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) National Environmental Management Act 107 of Section 24H Registration Authority Regulations. Published in GG Notice Number 849 dated 22 July National Environmental Management: Integrated Coastal Management Act 24 of Appeal regulations. Published in GG Notice Number 815 dated 8 July National Environmental Management: Biodiversity Act 10 of Publication of Alien and Invasive Species lists. Published in GG Notice Number 864 dated 29 July National Land Transport Act 5 of Minimum requirements for the preparation of Integrated Transport Plans. Published in GG Notice Number 881 dated 29 July Promotion of Access to Information Act 2 of Description submitted in terms of section 15(1) by the Gauteng Department of Sport, Arts, Culture and Recreation. Published in GG Notice Number 835 dated 15 July Description submitted in terms of section 15(1) by the Swartland Municipality. Published in GG Notice Number 851 dated 22 July Description submitted in terms of section 15(1) by the KwaZulu-Natal Provincial Government: Department of Transport. Published in GG Notice Number 853 dated 22 July SECTION B: SAFETY AND HEALTH (NATIONAL) Mine Health and Safety Act 29 of Guideline for a Mandatory Code of Practice for Risk Based Emergency Care on a Mine. Published in GG Notice Number 840 dated 15 July Guidance Note for the Implementation of Standard Threshold Shift in Medical Surveillance of Noise Induced Hearing Loss. Published in GG Notice Number 839 dated 15 July Plants Breeders Rights Act 15 of Plant Breeders Rights process for the period October 2015 December Published in GG Notice Number 844 dated 22 July Marketing of Agricultural Products Act 47 of Continuation of statutory measure and determination of guideline price: levies relating to pigs. Published in GG Notice Number 845 dated 22 July Continuation of statutory measures: records and returns by abattoirs and exporters of live pigs. Published in GG Notice Number 846 dated 22 July Continuation of statutory measures: registration by abattoirs and exporters of live pigs. Published in GG Notice Number 847 dated 22 July Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of Prohibition on the import, export, possession, acquisition, sales, use and disposal of certain agricultural remedies. Published in GG Notice Number 879 dated 29 July 2016.

3 3 SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL Draft National Legislation and Regulations National Water Act 36 of Draft Policy on Sustainable Hydropower Generation. Members of the public are invited to submit written comments within 60 days from the date of publication of the notice in the gazette. Published in GG Notice Number 400 dated 8 July 2016 and published again in GG Notice Number 436 dated 15 July Proposed Mzimvubu Water Project and the environmental impact assessment relating thereto. Interested parties are invited to submit written comments by 29 September Published in GG Notice Number 856 dated 22 July National Forests Amendment Bill 11 of The Minister of Agriculture, Forestry and Fisheries introduced the Bill to the National Assembly on 21 July See: Publication of the explanatory summary of the Bill. Published in GG Notice Number 827 dated 15 July National Environmental Management: Biodiversity Act 10 of Invitation for communities and individuals who have traditional knowledge associated with Kudu Berry Tree (Pseudolachnostylis Maprouneifolia) and Wing Pod Tree (Xeroderris Stuhlmannii) to submit their names with evidence in writing within 30 days from the date of publication of this notice. Published in GG Notice Number 470 dated 29 July National Health Act 61 of Proposed Emergency Medical Services Regulations. Interested persons are invited to submit written comments within 3 months of this notice. Published in GG Notice Number 830 dated 15 July Medicines and Related Substance Act 101 of Proposed amendment to the general regulations. Interested persons are invited to submit written comments within 1 month of the publication of this notice. Published in GG Notice Number 858 dated 25 July Marketing of Agricultural Products Act 47 of Application for the continuation of statutory measures in terms of the dried fruit industry. Directly affected groups are invited to submit written comments on or before 15 August Published in GG Notice Number 385 dated 8 July Agricultural Product Standards Act 119 of Invitation to prospective assignees to submit their written expression of interest by making an application to be designated by the Minister. Published in GG Notice Number 826 dated 15 July SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL Provincial Legislation and Municipal By-Laws Limpopo Province 23. Elias Motsoaledi Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2730 Notice Number 20 dated 1 July 2016.

4 4 Mpumalanga Province 24. Emakhazeni Local Municipality: Accommodation Establishment By-law. Published in PG 2708 Notice Number 60 dated 1 July Emakhazeni Local Municipality: Water Supply and Sanitation Services By-law. Published in PG 2708 Notice Number 61 dated 1 July Emakhazeni Local Municipality: Heritage Resources and Cultural Institutions By-law. Published in PG 2708 Notice Number 63 dated 1 July Emakhazeni Local Municipality: Fences and Fencing By-law. Published in PG 2708 Notice Number 64 dated 1 July Emakhazeni Local Municipality: Waste Management By-law. Published in PG 2708 Notice Number 66 dated 1 July Emakhazeni Local Municipality: Nuisances and Offensive Conditions By-law. Published in PG 2708 Notice Number 67 dated 1 July Mbombela Local Municipality: Solid Waste Management By-law. Published in PG 2714 Notice Number 24 dated 22 July Western Cape Province 31. Bergrivier Municipality: Repeal of House Shops By-law. Published in PG 7641 dated 1 July Swartland Municipality: By-law relating to Boundary Walls and Fences and Parking Management bylaw. Published in PG 7638 dated 24 June City of Cape Town: Integrated Waste Management Amendment By-law. Published in PG 7646 Notice Number 272 dated 30 June City of Cape Town: Municipal Planning Amendment By-law. Published in PG 7647 dated 1 July Central Karoo District Municipality: extension of declaration of local state of disaster. Published in PG 7654 dated 22 July KwaZulu-Natal Province 36. Extension of the declaration of a provincial state of disaster. Published in PG 1700 Notice Number 129 dated 7 July Eastern Cape Province 37. Extension of the declared local state of organic pollution disaster. Published in PG 3707 Notice Number 163 dated 15 July The Buffalo City Metropolitan Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3709 Notice Number 62 dated 18 July North West Province 39. Determination of the effective date of the coming into operation of the North West Parks Board. Published in PG 7671 Notice Number 33 dated 19 July Determination of the effective date of the coming into operation of the North West Tourism Board. Published in PG 7671 Notice Number 34 dated 19 July 2016.

5 5 SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL Draft Provincial Legislation and Municipal By-Laws Western Cape Province 41. Draft Breede River Estuarine Management Plan. Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in PG 7653 Notice Number 288 dated 20 July 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 Sustainability Related Legislative Programme: Parliament of South Africa BILLS BEFORE PARLIAMENT (as of 2 August 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)

6 6 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