New legislation – May 2017

May 1st, 2017
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Philip Stoop BCom LLM (UP) LLD (Unisa) is an associate professor in the department of mercantile law at Unisa.

Legislation published from 2 – 31 March 2017

Bills introduced

Plant Health (Phytosanitary) Bill B7 of 2017.

Refugees Amendment Bill B12B of 2016.

Extension of Security of Tenure Amendment Bill B24A of 2015.

Extension of Security of Tenure Amendment Bill B24B of 2015.

Commencement of Acts

Insurance Laws Amendment Act 27 of 2008, ss 1(f) and 27(a). Commencement: 1 April 2017. GN298 GG40749/30-3-2017.

Financial Services Laws General Amendment Act 45 of 2013, s 264 insofar as it amends s 1 of the Medical Schemes Act 131 of 1998. Commencement: 1 April 2017. GN298 GG40749/30-3-2017.

Selected list of delegated legislation

Agricultural Product Standards Act 119 of 1990

Amendment of regulations regarding inspections and appeals: Exports. GN R257 and 258 GG40713/24-3-2017.

Animal Identification Act 6 of 2002

Amendment of regulations. GN181 GG40660/3-3-2017.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Classification of industries. GN216 GG40675/10-3-2017.

Annual increase in medical tariffs for medical service providers in respect of services rendered on or after 1 April 2017. GenN259 to GenN268 in GG40736/30-3-207 to GG40745/30-3-2017.

Children’s Act 38 of 2005

Amendment regulations relating to adoption fees for accredited child protection organisations in respect of adoption services. GN282 GG40733/31-3-2017.

Dental Technicians Act 19 of 1979

Amendment of regulations relating to the registration of dental laboratories and related matters. GN206 GG40669/8-3-2017.

Electronic Communications Act 36 of 2005

Increase of radio frequency spectrum licence fees. GenN237 GG40719/24-3-2017.

Amendment regulations on the establishment of the consumer advisory panel. GenN241 GG40725/28-3-2017.

Engineering Profession Act 46 of 2000

Code of Conduct for registered persons. BN41 GG40691/17-3-2017.

Procedure for lodging an appeal against decisions of the Engineering Council of South Africa. BN40 GG40691/17-3-2017.

Income Tax Act 58 of 1962

Determination of the daily amount in respect of meals and incidental costs for purposes of s 8(1) as from 1 March 2017. GN194 GG40660/3-3-2017 (also available in Afrikaans).

Fixing of rate per kilometre in respect of motor vehicles for purposes of s 8(1)(b)(ii) and (iii) as from 1 March 2017. GN195 GG40660/3-3-2017 (also available in Afrikaans).

List of persons or entities that may administer financial instruments or policies as a ‘tax free investment’ for the purposes of s 12T. GN308 GG40757/31-3-2017.

Amendment of the regulations in terms of s 12T(8) of the Act on the requirements for tax free investment. GN R309 GG40758/31-3-2017.

Intellectual Property Rights from Publicly Financed Research and Development Act 51 of 2008

Inclusion of the National Health Laboratory Service as a sch 1 institution. GN234 GG40691/17-3-2017.

Liquor Products Act 60 of 1989

Amendment of regulations (fees). GN238 GG40694/17-3-2017.

Military Ombud Act 4 of 2012

Renumeration and other terms and conditions of service for the Military Ombud and the Deputy Military Ombud. GN183 GG40660/3-3-2017.

National Forests Act 84 of 1998

Declaration of a lists of national forest types as natural forests. GenN167 GG40660/3-3-2017.

National Health Act 61 of 2003

Amendment of the regulations regarding the general control of human bodies, tissue, blood products and gametes. GN244 GG40700/17-3-2017.

National Heritage Resources Act 25 of 1999

Regulations in accordance with s 9. GenN218 GG40691/17-3-2017.

National Nuclear Regulator Act 47 of 1999

Fees payable to the regulator in respect of any application for the granting of a nuclear authorisation and any annual nuclear authorisation fee.  GenN185 and 186 GG40673/10-3-2017.

Natural Scientific Professions Act 27 of 2003

Recommended fees. BN15 GG40660/3-3-2017.

National Water Act 36 of 1998

Regulations regarding the procedural requirements for water use licence applications and appeals. GN R267 GG40713/24-3-2017.

Occupational Health and Safety Act 85 of 1993

Incorporation of Health and Safety Standards into Pressure Equipment Regulations, 2009. GN R262 GG40713/24-3-2017.

Guidelines for Driven Machinery Regulations, 2015. GN R288 GG40734/31-3-2017.

Plant Improvement Act 53 of 1976

Amendment of the regulations relating to establishment, varieties, plants and propagating material. GN182 GG40660/3-3-2017.

Private Security Industry Regulation Act 56 of 2001

Amendment of regulations (fees). GenN242 GG40728/28-3-2017.

Safety at Sports and Recreational Events Act 2 of 2010

Safety at sports and recreational events regulations, 2017. GN R200 GG40661/3-3-2017.

Small Claims Courts Act 61 of 1984

Establishment of a small claims court for the areas of Stutterheim, Cathcart and Komga. GN190 GG40660/3-3-2017.

Establishment of a small claims court for the areas of Hofmeyr. GN230 GG40691/17-23-2017.

Establishment of a small claims court for the areas of Welkom, Hennenman, Virginia, Ventersburg, Odendaalsrus and Theunissen. GN304 GG40752/31-3-2017.

Alteration of the area of the small claims court for Bloemfontein and establishment of a small claims court for the area of Reddersburg. GN303 GG40752/31-3-2017.

Establishment of a small claims court for the areas of Senekal, Paul Roux and Winburg. GN302 GG40752/31-3-2017.

Social Assistance Act 13 of 2004

Increase in respect of social grants. GN R305 GG40754/31-3-2017.

Subdivision of Agricultural Land Act 70 of 1970

Revised tariffs for services rendered. GN248 GG40711/24-3-2017.

Tax Administration Act 28 of 2011

Incidences of non-compliance by a person in terms of s 210(2) for the purposes of the definition of ‘international tax standard’ that are subject to a fixed amount penalty. GN193 GG40660/3-3-2017.

Unemployment Insurance Act 63 of 2001

Increase of scale benefits. GN231 GG40691/17-3-2017.

Use of Official Languages Act 12 of 2012

Language Policy of Legal Aid South Africa (available in all official languages). GenN244 GG40733/31-3-2017.

Draft delegated legislation

Draft Comprehensive Maritime Transport Policy, 2017 in terms of the Maritime Zones Act 15 of 1994, Merchant Shipping Act 57 of 1951, National Ports Act 12 of 2005 and other legislation. GenN183 GG40662/2-3-2017.

Proposed amendments to the Code of Professional Conduct for Registered Auditors in terms of the Auditing Professions Act 26 of 2005. BN18 GG40660/3-3-2017.

Draft Coastal Waters Discharge Permit Regulations in terms of the National Environmental Management Act 24 of 2008. GN R214 GG40674/10-3-2017.

Draft amendment of the Civil Aviation Regulations, 2011 in terms of the Civil Aviation Act 13 of 2009. GN R220 GG40681/13-3-2017 and GN R273 GG40720/24-3-2017.

Draft national norms and standards for sorting, shredding, grinding, crushing, screening or bailing of general waste in terms of the National Environmental Management: Waste Act 59 of 2008. GN243 GG40698/17-3-2017.

Amendment of the list of waste management activities that have, or are likely to have detrimental effect on environment in terms of the National Environmental Management: Waste Act 59 of 2008 for comment. GN242 GG40698/17-3-2017.

Draft Workplace Based Learning Programmes Agreement Regulations in terms of the Skills Development Act 97 of 1998. GN275 GG40730/29-3-2017.

Draft National Biodiversity Offset Policy in terms of the National Environmental Management Act 107 of 1998. GN276 GG40733/31-3-2017.

Regulations relating to fees payable to accredited adoption social workers in respect of adoption services in terms of the Children’s Act 38 of 2005 for comments. GN281 GG40733/31-3-2017.

Creating, of Magisterial districts, and establishing, of district courts, in the Northern Cape Province as part of the rationalisation of Magisterial districts in terms of the Magistrates’ Courts Act 32 of 1944 for comment. GenN273 GG40753/31-3-2017.

Creating, of Magisterial districts, and establishing, of district courts, in the Free State Province as part of the rationalisation of Magisterial districts in terms of the Magistrates’ Courts Act 32 of 1944 for comment. GenN272 GG40753/31-3-2017.

Establishing, in Upington, of a local seat  of the Division of the Northern Cape Division of the High Court as part of the rationalisation of the areas of jurisdiction of the divisions of the High Court of South Africa in terms of the Superior Court Act 10 of 2013 for comment. GenN271 GG40753/31-3-2017.

Excising, of certain Magisterial Districts from the Area of the Gauteng Division and their inclusion under the jurisdiction of the North West Division of the High Court as part of the rationalisation of the areas of jurisdiction of the High Court of South Africa in terms of the Superior Court Act 10 of 2013 for comment. GenN270 GG40753/31-3-2017.

Draft Bills

Draft Electronic Deeds Registration Systems Bill, 2016. GenN216 GG40686/15-3-2017.

Draft Regulation of Agricultural Land Holdings Bill, 2017. GenN229 GG40697/17-3-2017.

Draft Property Practitioners Bill, 2016. GenN246 GG40733/31-3-2017.

Draft Home Loan and Mortgage Disclosure Amendment Bill, 2016. GenN247 GG40733/31-3-2017.

This article was first published in De Rebus in 2017 (May) DR 54.

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