LEGISLATION, REGULATION AND PARLIAMENTARY UPDATE

Transcription

1 Legislation Regulation and Parliamentary Update: Part One: Legislation, Draft Legislation, Regulations, Policy and other documents Section A Environmental (National) Section B Safety and Health (National) Section C Safety, Health and Environmental (Draft National Legislation and Regulation) Section D Safety, Health & Environmental (Provincial Legislation & Municipal By-laws) Section E Safety, Health & Environmental (Draft Provincial Legislation & By-laws) Part Two: Parliamentary Monitoring LEGISLATION, REGULATION AND PARLIAMENTARY UPDATE PART ONE: LEGISLATION, DRAFT LEGISLATION, REGULATIONS, POLICY AND OTHER DOCUMENTS - NATIONAL AND PROVINCIAL GAZETTES Subscribers to IMBEWU s SHE legislation update service should contact: lulu@imbewu.co.za to obtain electronic copies of any of the government gazettes referred to in this part. Please note that only paid-up subscribers to the IMBEWU s SHE legislation update service are entitled to receive electronic copies of the government gazettes listed below from IMBEWU. When requesting a particular government gazette please quote the number of the relevant document found below, e.g., 1, 2, etc. Some of the information in this part is accessed through Disclaimer: The information contained in the IMBEWU Monthly Sustainability Newsletter and Legislation Update has been obtained from sources believed to be reliable. IMBEWU does not warrant the accuracy, completeness or adequacy of such information. 53 Dudley Road, Corner Bolton Avenue, Parkwood, Johannesburg, 2193 Tel: /1 Fax: Cell: admin@imbewu.co.za and Managing Director: Catherine Warburton IMBEWU SUSTAINABILITY LEGAL SPECIALISTS (PTY) LTD Registration No. 2000/025124/07

2 2 SECTION A: ENVIRONMENTAL (NATIONAL) Marine Living Resources Amendment Act 5 of Commencement date of the Amendment Act is 8 Published in GG Notice Number 12 dated 8 Marine Living Resources Act 18 of Regulations relating to small-scale fishing. Published in GG Notice Number 229 dated 8 March National Environmental Management: Air Quality Act 39 of Regulations prescribing the atmospheric emission licence processing fee. Published in GG Notice Number 250 dated Regulations for the procedure and criteria to be followed in the determination of an administrative fine in terms of section 22A of the Act. Published in GG Notice Number 332 dated 18 National Environmental Management Act 107 of Air Quality Offsets Guideline. Published in GG Notice Number 333 dated Department of Energy: 3 rd Edition Environmental Management Plan ( ). Published in GG Notice Number 255 dated 16 National Environmental Management: Protected Areas Act 57 of Norms and Standards for the Management of Protected Areas in South Africa. Published in GG Notice Number 382 dated Declaration of land as the Mountain Zebra Camdeboo Protected Environment. Published in GG Notice Number 14 dated 1 April Regulations for the Mountain Zebra Camdeboo Protected Environment. Published in GG Notice Number 15 dated 1 April National Environmental Management: Biodiversity Act 10 of Biodiversity Management Plan for the Clanwilliam Sandfish (Labeo Seeberi). Published in GG Notice Number 406 dated 1 April National Heritage Resources Act 25 of Declaration of heritage resources as National Heritage Sites. Published in GG Notice Number 260 dated Declaration of the grave of Dr James Moroka and Mr Thomas Mapikela as National Heritage Sites. Published in GG Notice Number 366 dated 24 National Water Act 36 of Pongola-Mzimkhulu Water Management Area: Limiting the use of water for irrigation, domestic and industrial purposes from various dams and river systems. Published in GG Notice Number 369 dated 24 Promotion of Access to Information Act 2 of Manual: KwaZulu-Natal Department of Agriculture and Rural Development. Published in GG dated Manual: Limpopo Provincial Department of Agriculture and Rural Development. Published in GG dated 9

3 3 Broad-Based Black Economic Empowerment Amendment Act 53 of Code of Good Practice for the Marketing, Advertising and Communication Sector Code. Published in GG Notice Number 387 dated 1 April SECTION B: SAFETY AND HEALTH (NATIONAL) Occupational Health and Safety Act 85 of Amendment to the schedule in the Lift, Escalator and Passenger Conveyor Regulations Published in GG Notice Number 256 dated 16 Medicines and Related Substances Act 101 of Updating of schedules on the recommendation of the Medicines Control Council. Published in GG Notice Number 254 dated 15 Compensation for Occupational Injuries and Diseases Act 130 of ` Annual increase in medical tariffs for medical service providers: Renal Care. Published in GG Notice Number 144 dated Annual increase in medical tariffs for medical service providers: Wound Care. Published in GG Notice Number 143 dated Annual increase in medical tariffs for medical service providers: Physiotherapist. Published in GG Notice Number 142 dated Annual increase in medical tariffs for medical service providers: Blood Services. Published in GG Notice Number 141 dated Annual increase in medical tariffs for medical service providers: Social Workers Psychologist. Published in GG Notice Number 140 dated Annual increase in medical tariffs for medical service providers: Hospital. Published in GG Notice Number 139 dated Annual increase in medical tariffs for medical service providers: Fees for Medical Aid. Published in GG Notice Number 146 and 147 dated Annual increase in medical tariffs for medical service providers: Dental Gazette Published in GG Notice Number 161 dated Annual increase in medical tariffs for medical service providers: Orthotic and Prosthetic Supply Gazette. Published in GG Notice Number 185 dated Annual increase in medical tariffs for medical service providers: Hospital Gazette Published in GG Notice Number 162 dated 31 Standards Act 8 of Issue of new SANS Standards. Published in GG Notice Number 95 dated 4 The Sugar Industry Agreement The South African Sugar Association has published the varieties of sugarcane. Published in GG Notice Number 405 dated 1 April Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of Amendment to the regulations relating to the registration of fertilizers, farm feeds, agricultural remedies, stock remedies, sterilizing plants and pesto control operators, appeals and imports. Published in GG Notice Number 372 dated 29

4 4 SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL Draft National Legislation and Regulations Water Services Act 108 of Extension of comment period for the proposed Norms and Standards for water services tariffs and the pricing strategy for water use charges as published on 13 November The due date for submitting comments is now 31 Published in GG Notice Number 96 dated 4 Marine Spatial Planning Bill The Bill has been published for public comment. Any person who wishes to submit written comments is invited to do so within 60 days from the date of publication in the government gazette. Published in GG Notice Number 347 dated 24 National Regulator for Compulsory Specifications Act 5 of Proposed amendment to the Compulsory Specification for Pheumatic Tyres for commercial use and their trailers. All interested persons are invited to submit written comments on or before the date 2 months after the publication of this notice. Published in GG Notice Number 214 and 215 dated Proposed amendment to the Compulsory Specification for Live Lobsters. All interested persons are invited to submit written comments on or before the date 2 months after the publication of this notice. Published in GG Notice Number 213 dated Proposed amendment to the Compulsory Specification for Hot Water Storage Tanks for Domestic Use. All interested persons are invited to submit written comments on or before the date 2 months after the publication of this notice. Published in GG Notice Number 212 dated Proposed amendments to the Compulsory Specification for the safety of flexible cords for electrical appliances. All interested persons are invited to submit written comments on or before the date 2 months after the publication of this notice. Published in GG Notice Number 231 dated Proposed amendments to the Compulsory Specification for electric motor-operated hand-held tools, transportable tools and lawn and garden machinery. All interested persons are invited to submit written comments on or before the date 2 months after the publication of this notice. Published in GG Notice Number 232 dated 10 Special Economic Zones Act 16 of Intention to designate the South African Energy and Metallurgical Special Economic Zone in Musina/Makhado in the province of Limpopo. Interested parties are invited to submit written comments within 30 days from the date of publication of this notice. Published in GG Notice Number 116 dated 11 Spatial Data Infrastructure Act 54 of Draft National Standards on Land Cover Classes and Definitions. All interested persons are invited to submit written comments within 60 days of publication of this notice. Published in GG Notice Number 148 dated 24 South African Weather Service Act 8 of Draft regulations regarding the fees for the provision of aviation meteorological services. 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 Notice Number 216 dated 3 Legal Metrology Act 9 of Draft regulations. Interested persons are invited to submit written comments within 60 days from the date of publication of this notice. Published in GG Notice Number 331 dated 18

5 5 National Land Transport Amendment Bill Notice of intention to introduce the Bill into Parliament. Published in GG Notice Number 233 dated 10 Broad-Based Black Economic Empowerment Amendment Act 53 of Draft Amended Financial Services Sector Code. Interested parties are invited to submit written comments within 60 days from the date of this publication. Published in GG Notice Number 257 dated 17 Foodstuffs, Cosmetics and Disinfectants Act 54 of Proposed regulations relating to the fortification of certain foodstuffs. Interested persons are invited to submit written comments within 3 months from the date of publication of this notice. Published in GG Notice Number 217 dated 3 SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL Provincial Legislation and Municipal By-Laws Gauteng Province 46. City of Tshwane Metropolitan Municipality: Land Use Management By-law. Published in PG 72 Notice Number 327 dated City of Tshwane Metropolitan Municipality: Fire Brigade Service By-law. Published in PG 83 Notice Number 396 dated National Environmental Management: Waste Act 59 of 2008: List of registered persons in terms of the Gauteng Waste Information Regulations Published in PG 88 Notice Number 353 dated Disaster Management Act 57 of 2002: extension of declaration of local state of disaster. Published in PG 86 Notice Number 398 dated Ekurhuleni Metropolitan Municipality: Ombudsman By-law. Published in PG 105 Notice Number 470 dated 30 North-West Province 51. City of Matlosana: Spatial Planning and Land Use Management By-law. Published in PG 7622 Notice Number 31 dated Tlokwe City Council: Spatial Planning and Land Use Management By-law. Published in PG 7629 Notice Number 36 dated Ventersdorp: Spatial Planning and Land Use Management By-law. Published in PG 7629 Notice Number 71 dated Kgetlengrivier Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 7630 Notice Number 72 dated Moretele Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 7627 Notice Number 63 dated The Greater Taung Municipality: Spatial Planning and Land Use Management By-law. Published in PG 7627 Notice Number 64 dated National Environmental Management: Protected Areas Act 57 of 2003: Establishment of the Molopo Oog Nature Reserve. Published in PG 7624 Notice Number 38 dated National Environmental Management: Protected Areas Act 57 of 2003: Establishment of the Marico Protected Environment. Published in PG 7624 Notice Number 37 dated 11

6 6 59. National Environmental Management: Protected Areas Act 57 of 2003: Establishment of the Rietspruit Rusoord Nature Reserve. Published in PG 7624 Notice Number 36 dated Nature Conservation Ordinance 12 of 1983: Correction notice: North-West Hunting Regulations PG 7607 of 3 February 2016 is withdrawn and replaced with PG 7631 Notice Number 41 dated 23 Eastern Cape Province 61. Joe Gqabi District Municipality: Extension of the declared local state of organic pollution disaster. Published in PG 3606 Notice Number 23 dated Joe Gqabi District Municipality: Extension of the declared local state of drought disaster. Published in PG 3606 Notice Number 22 dated National Environmental Management: Protected Areas Act 57 of 2003: Declaration notice: nature reserves and protected environments. Published in PG 3607 Notice Number 24 dated Camdeboo Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3608 Notice Number 18 dated Kouga Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3609 Notice Number 19 dated Greater Kei Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3610 Notice Number 20 dated Matatiele Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3611 Notice Number 21 dated Intsika Yethu Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3612 Notice Number 22 dated Ndlambe Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3613 Notice Number 23 dated Mbizana Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3614 Notice Number 24 dated Mbhashe Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3615 Notice Number 25 dated Engcobo Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3616 Notice Number 26 dated Inxuba Yethemba Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3617 Notice Number 27 dated Amahlathi Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3619 Notice Number 28 dated Nxuba Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3631 Notice Number 31 dated Lukhanji Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3632 Notice Number 32 dated Ingquza Hill Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3633 Notice Number 33 dated Kou-Kamma Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3634 Notice Number 34 dated 24

7 7 79. Sundays River Valley Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3635 Notice Number 35 dated Makana Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3636 Notice Number 36 dated Emalahleni Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3637 Notice Number 37 dated Sakhisizwe Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3638 Notice Number 38 dated Ngqushwa Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3639 Notice Number 39 dated Elundini Local Municipality: Advertising Signs and Disfigurement of the Frontages of Streets By-law. Published in PG 3643 Notice Number 42 dated Elundini Local Municipality: Building Control By-law. Published in PG 3643 Notice Number 44 dated Elundini Local Municipality: Cemeteries By-law. Published in PG 3643 Notice Number 45 dated Elundini Local Municipality: Fire Safety By-law. Published in PG 3643 Notice Number 46 dated 29 Free-State Province 88. Declaration of a provincial state of disaster for purpose of the drought. Published in PG 157 Notice Number 214 dated Free-State Standard Business Regulations By-law. Published in PG 163 Notice Number 228 dated Nketoana Local Municipality: Municipal Land Use Planning By-law. Published in PG 164 Notice Number 229 dated Tokologo Local Municipality: Municipal Land Use Planning By-law. Published in PG 162 Notice Number 227 dated 18 KwaZulu-Natal Province 92. Extension of the declaration of a provincial state of disaster. Published in PG 1634 Notice Number 63 dated Ezinqoleni Municipality: Municipal Planning and Land Use Management By-law. Published in PG 1622 Notice Number 27 dated Dannhauser Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1624 Notice Number 29 dated Nquthu Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1627 Notice Number 32 dated Umzimkhulu Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1628 Notice Number 33 dated Nongoma Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1629 Notice Number 34 dated Kwadukuza Municipality: Spatial Planning and Land Use Management By-law (replacement of the bylaw published PG 1619 of 26 February 2016). Published in PG 1630 Notice Number 35 dated 4

8 8 99. Ndwedwe Local Municipality: Spatial Planning and Land Use Management By-law (replacement of the by-law published PG 1619 of 26 February 2016). Published in PG 1631 Notice Number 36 dated Ubuhlebezwe Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1632 Notice Number 37 dated Kwasani Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1633 Notice Number 38 dated Umdoni Local Municipality: Amendment to the Spatial Planning and Land Use Management By-law. Published in PG 1623 Notice Number 28 dated Commencement date of the Endumeni Spatial Planning and Land Use Management By-law is 1 Published in PG 1625 Notice Number 30 dated Amendment to the Umzumbe Spatial Planning and Land Use Management By-law. Published in PG 1626 Notice Number 31 dated 4 Limpopo Province 105. Thabazimbi Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2681 Notice Number 27 dated Fetakgomo Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2682 Notice Number 28 dated Limpopo Environmental Management Act 7 of 2003: Open Season to Hunt Game. Published in PG 2694 Notice Number 31 dated 23 Northern Cape Province 108. Spatial Planning and Land Use Management Guideline By-law. Amended for the Nama Khoi Municipality. Published in PG 1994 Notice Number 24 dated 4 March 2016 and PG 2000 Notice Number 27 dated 29 Western Cape Province 109. Commencement of the Western Cape Land Use Planning Act 3 of 2014 in certain municipal areas. Published in PG 7586 Notice Number 5 dated Drakenstein Local Municipality: Integrated Waste Management By-law. Published in PG 7581 dated 11 SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL Draft Provincial Legislation and Municipal By-Laws KwaZulu-Natal Province 111. Notice of intention to re-declare certain nature reserves, designate a wilderness area and declare a new nature reserve. Members of the public are invited to submit written comments within 60 days of its publication. Published in PG 1621 Notice Number 6 dated Publication of Standard Draft By-laws: 1. Liquor Trading By-law, 2. Child Care Facilities By-Law, 3. Nuisances and behaviour in public places By-law, 4. Municipal Transport By-law, 5. Municipal Parks and Recreational Grounds By-law, 6. Municipal Premises and Facilities By-law, 7. Beaches Bylaw, 8. Uniform Standing Procedure (Addendum to Standing Rules and Orders), 9. Water Supply Bylaw, 10. Waste Removal By-law, 11. Sewerage By-law, 12. Advertising By-law, 13. Fire By-law, 14. Environmental Health By-law. Interested parties are invited to submit written comments by no later than 30 days after the publication hereof. Published in PG 1647 Notice Number 72 dated 31 March 2016.

9 9 Eastern Cape Province 113. Eastern Cape Consumer Protection Bill Any person who wishes to comment on the Bill must do so in writing within 30 days of publication hereof. Published in PG 3618 Notice Number 25 dated 4 Gauteng Province 114. Tourism Act 3 of 2014: draft regulations for tourist guiding. Interested parties are invited to submit written comments within 60 days of publication of the notice in the gazette. Published in PG 89 Notice Number 354 dated Merafong Municipality: draft Spatial Development Framework. All interested and affected parties are invited to submit written comments for a period of 60 days from this publication. Published in PG 100 Notice Number 452 dated Proposed exclusions and minimum standards for listed activities to be excluded from the requirement to obtain environmental authorisation. Members of the public are invited to submit written comments within 30 days of publication of this notice. Published in PG 113 Notice Number 253 dated 30 March Ekurhuleni Metropolitan Municipality: Draft by-law on Billboards and the Display of Advertisements. Any person may submit written comments by no later than 3 May Published in PG 114 Notice Number 509 dated 30 Northern Cape Province 118. John Taolo Gaetsewe District Municipality: District Spatial Framework Development Review. All communities and stakeholders are encouraged to participate in the consultation processes that will be provided during the review process. Published in PG 1998 Notice Number 4 dated 18 PART TWO: PARLIAMENTARY MONITORING This information accessed through the Parliamentary Monitoring Group ( 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. ( and

10 10 Sustainability Related Legislative Programme: Parliament of South Africa BILLS BEFORE PARLIAMENT (as of 5 April 2016): 1. Plant Improvement Bill (B8 of 2015) 2. Plant Breeders Rights Bill (B11 of 2015) 3. Mineral and Petroleum Resources Development Amendment Bill (B15 of 2013) 1. Mineral and Petroleum Resources Amendment Bill (B15 of 2013) IMBEWU Sustainability Legal Specialists (Pty) Ltd is a Johannesburg (South Africa) based legal specialist consultancy providing services to the South African and international markets. IMBEWU specialises in all aspects of environmental, energy, mining and health & safety law. IMBEWU collaborates with law firm Warburton Attorneys in order to provide specialist environmental litigation and other legal services, including commercial services, to its clients and also to provide attorney client privilege, where appropriate. Specific services include: Undertaking SHE legal compliance audits. Undertaking environmental legal due diligence investigations. Compiling environmental legal reviews of environmental management plans for environmental impact assessments and providing process advice. Advising on environmental authorisation requirements. Conducting training sessions on environmental legal auditing and general environmental legal compliance issues. The provision of site specific SHE Electronic Legal Registers. Environmental legal and climate change training and capacity building. Corporate sustainability reporting. IMBEWU approaches sustainability & environmental legal issues from an integrated and multi-disciplinary perspective and we work closely with a range of other specialists, including environmental scientists, engineers, health and safety specialists and public participation specialists, to produce team reports that integrate a wide variety of relevant issues. 53 Dudley Road, Corner Bolton Avenue, Parkwood, Johannesburg, 2193 Tel: Fax: Cell: admin@imbewu.co.za Eastern Cape Satellite Office at 62 Westbourne Road, Kenton On Sea and Please visit IMBEWU s publications page for downloadable articles and papers on our areas of practice. Managing Director: Catherine Warburton IMBEWU SUSTAINABILITY LEGAL SPECIALISTS (PTY) LTD Registration No. 2000/025124/07