SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act (107/1998)

1. Amendment of Schedule 3 of Act 107 of 2004. Published in GG 35665 Notice Number 731 of 6 September 2012.

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

2. Table of regulations and schedule regarding fertilizers. Published in Reg Gaz No 9822  Notice Number 732 of 11 September 2012.

National Forests Act (84/1998)

3. Notice of the list of protected tree species under the National Forest Act. Published in GG 35648 Notice Number 716 of 7 September 2012.

Consumer Price Index

4. Consumer price index amendment July 2012: The Head: Statistics South Africa notifies for general information that the Consumer Price Index is herein amended. Published in GG 35625  Notice Number 689 of 31 August 2012

Promotion of Access to Information Act, 2000

5. Description submitted in terms of section 15(1)(a) of the Promotion of Access to Information Act. Published in GG 35626 Notice Number 687 of 31 August 2012.

6. Description submitted in terms of section 15(1)(a) of the Promotion of Access to Information Act. Published in GG 35626 Notice Number 688 of 31 August 2012.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Medicines and Related Substances Act (101/1965)

7. Regulations relating to a transparent pricing system for medicines and scheduled substances: Annual adjustment of the single exit price of medicines and scheduled substances for the year 2013. Published in Reg Gaz No 9819  Notice Number 728 of 6 September 2012

8. Regulations Relating to a Transparent Pricing System for Medicines and Scheduled Substances: Logistics fee component of a Transparent Pricing System. Published in GG 35716  Notice Number 770 of 18 September 2012.

9. Amendment of regulations relating to a transparent pricing system for medicines and scheduled substances. Dispensing fee to be charged by persons licensed in terms of section 22C (1) (a). Published in Reg Gaz No 9829  Notice Number 766 of 17 September 2012

Foodstuffs, Cosmetics and Disinfectants Act (54/1972):

10. Regulations relating to the use of sweeteners in foodstuffs. Published in Reg Gaz No 9824  Notice Number 733 of 11 September 2012.

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

National Nuclear Regulator Act (47/1999)

11. National Nuclear Regulator: notice of public hearings is hereby given, in terms of section 21 of the National Nuclear Regulator Act (Act No. 47 of 1999), relating to the Nuclear Installation Licence Application received from South African Nuclear Energy Corporation (NECSA) for the Proposed NECSA Smelter Project. Published in GG 35641  Notice Number 147 of 31 August 2012.

12. Notice in terms of section 28 of the National Nuclear Regulator Act, on fees for Nuclear Authorisations. Published in GG 35648  Notice Number 707 of 7 September 2012.

Nuclear Energy Act (46/1999)

13. Invitation to comment on regulations regarding Nuclear Non-Proliferation. Published in GG 35648  Notice Number 708 of 7 September 2012.

National Water Act (36/1998)

14. The Department of Water Affairs invites comments from the public and interested parties on the proposed National Water Resource Strategy 2 (NWRS 2). Published in GG 35648  Notice Number 721 of 7 September 2012.

15. Invitation to submit written comments on the proposed raising of the Clanwilliam Dam and the environmental impact assessment relating thereto. Published in GG 35667 Notice Number 741 of 14 September 2012.

16. Proposed allocation schedule in terms of section 45(2) of the Act for the Jan Dissel River Catchment. Published in GG 780 Notice Number 35722 of 14 September 2012.

17. Upper Vaal Water Management Area: Limiting and prohibiting the use of water in terms of Item 6 of Schedule 3 to the Act for agricultural purposes from the Liebenbergsvlei River. Published in GG 786 Notice Number 35721 of 14 September 2012.

Civil Aviation Act (13/2009)

18. Civil Aviation Regulations, 2011:  substitution/amendment of engine emission certification, noise certification, commercial air transport and general aviation operations and fees and charges. Published in GG No 736 of 14 September 2012.

National Environmental Management: Waste Act (59/2008)

19. Proposed amendments to the list of waste management activities that have, or are likely to have, a detrimental effect on the environment. Published in GG 35718  Notice Number 779 of 14 September 2012

National Environmental Management Act (107/1998)

20. Proposed amendments to the Environmental Impact Assessment Regulations Listing Notice 1 of 2010. Insertion of two new listed activities. Published in GG 35717  Notice Number 778 of 14 September 2012.

21. Proposed amendments to the Environmental Impact Assessment Regulations Listing Notice 2 of 2010. Insertion of a new listed activity. Published in GG 35716  Notice Number 777 of 14 September 2012

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

Gauteng Province

22. Gauteng Provincial Road Traffic Act (10/1997):  Amendments to the Gauteng Provincial Road Traffic Regulations, 2001. Published in PG 255 Notice Number 2252 of 20 September 2012.

23. Gauteng Transport Infrastructure Act (8/2001): Proclamation of an access road in connection with Gautrain Rapid Rail Link between Pretoria, Johannesburg and the OR Tambo International Airport: District Kempton Park. Published in GG 6 Notice Number 2412 of 14 September 2012.

24. Gauteng Transport Laws Rationalisation Bill, 2012: For public comments and general information. Published in GG 12  Notice Number 81 of 31 August 2012.

KwaZulu-Natal Province

25. Msunduzi Municipality: Waste Management By-laws. Published in PG 821 Notice Number 91 of 20 September 2012.

26. Umzinyathi District Municipality: Environmental Health By-law. Published in GG 780 Notice Number 35722 of 14 September 2012.

27. Hessequa Municipality: By-law Relating to the Management and Use of Rivers. Published in PG 7030 Notice Number 251 of 20 September 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

➢ Legal Practice Bill (B20 of 2012)
➢ Labour Relations Amendment Bill (B16 of 2012)
➢ Spatial Planning and Land Use Management Bill (B14 of 2012)
➢ National Environmental Management Laws Amendment Bill (B13 of 2012)
➢ Judicial Matters Amendment Bill (B11 of 2012)
➢ National Health Amendment Bill (B24 of 2011)
➢ Constitution Seventeenth Amendment Bill (B8 - 2009)

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