JULY 2018 SUSTAINABILITY LEGISLATION UPDATE

Transcription

1 JULY 2018 SUSTAINABILITY LEGISLATION UPDATE Clients who have a current SHE Legal Register with IMBEWU as well as paid-up subscribers to the IMBEWU s SHE legislation update service are entitled to receive electronic copies of the government gazettes listed below. PART ONE: LEGISLATION, DRAFT LEGISLATION, REGULATIONS, POLICY AND OTHER DOCUMENTS Section A Environmental (National) Section B Safety and Health (National) Section C Safety, Health & Environmental (Draft National Legislation & Regulations) Section D Safety, Health & Environmental (Provincial Legislation & Municipal By-laws) Section E Safety, Health & Environmental (Draft Provincial Legislation & Municipal Bylaws) PART TWO: PARLIAMENTARY MONITORING

2 PART ONE: LEGISLATION, DRAFT LEGISLATION, REGULATIONS, POLICY AND OTHER DOCUMENTS - NATIONAL AND PROVINCIAL GAZETTES Some of the information is accessed through SECTION A: ENVIRONMENTAL (NATIONAL) National Environmental Management: Waste Act 59 of Regulations regarding the exclusion of a waste stream or a portion of a waste stream from the definition of waste. Published in GG Notice Number 715 dated 18 July National Environmental Management Act 107 of Corrections to the 2014 Environmental Impact Assessment (EIA) Regulations and Listing Notices. Published in GG Notice Number 706 dated 13 July National Environmental Management: Biodiversity Act 10 of Declaration of the Extension of Kwelera National Botanical Garden. Published in GG Notice Number 705 dated 13 July Income Tax Act 58 of Approval of Coega Special Economic Zone. Published in GG Notice Number 694 dated 6 July Approval of Dube Tradeport Special Economic Zone. Published in GG Notice Number 695 dated 6 July Approval of East London Special Economic Zone. Published in GG Notice Number 696 dated 6 July Approval of Maluti-A-Phofung Special Economic Zone. Published in GG Notice Number 697 dated 6 July Approval of Richards Bay Special Economic Zone. Published in GG Notice Number 698 dated 6 July Approval of Saldanha Bay Special Economic Zone. Published in GG Notice Number 699 dated 6 July 2018.

3 Employment Tax Incentive Act 26 of Designation by the Minister of Finance, with effect from 1 August 2018, for the Special Economic Zones approved in terms of the Income Tax Act 58 of Published in GG Notice Number 700 dated 6 July Broad-Based Black Economic Empowerment Act 53 of Memorandum of Understanding entered into between the B-BBEE Commission and The South African Revenue Service. Published in GG Notice Number 374 dated 6 July 2018 and GG Notice Number 418 dated 27 July Marine Living Resources Act 18 of Commencement of 2020 Fishing Rights Allocation Process ("FRAP2020") for granting of Commercial Fishing Rights in terms of section 18 of the Act. Published in GG Notice Number 718 dated 20 July Statistics South Africa 13. Consumer Price Index: June Published in GG Notice Number 416 dated 27 July SECTION B: SAFETY AND HEALTH (NATIONAL) National Health Act 61 of Material Transfer Agreement of Human Biological Materials. Published in GG Notice Number 719 dated 20 July Agricultural Product Standards Act 119 of Amendment to the standards and requirements regarding control of the export of fresh cut flowers and fresh ornamental foliage. Published in GG Notice Number 747 dated 27 July SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL (DRAFT NATIONAL LEGISLATION AND REGULATIONS) National Environmental Management: Waste Act 59 of Proposed amendments to the National Waste Information Regulations, Members of the public are invited to submit written comments within 30 days after the publication of this notice. Published in GG Notice Number 701 dated 6 July 2018.

4 National Environmental Management Act 107 of Proposed Regulations to Phase-out the use of Persistent Organic Pollutants. Members of the public are invited to submit written representations on or objections to the proposed amendments within 30 days after the publication of this notice. Published in GG Notice Number 744 dated 24 July National Energy Act of Draft Regulations for the mandatory display and submission of energy performance certificates for buildings. Interested persons and organisations are invited to submit written comments within 60 days. Published in GG Notice Number 369 dated 6 July National Forests Act 84 of Proposed list of particular trees and particular groups of trees to be declared as Champion Trees. Interested and affected parties are invited to submit written comments within 60 days of the publication of this notice. Published in GG Notice Number 430 dated 3 August Mineral and Petroleum Resources Development Act 28 of Proposed prohibition or restriction of prospecting or mining relating to the social and political climate at Xolobeni. Relevant stakeholders are invited to submit written presentations within 21 days from the date of publication of this notice. Published in GG Notice Number 781 dated 3 August National Health Amendment Bill, Notice of intent to introduce the Bill into Parliament and invitation for public comment thereon. Interested parties and institutions are invited to submit written representations within 30 days of the publication of this notice. Published in GG Notice Number 408 dated 24 July South African Maritime and Aeronautical Search and Rescue Act 44 of Draft South African Emergency Beacon Regulations, Interested persons are invited to submit their written comments within 30 days of the publication of this notice. Published in GG Notice Number 743 dated 23 July Proposed South African Aeronautical and Maritime Search and Rescue (AMSAR) Amendment Regulations, Interested persons are invited to submit their written comments within 30 days from the date of publication of this Notice. Published in GG Notice Number 419 dated 26 July 2018.

5 Medicines and Related Substances Act 101 of Draft dispensing fee to be charged by persons licensed in terms of section 22c(1)(a). Interested persons are requested to submit comments in writing within 3 months of publication of this notice. Published in GG Notice Number 702 dated 9 July Draft regulations relating to a transparent pricing system for medicines and scheduled substances: (draft dispensing fee for pharmacists). Interested persons are requested to submit comments in writing within 3 months of publication of this notice. Published in GG Notice Number 703 dated 9 July Proposed annual Single Exit Price Adjustment (SEPA) of medicines and scheduled substances for the year Interested persons are requested to submit comments in writing within 3 months of publication of this notice. Published in GG Notice Number 704 dated 9 July National Regulator for Compulsory Specifications Act 5 of Draft compulsory specification for processed meat products. Interested persons are invited to submit written comments on or before the date 2 months from the publication of this notice. Published in GG Notice Number 724 dated 20 July Standards Act of Draft standards issued for public comment, proposed amendments to existing SANS codes for public comment, issuance of new standards, amendment of current standards and withdrawn standards. Published in GG Notice Number 404 dated 20 July 2018, in GG Notice Number 393 dated 13 July 2018 and in GG Notice Number 439 dated 3 August Nursing Act 33 of Proposed regulations regarding the register for learner/student nurses and learner/student midwives. Interested persons are requested to submit written comments within 3 months from the date of publication of this notice. Published in GG Notice Number 720 dated 20 July Proposed regulations relating to the approval of and the minimum requirements for the education and training of a learner/student leading to the registration in the category midwife. Interested persons are requested to submit written comments within 3 months from the date of publication of this notice. Published in GG Notice Number 713 dated 11 July Astronomy Geographic Advantage Act 21 of Notice of intention to declare certain mining activities to be prohibited within the Sutherland Central Astronomy Advantage Area in terms of the Act. Interested or affected persons and members of the public are invited to submit written comments within 60 days from the date of publication of this notice. Published in GG Notice Number 745 dated 25 July 2018.

6 32. Notice of intention to make regulations on the protection measures to be applied within the Sutherland Central Astronomy Advantage Area in terms of the Act. Interested or affected persons and members of the public are invited to submit written comments within 60 days from the date of publication of this notice. Published in GG Notice Number 746 dated 25 July Special Economic Zones Act 16 of Draft Amendment Regulations on Governance and Composition of Specific Economic Zones. Members of the public are invited to submit written comments within 30 days from the publication of this notice. Published in GG Notice Number 790 dated 3 August Department of Agriculture, Forestry and Fisheries 34. Draft National Policy on Comprehensive Producer Development Support. Interested and affected parties are invited to submit written comments within 60 days from the date of publication of this notice. Published in GG Notice Number 429 dated 3 August Draft Climate Smart Agriculture Strategic Framework. Interested persons are invited to submit written comments within 60 days from the date of publication of this notice. Published in GG Notice Number 428 dated 3 August Agricultural Product Standards Act 119 of Proposed regulations relating to the grading, packing and marking of pulses intended for sale in the Republic of South Africa. Interested parties are invited to submit written comments within 5 weeks from the date of publication of the notice. Published in GG Notice Number 717 dated 20 July SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL (PROVINCIAL LEGISLATION AND MUNICIPAL BY-LAWS) Western Cape Province 37. Heritage Western Cape: Formal Protection of Archaeological Sites. Published in PG 7956 dated 13 July City of Cape Town: Water Amendment By-Law, Published in PG 7962 dated 20 July City of Cape Town Metropolitan Municipality: Extension of a Local State of Disaster as a result of the fire in Hout Bay in March Published in PG 7961 dated 20 July City of Cape Town Metropolitan Municipality: Extension of Declaration of a Local State of Disaster as a result of the drought conditions. Published in PG 7961 dated 20 July 2018.

7 41. Langeberg Municipality: Adoption of Spatial Development Framework. Published in PG 7956 dated 13 July Swartland Municipality: Extension of Declaration of a Local State of Disaster within the boundaries of the Swartland Municipality due to the continuing drought. Published in PG 7956 dated 13 July 2018 and in PG 7963 Notice Number 6 dated 27 July Drakenstein Local Municipality: Extension of Declaration of a Local State of Disaster. Published in PG 7963 dated 27 July KwaZulu-Natal Province 44. Local Government Municipal Systems Act 32 of 2000 : Nkosazana Dlamini Zuma Local Municipality By-Laws. Published in PG 1972 Notice 83 dated 12 July 2018: a. Aerodrome By-law; b. Control and Discharge of Fireworks by-law; c. Public Amenities By-law; d. Public Roads and Municipal Streets By-law; e. Public Transport By-law; f. Road Traffic By-law; g. Stormwater Management By-law; and h. Waste Management By-law. 45. Umlalazi Local Municipality: Spatial Planning and Land Use Management By-Law. Published in PG 1972 Notice 81 dated 12 July National Environmental Management: Protected Areas Act 57 of 2003: Re-declaration of the Ukhahlamba Drakensberg Park World Heritage Site as a nature reserve in terms of the Act. Published in PG 1969 Notice 72 dated 5 July Gauteng Province 47. Gauteng Road Traffic Act 10 of 1997: Implementation date of the Gauteng Provincial Road Traffic Amendment Regulations, 2018 is 1 August Published in PG 190 Notice Number 718 dated 11 July Disaster Management Act 57 of 2002: City of Johannesburg Metropolitan Municipality: Extension of Local State of Disaster. Published in PG 201 Notice Number 764 dated 20 July City of Tshwane Metropolitan Municipality: Library and Information Services By-law. Published in PG 190 Notice Number 1083 dated 11 July 2018.

8 50. Midvaal Local Municipality: Commencement date of the Spatial Planning and Land Use Management By-law is 1 August Published in PG 210 Notice Number 1204 dated 1 August North-West Province 51. Spatial Planning and Land Use Management Act 16 of 2013: Madibeng Local Municipality: adoption of Municipal Spatial Development Framework, Published in PG 7907 Notice 74 dated 17 July Limpopo Province 52. National Environmental Management: Protected Areas Act 57of 2003: Declaration of Attached Respective Land Parcels as Nature Reserves. Published in PG 2923 Notice Number 109 dated 20 July Eastern Cape Province 53. Disaster Management Act 57 of 2002: Kouga Local Municipality (EC108): Extension of Local State of Disaster. Published in PG 4081 Notice Number 133 dated 12 July Disaster Management Act 57 of 2002: Declaration of the Local State of Drought Disaster in terms of section 55(1) of the Act. Published in PG 4076 Notice Number 116 dated 9 July 2018 and in PG 4084 Notice Number 166 dated 16 July Disaster Management Act 57 of 2002: Re-declaration of the Local State of Drought Disaster in the Sarah Baartman District Municipality. Published in PG 4088 Notice Number 149 dated 23 July 2018 and in PG 4084 Notice Number 166 dated 16 July SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL (DRAFT PROVINCIAL LEGISLATION AND MUNICIPAL BY-LAWS) Gauteng Province 56. Gauteng Transport Authority Bill, 2018: Interested persons are invited to submit written comments by no later than or on 27 August Published in PG 193 Notice Number 729 dated 13 July 2018.

9 KwaZulu-Natal Province 57. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare the Meycol Nature Reserve. Members of the public are invited to submit written comments within 60 days of its publication. Published in PG 1975 Notice Number 82 dated 19 July Northern Cape Province 58. Notice of intention to compile of a Land Use Management System (Zoning Scheme, Land Development Procedures, Regulations and By-laws) for the Kgatelope Municipality. Published in PG 2202 Notice Number 95 dated 30 July Western Cape Province 59. National Environmental Management: Protected Areas Act 57 of 2003: Notice of intention to declare the Shaw s Pass Nature reserve. Members of the public are invited to submit written comments within 60 days of publication of this notice. Published in PG 7963 Notice Number 100 dated 27 July PART TWO: PARLIAMENTARY MONITORING This information was accessed through the Parliamentary Monitoring Group at The Constitution describes four kinds of bills, namely: 1. Section 74 bills: Constitutional amendments. 2. 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. 3. Section 76 bills: Ordinary bills affecting the provinces. The NCOP and the NA both consider Section 76 bills. 4. 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. See and

10 BILLS BEFORE PARLIAMENT (AS OF 3 AUGUST 2018) 1. Aquaculture Development Bill (B22 of 2018) 2. Local Government: Municipal Structures Amendment Bill (B19 of 2018) 3. Labour Relations Amendment Bill (B32 of 2017) 4. National Minimum Wage Bill (B31 of 2017) 5. Basic Conditions of Employment Amendment Bill (B30 of 2017) 6. Labour Laws Amendment Bill (B29 of 2017) 7. South African National Roads Agency Limited and National Roads Amendment Bill (B20 of 2017) 8. National Environmental Management Laws Amendment Bill (B14 of 2017) 9. Marine Spatial Planning Bill (B9 of 2017) 10. National Forests Amendment Bill (B11 of 2016) 11. National Land Transport Amendment Bill (B7 of 2016) 12. Plant Improvement Bill (B8 of 2015) 13. Plant Breeders Rights Bill (B11 of 2015) 14. Mineral and Petroleum Resources Development Amendment Bill (B15 of 2013)

11 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 the 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. 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. 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.