SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

1. Amendments to the Financial Provisioning Regulations 2015. Published in GG 40371 Notice Number 1314 dated 26 October 2016.

National Heritage Resources Act 25 of 1999

2. Declaration of the Samora Machel Memorial and Crash Site as a National Heritage Site. Published in GG 40334 Notice Number 1219 dated 7 October 2016.

3. Declaration of the Castle of Good Hope as a National Heritage Site. Published in GG 40346 Notice Number 57 dated 14 October 2016.

4. Declaration of the Samora Machel Memorial and Crash Site as a National Heritage Site. Published in GG 40386 Notice Number 1357 dated 31 October 2016.

National Water Act 36 of 1998

5. Limiting the use of water in the North West Province from the Sehujwane, Marico-Bosveld, Kromellenboog, Pella, Madikwe, Molatedi, Lindleyspoort and Koster Dams. Published in GG 40346 Notice Number 1261 dated 14 October 2016.

Water Research Act 34 of 1971

6. Water Research Fund: Rates and Charges. Published in GG 40375 Notice Number 1341 dated 28 October 2016.

National Energy Regulator Act 40 of 2004

7. National Energy Regulator of South Africa: Regulatory Manual Volume 1 and General Regulatory Reporting Procedures and Administrative Matters: Version 2. Published in GG 40359 Notice Number 679 dated 21 October 2

Civil Aviation Act 13 of 2009

8. Performance Agreement between the Minister of Transport, the Civil Aviation Board and the Director of Civil Aviation. Published in GG 40326 Notice Number 635 dated 4 October 2016.

9. Fourteenth Amendment to the Civil Aviation Regulations 2011. Published in GG 40376 Notice Number 1349 dated 28 October 2016.

Broad-Based Black Economic Empowerment Act 53 of 2003

10. African Exploration Mining and Finance Corporation (AEMFC) B-BBEE Facilitator Status. Published in GG 40381 Notice Number 721 dated 28 October 2016.

11. Empowering Supplier Status extension. Published in GG 40375 Notice Number 708 dated 28 October 2016.

Promotion of Access to Information Act 2 of 2000

12. Manual published in terms of section 14 of the Act:
a. South African Weather Service. Published in GG 40334 Notice Number 641 dated 7 October 2016.
b. Department of Tourism. Published in GG 40346 Notice Number 674 dated 14 October 2016.

13. Description submitted in terms of section 15(1):
a. Limpopo Provincial Government: Department of Transport. Published in GG 40346 Notice Number 671 dated 14 October 2016.
b. Department of Agriculture, Forestry and Fisheries. Published GG 40346 Notice Number 672 dated 14 October 2016.
c. Limpopo Provincial Government: Department of Public Works, Roads and Infrastructure. Published in GG 40375 Notice Number 703 dated 28 October 2016.
d. Department of Human Settlements. Published in GG 40375 Notice Number 704 dated 28 October 2016.
e. KwaZulu-Natal Provincial Government: Department of Arts and Recration. Published in GG 40375 Notice Number 705 dated 28 October 2016.

Statistics South Africa

14. Consumer Price Index (CPI) for September 2016. Published in GG 40375 Notice Number 707 dated 28 October 2016.

SECTION B: SAFETY AND HEALTH (NATIONAL)

National Health Act 61 of 2003

15. Procedural regulations pertaining to the functioning of the Office of Health Standards Compliance and Handing of Complaints by the Ombud. Published in GG 40350 Notice Number 1275 dated 13 October 2016.

Standards Act 8 of 2008

16. Issue of new SANS Standards, revision of SANS Standards and cancelled SANS Standards. Published in GG 40334 Notice Number 647 dated 7 October 2016.

Plant Breeders Rights Act 15 of 1976

17. Amendment to the regulations relating to plant breeders’ rights. Published in GG 40334 Notice Number 1217 dated 7 October 2016.

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

National Veldfire Amendment Bill 2015

18. Explanatory Summary of the Bill has been published in in GG 40334 Notice Number 640 dated 7 October 2016.

Hazardous Substances Act 15 of 1973

19. Intention to declare substances in Group II Hazardous Substances. Interested persons are invited to submit written comments within 3 months from the date of publication of this notice. Published in GG 40359 Notice Number 1291 dated 21 October 2016.

20. Intention to declare substances in Group I, Category A Hazardous Substances. Interested persons are invited to submit written comments within 3 months from the date of publication of this notice. Published in GG 40359 Notice Number 1292 dated 21 October 2016.

National Water Act 36 of 1998

21. Intention to disestablish the Lebalelo Water User Association and incorporate it into the Lepelle Northern Water. Interested persons are invited to submit written comments within a period of 60 days. Published in GG 40375 Notice Number 1340 dated 28 October 2016.

National Energy Regulator Act 40 of 2004

22. Eskom’s proposed Critical Peak Day (CPD) tariff application. Members of the public are invited to submit written comments on or before 18 November 2016. The public and all stakeholders are also encouraged to attend public hearings. Published in GG 40366 Notice Number 697 dated 24 October 2016.

Civil Aviation Amendment Bill 2016

23. Interested persons are invited to submit written comments within 30 days from the date of publication of this notice. Published in GG 40326 Notice Number 636 dated 4 October 2016.

Civil Aviation Act 13 of 2009

24. Proposed amendment to the Civil Aviation Regulations 2011. Interested persons are invited to submit written comments on or before 28 November 2016. Published in GG 40380 Notice Number 1354 dated 28 October 2016.

Broad-Based Black Economic Empowerment Act 53 of 2003

25. Proposed Codes of Good Practice on Broad-Based Black Economic Empowerment for the South African Defence Industry. Members of the public are encouraged to participate in this process by submitting written comments. Published in GG 40381 Notice Number 721 dated 28 October 2016.

26. Proposed amendments to the Codes of Good Practice for the Construction Sector Code. Interested persons are invited to submit written comments within 60 days from the date of this publication. Published in GG 40375 Notice Number 1339 dated 28 October 2016.

Agricultural Product Standards Act 119 of 1990

27. Proposed inspection fees with respect to all fruits and vegetables destined for sale in the Republic of South Africa. All affected stakeholders are invited to submit written comments by no later than 31 October 2016. Published in GG 40346 Notice Number 661 dated 14 October 2016.

North West Agricultural Bank Act 14 of 1981

28. North West Agricultural Bank Amendment Bill 2016 as introduced into the Provincial Legislature. Published in GG 40375 Notice Number 1315 dated 28 October 2016.

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

KwaZulu-Natal Province

29. Extension of the declaration of a provincial state of disaster. Published in PG 1738 Notice Number 170 dated 7 October 2016.

30. Umzimkhulu Municipality: Fire Prevention By-law. Published in PG 1746 Notice Number 125 dated 27 October 2016.

Eastern Cape Province

31. Ingqueza Hill Local Municipality: Building Regulations By-law. Published in PG 3749 Notice Number 99 dated 17 October 2016.

32. Ingqueza Hill Local Municipality: Outdoor Advertising By-law. Published in PG 3749 Notice Number 100 dated 17 October 2016.

33. Blue Crane Route Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3749 Notice Number 229 dated 17 October 2016.

Western Cape Province

34. Overstrand Municipality: Electricity Supply By-law and By-law on Problem Buildings. Published in PG 7692 dated 21 October 2016.

35. Swellendam Municipality: Outdoor Advertising and Signage By-law. Published in PG 7693 dated 21 October 2016.

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

36. Notice of intention to withdraw the declaration of a private nature reserve. Members of the public are invited to submit written comments within 60 days of its publication. Published in PG 83 Notice Number 259 dated 28 October 2016.

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 November 2016):

1. National Forests Amendment Bill (B11 of 2016)
2. National Land Transport Amendment Bill (B7 of 2016)
3. Plant Improvement Bill (B8 of 2015)
4. Plant Breeders Rights Bill (B11 of 2015)
5. Mineral and Petroleum Resources Development 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