SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management Act 107 of 1998

1. Interim arrangements with respect to the minimum information requirements for submission of an EA application related to shale gas. Published in GG 40041 Notice Number 619 dated 3 June 2016.

2. Identification of the Minister as the Competent Authority for the consideration and processing of Environmental Authorisations and amendments thereto for activities relating to the Integrated Resource Plan (IRP) 2010 – 2030. Published in GG 40110 Notice Number 779 dated 1 July 2016.

National Heritage Resources Act 25 of 1999

3. Provisional protection of the Lutheran Church, Cape Town. Published in GG 40041 Notice Number 310 dated 3 June 2016.

4. Declaration of the South African National Memorial: Delville Wood as a National Heritage Site. Published in GG 40100 Notice Number 772 dated 28 June 2016.

Merchant Shipping Amendment Act 12 of 2015

5. Commencement date of the Amendment Act is 6 June 2016. Published in GG 40051 Notice Number 35 dated 6 June 2016.

National Land Transport Act 5 of 2009

6. Establishment of the National Public Transport Regulator. Published in GG 40110 Notice Number 378 dated 1 July 2016.

Broad-Based Black Economic Empowerment Act 53 of 2003

7. Regulations regulating the administration and implementation of the Act and the functions of the Commission. Published in GG 40053 Notice Number 689 dated 6 June 2016.

Promotion of Access to Information Act 2 of 2000

8. Section 14 Manual submitted by the Limpopo Provincial Government. Published in GG 40088 Notice Number 357 dated 24 June 2016.

9. Section 14 Manual submitted by the Department of Water and Sanitation. Published in GG 40116 Notice Number 792 dated 1 July 2016.

10. Description submitted in terms of section 15(1) by the Limpopo Provincial Treasury. Published in GG 40088 Notice Number 358 dated 24 June 2016.

11. Description submitted in terms of section 15(1) by the Department of Tourism. Published in GG 40088 Notice Number 739 dated 24 June 2016.

12. Description submitted in terms of section 15(1) by the Western Cape Provincial Department of Agriculture. Published in GG 40088 Notice Number 740 dated 24 June 2016.

13. Description submitted in terms of section 15(1) by the uMhlathuze Municipality. Published in GG 40088 Notice Number 741 dated 24 June 2016.

14. Description submitted in terms of section 15(1) by the KwaZulu-Natal Provincial Government: Department of Agriculture and Rural Development. Published in GG 40088 Notice Number 743 dated 24 June 2016.

15. Description submitted in terms of section 15(1) by the Department of Planning, Monitoring and Evaluation. Published in GG 40088 Notice Number 744 dated 24 June 2016.

Statistics South Africa

16. Consumer Price Index (CPI) for May 2016. Published in GG 40110 Notice Number 376 dated 1 July 2016.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Medicines and Related Substances Act 101 of 1965

17. Amendment to the Schedules. Published in GG 40041 Notice Number 620 dated 3 June 2016.

18. Amendment to the regulations relating to a transparent pricing system for medicines and scheduled substances. Published in GG 40094 Notice Number 761 dated 24 June 2016.

Health Professions Act 56 of 1974

19. Opportunity to register as a specialist in family medicine. Published in GG 40110 Notice Number 777 dated 1 July 2016.

20. Amendment to the regulations relating to the registration of emergency care practitioners of additional qualifications. Published in GG 40106 Notice Number 775 dated 30 June 2016.

21. Withdrawal notice of draft regulations which were published in January and February 2014: Regulations relating to the registration of student emergency care consultants and student emergency care specialists, Regulations relating to the qualifications for the registration of emergency care specialists and Regulations relating to the qualifications for the registration of emergency care consultants. Published in GG 40106 Notice Number 776 dated 30 June 2016. 

Mental Health Care Amendment Act 12 of 2014

22. Commencement date of the Amendment Act is 1 July 2016. Published in GG 40107 Notice Number 37 dated 30 June 2016.

Firearms Control Act 60 of 2000

23. Notice that the State intends to destroy firearms and ammunition as well as firearm parts that were voluntarily surrendered to or forfeited to the State. Published in GG 40073 Notice Number 721 dated 15 June 2016.

Animal Diseases Act 35 of 1984

24. Implementation of revised import requirements for cattle, sheep and goats from Botswana, Lesotho, Namibia and Swaziland will be implemented from 1 July 2016. Published in GG 40060 Notice Number 714 dated 10 June 2016.

Animal Improvement Act 62 of 1998]

25. Amendment of Table 7 of the Regulations. Published in GG 40058 Notice Number 690 dated 10 June 2016.

Agricultural Product Standards Act 119 of 1990

26. Regulations relating to the grading, packing and marking of apples intended for sale in the Republic of South Africa. Published in GG 40076 Notice Number 725 dated 17 June 2016.

27. Correction notice: Regulations relating to the grading, packing and marking of table grapes destined for sale in the Republic of South Africa. Published in GG 40076 Notice Number 5726 dated 17 June 2016.

28. Correction notice: Regulations relating to the grading, packing and marking of pears destined for sale in the Republic of South Africa. Published in GG 40076 Notice Number 727 dated 17 June 2016.

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

National Environmental Management: Biodiversity Act 10 of 2004

29. Draft Biodiversity Management Plan for Pickersgill’s Reed Frog (hyperolius pickergilli). 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 40058 Notice Number 337 dated 10 June 2016.

National Water Act 36 of 1998

30. Proposed classes of water resources and resource quality objectives with the accompanying reserve for the catchments of the Mvoti to Umzimkulu. Written comments must be submitted within 60 days from the date of publication of this notice. Published in GG 40075 Notice Number 724 dated 17 June 2016.

National Environmental Management Act 107 of 1998

31. Draft Generic Environmental Management Programme. 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 40110 Notice Number 778 dated 1 July 2016.

Department of Environmental Affairs

32. Draft Strategy to Address Air Pollution in Dense Low-Income Settlements. Members of the public are invited to submit written comments within 60 days after the publication of the notice in the gazette. Published in GG 40088 Notice Number 356 dated 24 June 2016.

Department of National Treasury

33. Draft Regulations on the Carbon Offset in terms of the Draft Carbon Tax Bill. Written comments should be submitted by close of business on 29 July 2016. The draft regulations were published on the Department of National Treasury’s website

Spatial Data Infrastructure Act 54 of 2003

34. Proposed Spatial Data Infrastructure Regulations. All interested persons and organisations are invited to submit written comments within 30 days of publication of this notice. Published in GG 40058 Notice Number 698 dated 10 June 2016.

Civil Aviation Act 13 of 2009

35. Proposed amendment to the Civil Aviation Regulations 20166. Interested persons are invited to submit written comments on or before 4 July 2016. Published in GG 40049 Notice Number 686 dated 3 June 2016.

Petroleum Products Act 120 of 2997

36. Draft amendment to the regulations regarding petroleum products specification and standards. Interested persons and organisations are invited to submit written comments by no later than two months from the date of publication of this notice. Published in GG 40047 Notice Number 684 dated 3 June 2016.

Legal Metrology Act 9 of 2014

37. Proposed amendments to the compulsory specification for lamp-holders (VC8011). Any person who wishes to submit written comments must do so on or before the date two months after the publication of this notice. Published in GG 40091 Notice Number 754 dated 24 June 2016.

38. Proposed amendments to the compulsory specification for the safety of medium-voltage electric cables (VC8077). Any person who wishes to submit written comments must do so on or before the date two months after the publication of this notice. Published in GG 40091 Notice Number 755 dated 24 June 2016.

National Regulator for Compulsory Specifications Act 5 of 2008

39. Proposed amendments to the compulsory specification for electric cables with extruded solid dielectric insulation for fixed installations. Any person who wishes to submit written comments must do so on or before the date two months after the publication of this notice. Published in GG 40092 Notice Number 756 dated 24 June 2016.

Medicines and Related Substances Act 101 of 1965

40. Proposed Annual Single Exit Price Adjustment (SEPA) of medicines and scheduled substances for 2017. Interested persons are invited to submit written comments within 3 months from the date of publication of this notice. Published in GG 40093 Notice Number 759 dated 24 June 2016.

41. Proposed Dispensing Fee to be charged by persons licensed for 2017. Interested persons are invited to submit written comments within 3 months from the date of publication of this notice. Published in GG 40093 Notice Number 760 dated 24 June 2016.

Marketing of Agricultural Products Act 47 of 1996

42. Proposed application for the continuation of statutory measures in the Table Grape Industry. Directly affected groups are invited to submit written comments on or before 24 June 2016. Published in GG 40041 Notice Number 310 dated 3 June 2016.

43. Proposed application for the continuation of per hectare statutory levy to fund the Area Wide Mediterranean Fruit Fly Control Programme. Directly affected groups are invited to submit written comments on or before 15 July 2016. Published in GG 40088 Notice Number 354 dated 24 June 2016.

44. Proposed application for the continuation of statutory measures in the oilseeds industry. Directly affected groups are invited to submit written comments on or before 8 July 2016. Published in GG 40088 Notice Number 550 dated 24 June 2016.

Agricultural Product Standards Act 119 of 1990

45. Proposed amendments to the regulations relating to the grading, packing and marking of wheat products intended for sale in the Republic of South Africa. All interested parties are invited to submit written comments within 30 days from the date of publication of this notice. Published in GG 40041 Notice Number 616 dated 3 June 2016.

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

Eastern Cape Province

46. Disaster Management Act 57 of 2002: extension of declared local state of organic pollution disaster. Published in PG 3677 Notice Number 134 dated 3 June 2016.

47. Senqu Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3683 Notice Number 136 dated 13 June 2016.

48. Elundeni Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3689 Notice Number 2 dated 20 June 2016.

KwaZulu-Natal Province

49. Promotion of Access to Information Act 2 of 2000: Manual of the uMlalazi Municipality. Published in PG 1681 Notice Number 101 dated 2 June 2016.

50. Promotion of Access to Information Act 2 of 2000: Manual of the Umshwathi Municipality. Published in PG 1682 Notice Number 106 dated 9 June 2016.

51. Ugu District Municipality: Disaster Management By-law.  Published in PG 1684 Notice Number 69 dated 10 June 2016.

52. Emadlangeni Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1690 Notice Number 23 dated 23 June 2016.

53. Heritage KwaZulu-Natal: new submission fee structure for applications and services for 2016-2017. Published in PG 1688 Notice Number 19 dated 16 June 2016.

Western Cape Province

54. Commencement of the Western Cape Land Use Planning Act 3 of 2014 in certain municipal areas. Published in PG 7622 Notice Number 14 dated 1 June 2016.

55. Central Karoo District Municipality: Declaration of local disaster. Published in PG 7623 dated 3 June 2016.

56. Mossel Bay Municipality: Amendment to the by-law relating to the regulation of electricity supply. Published in PG 7623 dated 1 June 2016.

57. Drakenstein Municipality: Amendment to electricity supply by-law. Published in PG 7628 dated 10 June 2016.

58. Western Cape Nature Conservation Board has been assigned as the Management Authority of the Driftsands Provincial Nature Reserve. Published in PG 7628 Notice Number 237 dated 10 June 2016.

59. Western Cape Nature Conservation Board: declaration of the Papegaaiberg Nature Reserve. Published in PG 7628 Notice Number 238 dated 10 June 2016.

60. Bergrivier Municipality: Integrated Zoning Scheme By-law. Published in PG 7629 Notice Number 239 dated 18 June 2016.

61. Bergrivier Municipality: Fire Safety By-law. Published in PG 7637 dated 24 June 2016.

62. Knysna Municipality: Community Safety By-law. Published in PG 7634 dated 15 June 2016.

Limpopo Province

63. Makhado Local Municipality: Impoundment of Animals By-law. Published in PG 2713 Notice Number 59 dated 3 June 2016.

64. Makhado Local Municipality: Public Nuisance By-law. Published in PG 2713 Notice Number 58 dated 3 June 2016.

65. Makhado Local Municipality: Street Trading By-law. Published in PG 2713 Notice Number 57 dated 3 June 2016.

66. Makhado Local Municipality: Swimming Pools By-law. Published in PG 2713 Notice Number 56 dated 3 June 2016.

67. National Environmental Management Act 107 of 1998: Environmental Implementation Plan: Second Edition 2015-2020 for the Limpopo Provincial Government. Published in PG 2715 Notice Number 64 dated 10 June 2016.

68. Declaration of farms as nature reserves in terms of the National Environmental Management: Protected Areas Act 57 of 2003. Published in PG 2717 Notice Number 68 dated 17 June 2016.

69. Disaster Management Act 57 of 2002: Declaration of disaster area. Published in PG 2724 Notice Number 89 dated 24 June 2016.

70. Mogalakwena Municipality: Land Use Management By-law. Published in PG 2723 Notice Number 19 dated 24 June 2016.

71. Thulamela Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2722 Notice Number 99 dated 24 June 2016.

Mpumalanga Province

72. Nkangala District Municipality: Air Quality Management By-law. Published in PG 2701 Notice Number 45 dated 10 June 2016.

73. Nkangala District Municipality: Municipal Health By-law. Published in PG 2701 Notice Number 46 dated 10 June 2016.

74. Nkangala District Municipality: Fire Prevention and Flammable Liquids and Substances By-law. Published in PG 2701 Notice Number 47 dated 10 June 2016.

North-West Province

75. Rustenburg Municipality: Integrated Waste Management By-law. Published in PG 7653 Notice Number 105 dated 7 June 2016.

76. Rustenburg Municipality: Public Cemeteries By-law. Published in PG 7653 Notice Number 108 dated 7 June 2016.

77. Declaration of a provincial state of drought disaster. Published in PG 7659 Notice Number 23 dated 21 June 2016.

Gauteng Province

78. Midvaal Local Municipality: Amendments to the Water Services By-law and the Electricity Supply By-law. Published in PG 222 Notice Number 974 dated 22 June 2016.

Free State Province

79. Setsoto Municipality: Water Services By-law. Published in PG 33 Notice Number 87 dated 24 June 2016.

80. Manguang Metropolitan Municipality: Amendments to the following existing by-laws:
a. Lease of Municipal Halls by-law. Published in PG 34 Notice Number 88 dated 24 June 2016.
b. Fresh Produce Market by-law. Published in PG 34 Notice Number 89 dated 24 June 2016.
c. Municipal Cemeteries by-law. Published in PG 34 Notice Number 90 dated 24 June 2016.
d. Control of Collections by-law. Published in PG 34 Notice Number 91 dated 24 June 2016.
e. Electricity Supply by-law. Published in PG 34 Notice Number 92 dated 24 June 2016.
f. Child Care Facilities by-law. Published in PG 34 Notice Number 93 dated 24 June 2016.
g. Display of Property Numbers and Names by-law. Published in PG 34 Notice Number 94 dated 24 June 2016.
h. Municipal Swimming Pools by-law. Published in PG 34 Notice Number 95 dated 24 June 2016.
i. Discharge of Industrial Effluent by-law. Published in PG 34 Notice Number 96 dated 24 June 2016.
j. Licensing of Dogs by-law. Published in PG 34 Notice Number 97 dated 24 June 2016.

81. Manguang Metropolitan Municipality: Promulgation of the following new by-laws:
k. Public Amenities by-law. Published in PG 35 Notice Number 98 dated 24 June 2016.
l. Municipal Parks by-law. Published in PG 35 Notice Number 99 dated 24 June 2016.
m. Events by-law. Published in PG 35 Notice Number 100 dated 24 June 2016.
n. Public Streets by-law. Published in PG 35 Notice Number 101 dated 24 June 2016.
o. Public Nuisance by-law. Published in PG 35 Notice Number 102 dated 24 June 2016.
p. Building Regulation by-law. Published in PG 35 Notice Number 103 dated 24 June 2016.
q. Noise Control by-law. Published in PG 35 Notice Number 104 dated 24 June 2016.
r. Disaster Management by-law. Published in PG 35 Notice Number 105 dated 24 June 2016.
s. Traffic Regulations by-law. Published in PG 35 Notice Number 106 dated 24 June 2016.
t. Encroachment on Property by-law. Published in PG 35 Notice Number 107 dated 24 June 2016.
u. Municipal Libraries by-law. Published in PG 35 Notice Number 108 dated 24 June 2016.
v. Informal Trading by-law. Published in PG 35 Notice Number 108 dated 24 June 2016.
w. Keeping of Animals, Poultry and Bees by-law. Published in PG 35 Notice Number 109 dated 24 June 2016.
x. Initiation Schools by-law. Published in PG 35 Notice Number 111 dated 24 June 2016.

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

Eastern Cape Province

82. Makana Municipality: Draft Integrated Land Scheme is available for public comment until 12 August 2016. Published in PG 3683 Notice Number 49 dated 13 June 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 4 July 2016):

1. National Land Transport Amendment Bill (B7 of 2016)
2. Plant Improvement Bill (B8 of 2015)
3. Plant Breeders Rights Bill (B11 of 2015)
4. 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