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: Waste Act 59 of Waste Tyre Regulations Published in GG Notice Number 1064 dated 29 September 2. Withdrawal of the Integrated Waste Tyre Management Plan of the Recycling and Economic Development Initiative of South Africa. Published in GG Notice Number 1063 dated 29 September Merchant Shipping Act 57 of Merchant Shipping (Seafarer Recruitment and Placement) Regulations Published in GG Notice Number 986 dated 11 September National Forests Act 84 of List of protected tree species. Published in GG Notice Number 690 dated 8 September National Water Act 36 of National Norms and Standards for Domestic Water and Sanitation. Published in GG Notice Number 982 dated 8 September 6. Pongola-Mtamvuna Water Management Area limiting the use of water for irrigation, domestic and urban purposes. Published in GG Notice Number 1039 dated 22 September 7. Implementation of increased water restrictions: Western Cape Water Supply System. Published in GG Notice Number 1056 dated 28 September National Heritage Resources Act 25 of Declaration of the Owl House and Camel Yard (situated in the village of Nieu-Bethesda in the Eastern Cape) as a National Heritage Site. Published in GG Notice Number 1044 dated 29 September 9. Declaration of the Evangelical Lutheral Church Complex (situated in Cape Town) as a National Heritage Site. Published in GG Notice Number 1045 dated 29 September Broad-Based Black Economic Empowerment Act 53 of Procedures for the application, administration and allocation of export quotas under the Economic Partnership Agreement between the European Union and the Southern African Development Community for the year Published in GG Notice Number 1057 dated 29 September Statistics South Africa 11. Consumer Price Index (CPI) for July Published in GG Notice Number 704 dated 8 September 12. Consumer Price Index (CPI) for August Published in GG Notice Number 767 dated 29 September SECTION B: SAFETY AND HEALTH (NATIONAL) Health Professions Act 56 of List of classified and certified psychological tests. Published in GG Notice Number 155 dated 8 September

3 3 Medicines and Related Substances Act 101 of Correction notice relating to Government Notice R837 of 28 October 2014 relating to oral preparations which contain a vitamin or elemental mineral. Published in GG Notice Number 973 dated 8 September Standards Act 8 of New draft SANS Standards, proposed amendments to existing SANS codes for public comment and finalised amendments to existing SANS Standards. Published in GG Notice Number 706 dated 8 September Published in GG Notice Number 750 and 751 dated 22 September Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of Regulations relating to fertilizers. Published in GG Notice Number 972 dated 8 September SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL Draft National Legislation and Regulations Conservation of Agricultural Resources Act 43 of New proposed long-term grazing capacity map for South Africa. Interested and affected parties are invited to submit written comments within 30 days after the date of publication of this notice. Published in GG Notice Number 971 dated 8 September National Environmental Management Act 107 of Draft regulations laying down the procedure to be followed for the adoption of environmental management instruments under sections 24(5)(bA) and (bb) read with section 44(1)(b) of the Act. Members of the public are invited to submit written comments within 30 days from the date of publication of this notice. Published in GG Notice Number 987 dated 15 September Water Services Act 108 of Draft Norms and Standards for the levels of water and sanitation services. Members of the public are invited to submit written comments within 30 days after the publication of the notice. Published in GG Notice Number 1001 dated 15 September National Water Act 36 of Proposed reserve determination of water resources for the Olifants and Letaba Catchments. Interested persons are invited to submit written comments within 60 days from the date of publication of this notice. Published in GG Notice Number 1038 dated 22 September Gas Regulator Levies Act 75 of Proposed levy on the piped-gas and petroleum pipeline industries for 2018/19. Published in GG Notice Number 957 dated 4 September Special Economic Zones Act 16 of Proposed designation of the Atlantis Special Economic Zone. Members of the public are invited to submit written comments within 30 days from the date of publication of this notice. Published in GG Notice Number 981 dated 8 September National Energy Regulator Act 40 of Eskom s proposed revenue application for 2018/19. Stakeholders are invited to submit written comments before 16:00 on 13 October Members of the public and stakeholders are invited to register to attend public hearings by 15:30 on 23 October Published in GG Notice Number 1002 dated 15 September

4 4 Broad-Based Black Economic Empowerment Act 53 of Notice of intention to align the Broad-Based Black Economic Empowerment Petroleum and Liquid Fuels Sector Transformation Charter with the Act. Members of the public are encouraged to participate in this process. Published in GG Notice Number 31 dated 13 September National Department of Health 25. National Department of Health s phased implementation of the GTIN-14 Data Matrix barcodes: request for information. Interested persons are invited to submit written comments within 6 weeks of publication of this notice. Published in GG Notice Number 988 dated 15 September SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL Northern Cape Province 26. Dawid Kruiper Municipality amendments to the following by-laws: a. Street Trading Control By-law Published in PG 2131 Notice Number 113 dated 4 September b. Water Services By-law Published in PG 2131 Notice Number 115 dated 4 September c. Fire Brigade By-law Published in PG 2131 Notice Number 118 dated 4 September d. Law Enforcement By-law Published in PG 2131 Notice Number 121 dated 4 September e. Refuse Removal By-law Published in PG 2131 Notice Number 122 dated 4 September f. Municipal Commonage By-law Published in PG 2131 Notice Number 124 dated 4 September g. Electricity By-law Published in PG 2131 Notice Number 125 dated 4 September h. Advertising By-law Published in PG 2131 Notice Number 126 dated 4 September i. Cemeteries By-law Published in PG 2131 Notice Number 127 dated 4 September j. Health Nuisances By-law Published in PG 2131 Notice Number 128 dated 4 September k. Fireworks By-law Published in PG 2131 Notice Number 129 dated 4 September l. Keeping of Animals, Poultry and Bees Control By-law Published in PG 2131 Notice Number 130 dated 4 September Western Cape Province 27. Western Cape Community Safety Act 3 of 2013: list of accredited neighbourhood watches. Published in PG 7814 Notice Number 160 dated 25 August 28. George Municipality: adoption of the Local Spatial Development Framework. Published in PG 7816 dated 1 September 29. Langeberg Municipality: adoption of the Spatial Development Framework. Published in PG 7816 dated 1 September 30. Eden District Municipality: District Waste Management By-law. Published in PG 7818 dated 1 September 31. George Municipality: Integrated Zoning Scheme By-law. Published in PG 7821 dated 1 September 32. Disaster Management Act 57 of 2002: provincial state of disaster relating to the fires and storms in the Western Cape in June Published in PG 7816 Notice Number 163 dated 1 September 33. Disaster Management Act 57 of 2002: Extension of the local state of disaster in the Imizamo-Yethu informal settlement. Published in PG 7826 dated 15 September

5 5 34. Disaster Management Act 57 of 2002: Extension of the local state of disaster as a result of the drought conditions within the boundaries of the City of Cape Town Metropolitan Municipality. Published in PG 7826 dated 15 September 35. Disaster Management Act 57 of 2002: extension of provincial state of disaster relating to the drought. Published in PG 7829 Notice Number 179 dated 21 September 36. Disaster Management Act 57 of 2002: Extension of the local state of disaster in the Stellenbosch Municipality. Published in PG 7826 dated 15 September 37. Disaster Management Act 57 of 2002: Swartland Municipality: extension of declaration of a local state of disaster due to the drought. Published in PG 7831 dated 29 September 38. Disaster Management Act 57 of 2002: Drakenstein Municipality: extension of declaration of a local state of disaster due to the drought. Published in PG 7827 dated 29 September 39. National Environmental Management: Protected Areas Act 57 of 2003: declaration of the Steenbras Nature Reserve. Published in PG 7826 Notice Number 173 dated 15 September 40. Heritage Western Cape: Declaration of heritage resources as provincial heritage sites. Published in PG 7827 Notice Number 176 and 177 dated 22 September 41. Stellenbosch Municipality: By-law on the prevention of nuisances and keeping of animals and Impoundment of animal by-law. Published in PG 7830 dated 29 September Eastern Cape Province 42. Correction notice: National Environmental Management: Protected Areas Act 57 of 2003: private land declared as part of a protected environment. Published in PG 3914 Notice Number 191 dated 11 September 43. Disaster Management Act 57 of 2002: Extension of the declaration of a local state of disaster in the Kouga municipal area due to widespread veld fires. Published in PG 3912 Notice Number 147 dated 11 September Published in PG 3925 Notice Number 156 dated 25 September 44. Disaster Management Act 57 of 2002: Extension of the declaration of a local state of disaster in the Joe Gqabi District Municipality. Published in PG 3929 Notice Number 211 dated 29 September Mpumalanga Province 45. National Land Transport Act 5 of 2009: declaration of all provincial public works roads and transport cost centre buildings as impoundment depots. Published in PG 2849 Notice Number 98 dated 8 September KwaZulu-Natal 46. Commencement of the Umhlathuze Municipality Spatial Planning and Land Use Management By-law. Published in PG 1878 Notice Number 119 dated 21 September Gauteng Province SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL Draft Provincial Legislation and Municipal By-Laws 47. Disaster Management Act 57 of 2002: Draft Gauteng Provincial Disaster Management Policy Framework. Written comments must be submitted on or before 29 September Published in PG 225 Notice Number 774 dated 6 September North-West Province 48. Draft North-West Biodiversity Management Regulations Interested parties are invited to submit written comments by no later than 30 days after the publication hereof. Published in PG 7804 Notice Number 181 dated 5 September

6 6 Western Cape Province 49. Western Cape Transport Infrastructure Amendment Bill Interested persons and organisations are invited to submit written comments on or before 31 October Published in PG 7815 Notice Number 162 dated 30 August 50. Draft Western Cape Transport Infrastructure Regulations Interested persons and organisations are invited to submit written comments on or before 31 October Published in PG 7815 Notice Number 163 dated 30 August 51. National Environmental Management: Protected Areas Act 57 of 2003: amendment notice: intention to declaration of nature reserves published in PG 7283 dated 4 July Published in PG 7826 Notice Number 174 dated 15 September 52. National Environmental Management: Protected Areas Act 57 of 2003: notice of intention to declare the Table Bay Nature Reserve. Members of the public are invited to submit written comments within 60 days from the date of this notice. Published in PG 7827 Notice Number 175 dated 22 September Northern Cape Province 53. Notice of intention to expand on nature reserves. Interested persons are invited to submit written comments on or before 60 days from publication. Published in PG 2134 Notice Number 135 dated 11 September 54. Dawid Kruiper Municipality: Draft Spatial Development Framework, Land Use Management Scheme and By-law on Land Use Management Planning. Interested and affected parties are invited to submit written comments before 22 November Published in PG 2138 Notice Number 142 dated 25 September Limpopo Province 55. Intention to declare respective land parcels as nature reserves and protected environments. Members of the public are invited to submit written comments within 60 days from the date of publishing this notice. Published in PG 2851 Notice Number 90 dated 15 September Mpumalanga Province 56. Bushbuckridge Local Municipality Draft Spatial Development Framework. Written comments must be submitted within 60 days from the date of this notice. Published in PG 2854 Notice Number 106 dated 22 September

7 7 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 October 2017): 1. Agricultural Product Standards Amendment Bill (B21 of 2017) 2. National Environmental Management Laws Amendment Bill (B14 of 2017) 3. Marine Spatial Planning Bill (B9 of 2017) 4. National Veld and Forest Fire Amendment Bill (B22 of 2016) 5. National Forests Amendment Bill (B11 of 2016) 6. National Land Transport Amendment Bill (B7 of 2016) 7. Plant Improvement Bill (B8 of 2015) 8. Plant Breeders Rights Bill (B11 of 2015) 9. 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 IMBEWU Sustainability Please visit Legal IMBEWU s Specialists publications (Pty) Ltd. 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