Ocean

26. Invitation for public comments to all interested institutions, organisations and individuals to submit written comments on the green paper on the National Environmental Management of the Ocean. Published in GG 35822  Notice Number 889 on 30/10/2012.

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

Limpopo Province

27. Local Government: Municipal Systems Act (32/2000): Cemeteries and Crematoria By-law. Published in PG 2126 Notice Number 195 on 12/10/2012.

28. Local Government: Municipal Systems Act (32/2000): Refuse Removal By-Law. Published in PG 2126 Notice Number 196 on 12/10/2012.

29. Makhado Local Municipality: Environment: Inflammable Liquids and Substances By-laws. Published in PG 2134 Notice Number 205 on 24/10/2012.

30. Makhado Local Municipality: Outdoor Signs By-Laws. Published in PG 2134 Notice Number 206 on 24/10/2012.

31. Makhado Local Municipality: Public health: Fumigation By-laws. Published in PG 2134 Notice Number 207 on 24/10/2012.

32. Makhado Local Municipality: Environment: Parks, Gardens and Public Open Spaces By-laws. Published in PG 2134 Notice Number 208 on 24/10/2012.

Northern Cape Province

33. Kgatelopele Municipality: Water Service By-law, 2012. Published in PG 638 Notice Number 81 on 12/10/2012.

Kwazulu-Natal Province

34. The Constitution (108/1996) and Local Government: Municipal Systems Act (32/2000): uMhlathuze Municipality: Amendment to the Solid Waste By-laws. Published in PG 837 Notice Number 96 on 12/10/2012.

SECTION E: SAFETY, HEALTH & ENVIRONMENTAL
(Draft Provincial Legislation & By-laws)

Draft Gauteng Nature Conservation Bill, 2012:

35. Invitation for public comments to all interested institutions, organisations and individuals to submit written comments on the Draft Gauteng Nature Conservation Bill, 2012. Published in PG 313 Notice Number 2706 on 12/10/2012.

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 October 2012)

• Before National Assembly Committees

➢ Adjustments Appropriation Bill  
➢ Division of Revenue Amendment Bill  
➢ Taxation Laws Amendment Bill  
➢ Tax Administration Laws Amendment Bill  
➢ Employment Equity Amendment Bill  
➢ Transport Laws and Related Matters Amendment Bill  
➢ Financial Services Laws General Amendment Bill  
➢ South African Maritime and Aeronautical Search and Rescue Amendment Bill  
➢ Private Security Industry Regulation Amendment Bill 
➢ Criminal Procedure Amendment Bill
➢ Spatial Planning and Land Use Management Bill  

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