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 Statistics South Africa SECTION A: ENVIRONMENTAL (NATIONAL) 1. Consumer Price Index (CPI) for June Published in GG Notice Number 571 dated 4 August South African National Roads Agency Limited and National Roads Act 7 of Amendment to the exemption from the payment of tolls certain public transport services. Published in GG Notice Number 954 dated 1 September SECTION B: SAFETY AND HEALTH (NATIONAL) Mine Health and Safety Act 29 of Amendment to the Chapter 21 of the Regulations (Forms). Published in GG Notice Number 893 dated 25 August Amendment to the Chapter 8 of the Regulations (Machinery and Equipment). Published in GG Notice Number 894 dated 25 August Notice of intention to repeal Chapter 21 of the Regulations (GN R992 Regulations in terms of section 63 of the Minerals Act 50 of 1991) when the new Electricity Regulations are published. Note Chapter 21 of the Regulations were previously repealed by GN R331 of 24 April Published in GG Notice Number 895 dated 25 August Amendment to Chapter 8 of the Regulations (Lifts and Chairlifts). Published in GG Notice Number 896 dated 25 August (Note the schedule was not published in the gazette). 7. Repeal of definitions in terms of GN R992 Regulations in terms of section 63 of the Minerals Act 50 of Published in GG Notice Number 897 and 898 dated 25 August Compensation for Occupational Injuries and Diseases Act 130 of Increase of maximum earnings on which the assessment of an employer shall be calculated. Published in GG Notice Number 814 dated 4 August Increase in monthly pensions. Published in GG Notice Number 815 dated 4 August Amendment of Schedule 4: increase in salary ceiling and compensation benefits. Published in GG Notice Number 816 dated 4 August Occupational Health and Safety Act 88 of Amended notice of direction read in terms of the General Safety Regulations. Published in GG Notice Number 827 dated 11 August Inclusion of noise monitoring in regulation 7 of the Noise Induced Hearing Loss Regulations. Published in GG Notice Number 889 dated 25 August National Regulator for Compulsory Specifications Act 5 of Amendment to the compulsory specification for safety of electrical cable with extruded solid dielectric insulation for fixed installations. Published in GG Notice Number 845 dated 18 August National Land Transport Act 5 of Regulations on colour coding and branding for minibuses and midibuses used for Minibus Taxi-Type services. Published in GG Notice Number 26 dated 18 August Standards Act 8 of Memorandum of Understanding between the South African Bureau of Standards and the Competition Commission. Published in GG Notice Number 858 dated 25 August 2017.

3 3 Medicines and Related Substances Act 101 of General Regulations. Published in GG Notice Number 859 dated 25 August SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL Draft National Legislation and Regulations National Environmental Management: Waste Act 59 of Proposed Waste Tyre Regulations. Members of the public are invited to submit written comments within 30 days of publication of this notice. Published in GG Notice Number 847 dated 17 August National Forest Act 84 of Intention to declare a portion of the Farm Kathu 465 as a Forest Nature Reserve. Interested and affected parties are invited to submit written comments within 60 days of publication. Published in GG 41047Notice Number 594 dated 18 August National Environmental Management Act 107 of Notice of intention to appoint the Environmental Practitioners Association of South Africa as the single registration authority. Members of the public are invited to submit written comments within 30 days of the publication of this notice. Published in GG Notice Number 953 dated 1 September National Nuclear Regulator Act 47 of Draft categorisations and determinations for nuclear installations. Interested persons and organisations are invited to submit written comments within 60 days. Published in GG Notice Number 773 dated 4 August Civil Aviation Act 13 of Proposed amendments to the Civil Aviation Regulations Interested persons are invited to submit written comments on or before 4 September Published in GG Notice Number 775 dated 4 August Department of Transport 22. Draft Green Transport Strategy ( ). Published in GG Notice Number 886 dated 25 August Draft Transport Appeal Tribunal Amendment Bill Interested persons are invited to submit written comments within 30 days from the date of publication. Published in GG Notice Number 947 dated 1 September Broad-Based Black Economic Empowerment Act 46 of Draft Defence Sector Codes of Good Practice on Broad-Based Black Economic Empowerment. Interested parties are invited to submit written comments within 60 days from the date of this publication. Published in GG Notice Number 812 dated 4 August Pharmacy Act 53 of Proposed Competency Standards for Pharmacists in South Africa. Interested parties are invited to submit written comments within 60 days of publication of this notice. Published in GG Notice Number 590 dated 16 August Proposed additional standards in terms of the Rules relating to Good Pharmacy Practice. Interested parties are invited to submit written comments within 60 days of publication of this notice. Published in GG Notice Number 591 dated 16 August 2017.

4 4 Health Professions Act 56 of Draft regulations relating to the conduct of inquiries into alleged unprofessional conduct. Interested persons are invited to submit written comments within 3 months of the date of publication of this notice. Published in GG Notice Number 861 dated 25 August National Health Act 61 of Draft regulations regarding rendering of forensic pathology service. Interested persons are invited to submit written comments within 3 months of this notice. Published in GG Notice Number 916 dated 1 September Standards Act 8 of Draft new SANS Standards, proposed amendments to existing SANS Standards and intention to withdraw SANS Standards issued for public comment. Published in GG Notice Number 634 dated 25 August Agricultural Product Standards Amendment Bill Notice to introduce the Bill into Parliament and publishing the explanatory summary. Published in GG Notice Number 848 dated 18 August SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL Eastern Cape Province 33. Mnquma Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 3891 Notice Number 157 dated 7 August Disaster Management Act 57 of 2002: Declaration of a local state of disaster: Sarah Baartman District Municipality. Published in PG 3893 Notice Number 118 dated 11 August Disaster Management Act 57 of 2002: Declaration of a local state of disaster: Nelson Mandela Bay Metropolitan Municipality. Published in PG 3895 Notice Number 19 dated 14 August Disaster Management Act 57 of 2002: Extension of the declared local state of disaster: Joe Gqabi District Municipality. Published in PG 3896 Notice Number 160 dated 18 August Gauteng Province 37. National Environmental Management: Waste Act 59 of 2008: List of persons authorised in terms of the Gauteng Waste Information Regulations 2004 (January 2015 December 2015). Published in PG 192 Notice Number 671 dated 2 August National Environmental Management: Waste Act 59 of 2008: List of persons authorised in terms of the Gauteng Waste Information Regulations 2004 (January 2016 December 2016). Published in PG 192 Notice Number 672 dated 2 August Western Cape Province 39. Stellenbosch Municipality: Water Services By-law. Published in PG 7907 dated 11 August Disaster Management Act 57 of 2002: Extension of declaration of provincial state of disaster. Published in PG 7811 Notice Number 157 dated 21 August Disaster Management Act 57 of 2002: issuance of directions under section 41(2) of the Act. Published in PG 7811 Notice Number 158 dated 21 August Laingsburg Municipality: Noise and nuisance by-law. Published in PG 7813 dated 25 August Limpopo Province 43. Greater Giyanu Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2846 Notice Number 83 dated 18 August 2017.

5 5 44. Greater Tzaneen Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2847 Notice Number 110 dated 25 August Musina Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2847 Notice Number 84 dated 25 August The Blouberg Municipality: Spatial Planning and Land Use Management By-law. Published in PG 2847 Notice Number 85 dated 25 August KwaZulu-Natal Province 47. ethekwini Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1871 Notice Number 114 dated 31 August Gauteng Province SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL Draft Provincial Legislation and Municipal By-Laws 48. Draft by-law and draft service delivery agreement (SLA) for the establishment of the Ekurhuleni Development Agency. Written comments must be submitted by no later than 4 September. Published in PG 194 Notice Number 1115 dated 2 August City of Ekurhuleni Special Rating Area Draft By-law and Policy. Written comments must be submitted by no later than 4 September. Published in PG 192 Notice Number 1062 dated 2 August Northern Cape Province 50. Revision of the Spatial Development Framework for the Khai-Ma Municipality. Published in PG 2119 Notice Number 25 dated 7 August Free-State Province 51. Moqhaka Local Municipality: Draft Fire and Emergency By-law and Draft Water Services Amendment By-law. Members of the community are invited to submit written comments until 8 September Published in PG 54 Notice Number 112 dated 11 August Limpopo Province 52. National Environmental Management: Protected Areas Act 57 of 2003: Notice of intention to declare respective land parcels as nature reserves. Members of the public are invited to submit written comments within 60 days from the date of publishing this notice. Published in PG 2844 Notice Number 80 dated 11 August Thulamela Local Municipality: intention to compile its Municipal Spatial Development Framework. Interested and affected parties are invited to register with the municipality. Closing date for registration is 21 days after the publication of this notice. Published in PG 2846 Notice Number 103 dated 18 August North-West Municipality 54. North West Biodiversity Management Amendment Bill All interested parties are invited to submit written comments by no later than 15 days after the publication. Published in PG 7801 Notice Number 171 dated 25 August 2017.

6 6 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 4 September 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