New legislation – December 2022

December 1st, 2022
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Legislation published from 3 – 28 October 2022

By Shanay Sewbalas and Johara Ally

Acts

Customs and Excise Act 91 of 1964
Amendment of part 1 of sch 2 (no 2/1/65). GN R2575 GG47254/7-10-2022.

Draft White Paper on Conservation and Sustainable Use of South Africa’s Biodiversity 2022
For comment. GN2689 GG47378/28-10-2022.

Local Government: Municipal Systems Amendment Act 3 of 2022
Commencement of the Act except s 13. Substitution of ss 54A, 56, 57(2)(a), 57(3), 66(1)(a), 66(3), to (5), 67(3), 71, 72(c)(ii) and (e), 72(gA) to (gC), 120(a), amendment of s 67(1), 67(3), insertion of ss 57A, 57(3A), 71B, 106(1A), (5) and (6), repeal of s 56A and pending amendment of sch 1 of the Local Government: Municipal Systems Act 32 of 2000. Proc 92 GG47370/26-10-2022.

National Environmental Management: Protected Areas Act 57 of 2003
Amendment of sch 2 of the National Parks in terms of the Act. GN2632 GG47302/14-10-2022.

Public Finance Management Act 1 of 1999
Amendment of part D sch 3 to list public entity. GN2637 GG47302/14-10-2022.

Bills and White Papers

Division of Revenue Act 5 of 2022
Notice of introduction in the National Assembly of the Division of Revenue Amendment Bill for the 2022/23 financial year and publication of explanatory summary. GN2636 GG47302/14-10-2022.

Independent Police Investigative Directorate Amendment Bill, 2022
Draft: Invitation for comment. GN2681 GG47373/28-10-2022.

Non-Profit Organisation Amendment Bill, 2021
Invitation to comment. GN2656 GG47336/19-10-2022.

Tax Administration Laws Amendment Bill, 2022
Publication of explanatory summary of the Tax Administration Laws Amendment Bill, 2021. GN2610 GG47284/11-10-2022.
Correction Notice. GN2644 GG47305/14-10-2022.

Government, General and Board Notices

Civil Aviation Act 13 of 2009
Coming into operation of the Amended National Aviation Security Program (2022) approved in terms of s 109. GenN1368 GG47373/28-10-2022.

Companies and Intellectual Property Commission Counterfeit Goods Act 37 of 1997
Companies and Intellectual Property Commission: Christmas (2022) to New Year (2023) closure notice. GN2640 GG47302/14-10-2022.

Employment of Educators Act 76 of 1998
Consolidation of the terms and conditions of Employment of Educators Determined in terms of s 4. GN2613 GG47295/12-10-2022.

Financial Advisory and Intermediary Services Act 37 of 2002
Declaration of a crypto asset as a financial product. GenN1350 GG47334/19-10-2022.

International Trade Administration Act 71 of 2002
Correction notice of initiation of an investigation into the alleged dumping of other flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, otherwise plated or coated with zinc (galvanised steel coil), of a thickness of less than 0,45 mm originating in or imported from the People’s Republic of China. GenN1354 GG47337/21-10-2022.

Labour Relations Act 66 of 1995
Application for variation of registered scope of a bargaining council. GN2630 GG47302/14-10-2022.
Metal and Engineering Industries Bargaining Council (MEIBC): Extension of the Consolidated Main Collective Agreement to non-parties. Cancellation of Government Notice: MEIBC: Registration and Administration Expenses Collective Agreement. MEIBC: Extension of the Dispute Resolution Collective Agreement and extension of the Plastic Industry Main Collective Agreement to non-parties. GN R2569 – GN R2572 GG47254/7-10-2022.

Legal Deposit Act 54 of 1997
Designation of the Limpopo Provincial Library Service as an Official Publications Depository. GenN2563 GG46998/3-10-2022.

Medicines and Related Substances Act 101 of 1965
South African Health Products Regulatory Authority made and updated the schedules. GN2685 GG47373/28-10-2022.

National Conventional Arms Control Act 41 of 2002
Appointment of the members of the National Conventional Arms Control Committee. GN2629 GG47302/14-10-2022.

National Environmental Management Act 107 of 1998
Amendment of the enabling provision under which the regulations laying down the procedure to be followed for the adoption of spatial tools or environmental management instruments has been made. GN2688 GG47377/28-10-2022.

National Environmental Management: Waste Act 59 of 2008
Request for exporters to provide information and to register with the Department of Forestry, Fisheries and the Environment for the export of waste tyres. GN2624 GG47301/13-10-2022.

National Water Act 36 of 1998
Proposed restrictions on water usage by water users from the Caledon-Modder Subsystem. GN2642 GG47302/14-10-2022.

Property Valuers Profession Act 47 of 2000
Publication of the finding and the sanction imposed in terms of s 33. BN355 GG47302/14-10-2022.

Legislation for comment

Agricultural Product Standards Act 119 of 1990
Food Safety Agency (Pty) Ltd: Invitation for comment on the proposed inspection fees for 2022/2023 for inspections and sampling on certain raw processed meat products. GenN1324 GG47257/7-10-2022.

Agricultural Products Standards Act 119 of 1990
Invitation for comment on regulations relating to the grading, packing and marking of maize intended for sale in South Africa. GN2678 GG47373/28-10-2022.

Basic Conditions of Employment Act 75 of 1997
Extension to the request for comment on the Expanded Public Works Programme Policy. GenN1351 GG47335/19-10-2022.

Civil Aviation Act 13 of 2009
Civil Aviation Regulations, 2011. GN2607 GG47264/7-10-2022.

Continuing Education and Training Act 16 of 2006
Section 41D of the Act: Draft Remuneration Policy: Erratum notice. GN2635 GG47302/14-10-2022.
Erratum notice: Call for comment on the Draft Policy on the Remuneration of Council Members of Public Technical and Vocational Education and Training Colleges in terms of s 41D of the Act. GN2645 GG47307/14-10-2022.

Electronic Communications Act 36 of 2005
Applications for the transfer of ownership of Individual Electronic Communications Service (I-ECS) and Individual Electronic Communications Network Service (I-ECNS) Licences from: T Mobile SA (Pty) Ltd to Telafrica Mobile (Pty) Ltd, Syrex (Pty) Ltd to Inq Digital (Pty) Ltd, Petprops 36 CC to Matlhale Holding Investment (Pty) Ltd, Victory Parade Trading 223 (Pty) Ltd t/a Guerilla Telecoms to Xanadu Capital (Pty) Ltd. GenN1332 – GenN1335 GG47282/10-10-2022.

Financial Markets Act 19 of 2012
Proposed amendments to the Johannesburg Stock Exchange Guarantee Fund Rules. BN348 GG47257/7-10-2022.

Health Professions Act 56 of 1974
Regulations Defining the Scope of the Profession of Arts Therapy. GN2634 GG47302/14-10-2022.

Infrastructure Development Act 23 of 2014
National Infrastructure Plan 2050 Phase 2 for public comment. GN2673 GG47343/21-10-2022.

Labour Relations Act 66 of 1995
Building Industry Bargaining Council (Cape of Good Hope): Extension of period of operation of the Main Collective Agreement. GN R2675 GG47371/28-10-2022.
National Textile Bargaining Council: Extension to non-parties of the Main Collective Amending Agreement. GenN1343 GG47302/14-10-2022.
Invitation to make representations: Notice in terms of s 32(2) read with s 32(5)(c) of the Act: Building Industry Bargaining Council (Cape of Good Hope): Extension to non-parties of the Consolidated Main Collective Agreement. GN R2643 GG47304/14-10-2022.

Local Government: Municipal Property Act 6 of 2004
Public notice calling for inspection of the Impendle Municipality 2022/23 Supplementary Valuation Roll 2 and lodging of objections. GenN1356 GG47341/20-10-2022.

Local Government: Municipal Structures Act 117 of 1998
Code of Conduct for Councillors Regulations. GenN1322 GG47247/4-10-2022.

Local Government: Municipal Systems Act 32 of 2000
Section 12(3)(b) of the Act: Capricorn District Municipality: Amended Draft Air Quality Management By-law. Proc 90 GG47309/14-10-2022.

Marketing of Agricultural Products Act 47 of 1996
Fruit industry (Agri-Hub): Application for the continuation of statutory measures (records, returns and registration) to collect export data, relating to table grapes, deciduous fruit, dried grapes, berries, subtropical and citrus fruit. GenN1352 GG47337/21-10-2022.

Merchant Shipping Act 57 of 1951
The Draft Merchant Shipping (Crew Accommodation) Regulations, 2023. The Draft Merchant Shipping (Dangerous Goods) Regulations, 2023. The Draft Merchant Shipping (Construction and Equipment of Fishing Vessels of less than 24 metres in length and equal to or more than 25 GT.) Regulations, 2022. The Draft Merchant Shipping (Construction and Equipment of Fishing Vessels of 24 metres in length and over) Regulations, 2022. The Draft Merchant Shipping (Safety of Navigation) Amendment Regulations, 2023. GN R2619  GN R2623 GG47300/14-10-2022.

Mineral and Petroleum Resources Development Act 28 of 2002
Publication of the amendments to Regulations of Minerals and Petroleum Resources Development Act, 2002 for comment. GN2611 GG47290/11-10-2022.

National Environmental Management Act 107 of 1998
Call for nominations – proposed establishment of a panel of experts to advise on the proposed fishing-area closures adjacent to South Africa’s African penguin breeding colonies and the decline in the penguin population. GN2684 GG47373/28-10-2022.

National Health Act 61 of 2003
Appointment of Health Ombud. GN R2649 GG47325/17-10-2022.

National Qualifications Framework Act 67 of 2008
Call for comment on the Proposed Occupational Qualifications for Registration on the Occupational Qualifications Sub-Framework for Trades and Occupations. GN2576 and GN2567 GG47250/5-10-2022.
Council for Quality Assurance in General and Further Education and Training (Umalusi): For comment. GenN1353 GG47337/21-10-2022.

Occupational Health and Safety Act 85 of 1993
Draft Code of Practice for Lifts Inside Wind Tower – publication for comment: Correction notice. GN2664 GG47337/21-10-2022.
Draft Physical Agents Regulations, 2022. GN2665 GG47337/21-10-2022.
Draft Noise-Induced Hearing Loss Regulations, 2022: Invitation of comment. GN2666 GG47337/21-10-2022.

Project and Construction Management Professions Act 48 of 2000
South African Council for the Project and Construction Management Professions (SACPCMP) Competency Standards for the Purpose of Registration Policy for comment. Commencement: 14 October 2022. BN349 GG47302/14-10-2022.
SACPCMP Recognition of New Specified Categories of Registration Policy for comment. Commencement: 14 October 2022. BN350 GG47302/14-10-2022.
SACPCMP Registration Policy for comment. Commencement: 14 October 2022. BN351 GG47302/14-10-2022.
SACPCMP Recognition of Prior Learning (RPL) Policy for comment. Commencement: 14 October 2022. BN352 GG47302/14-10-2022.
SACPCMP Continuing Professional Development (CPD) Policy for comment. Commencement: 28 October 2022. BN360 GG47379/28-10-2022.
SACPCMP Guideline Professional Fees Policy for comment. Commencement: 28 October 2022. BN361 GG47379/28-10-2022.

Protection, Promotion, Development and Management of Indigenous Knowledge Act 6 of 2019
Regulations Relating to the Protection, Promotion, Development and Management of Indigenous Knowledge. GN2647 GG47292/14-10-2022.

Social Service Professions Act 110 of 1978
Allowances Payable to Members of Council. GN R2677 GG47371/28-10-2022.
Fees payable by Social Workers, Child and Youth Care Workers, Social Auxiliary Workers, Auxiliary Child and Youth Care Workers, Student Social Workers, Student Social Auxiliary Workers, Student Child and Youth Care Workers and Student Auxiliary Child and Youth Care Workers Amendment Regulations. GN R2618 GG47300/14-10-2022.

South African Schools Act 84 of 1996
National Norms and Standards for School Funding. GN2648 GG47324/17-10-2022.

Spatial Planning and Land Use Management Act 16 of 2013
Impendle Local Municipality: Request for comment on the Draft Impendle Local Municipality Spatial Development Framework and Land Use Scheme. GenN1355 GG47340/20-10-2022.

Standards Act 8 of 2008
Standards matters. GenN1367 GG47373/28-10-2022.

Rules, regulations, fees and amounts

Administration of Estates Act 66 of 1965
Guardian Fund: Master of the KwaZulu-Natal Division, Pietermaritzburg High Court. GN2646 GG47308/14-10-2022.

Agricultural Products Standards Act 119 of 1990
Standards and requirements regarding control of the export of groundnuts: Amendment. GN2680 GG47373/28-10-2022.

Animal Diseases Act 35 of 1984
Control measures relating to Foot and Mouth Disease. GN2606 GG47263/7-10-2022.

Civil Aviation Act 13 of 2009
Civil Aviation Regulations, 2011. GovN2690 GG47380/28-10-2022.

Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Act 19 of 2002
Schedule for a period of 1 April 2020 until 31 March 2021 financial year. GN2674 GG47364/24-10-2022.

Commissions Act 8 of 1947
Amendment to the terms of reference of the Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State. Proc 91 GG47330/18-10-2022.

Competition Act 89 of 1998
Competition Commission South Africa: Guidelines on Small Merger Notification: Revised Small Merger Guideline. GN2639 GG47302/14-10-2022.

Consumer Protection Act 68 of 2008
National Consumer Commission: Guideline to be followed by the NCC for the Accreditation of Consumer Protection Groups. GenN1366 GG47373/28-10-2022.

Customs and Excise Act 91 of 1964
Amendment to rules (DAR 240). GN R2576 GG47254/7-10-2022.
Amendment of sch 1 (no 1/1/1891). GN R2605 GG47262/7-10-2022.

Films and Publications Act 65 of 1996
Notice in terms of s 24C and s 27A of the Act. GN2682 GG47373/28-10-2022.

Financial Intelligence Centre Act 38 of 2001
Amendments to Money Laundering and Terrorist Financing Control Regulations, 2002. GN2638 GG47302/14-10-2022.

Health Professions Act 56 of 1974
Regulations relating to the Qualifications for the Registration of Optometrists. GN2599 GG47257/7-10-2022.
Regulations relating to the Qualifications for the Registration of Dispensing Opticians. GN2633 GG47302/14-10-2022.

Labour Relations Act 66 of 1995
Commission for Conciliation, Mediation and Arbitration: Tariff of fees. GN R2574 GG47254/7-10-2022.
Essential Service Committee Regulations. GN R2654 GG47333/21-10-2022.

Marketing of Agricultural Products Act 47 of 1996
Establishment of Statutory measure: Registration of role players in the red meat industry. Establishment of levy and determination of guideline prices: Levy on cattle, sheep, goats and red meat. Establishment of statutory measure: Records and returns by abattoirs and other role-players in the red meat industry. R2614 – GN R2616 GG47300/14-10-2022 and GN R2652 GG47333/21-10-2022.

Military Pensions Act 84 of 1976
Determination of amounts for purposes of the Act. GN R2676 GG47371/28-10-2022.

National Environmental Management Act 107 of 1998
Environmental Management Plan as required by s 11(2) of the Act: Fourth Edition: 2020-2025. GN2600 GG47257/7-10-2022.

National Environmental Management: Air Quality Act 39 of 2004
Methodological Guidelines for Quantification of Greenhouse Gas Emissions. GN2598 GG47257/7-10-2022.

National Health Act 61 of 2003
2021 Normative Standards Framework for Digital Health Interoperability in South Africa. GN2667 GG47337/21-10-2022.

Natural Scientific Professions Act 27 of 2003
Recommended consultation fees. BN353 GG47302/14-10-2022.
South African Council for Natural Scientific Professions Code of Conduct 2022 (with effect from 1 October 2022). BN354 GG47302/14-10-2022.

Occupational Health and Safety Act 85 of 1993
Incorporation of safety standards. GN2683 GG47373/28-10-2022.

Petroleum Products Act 120 of 1977
Regulations in respect of the single maximum national retail price for illuminating paraffin. GN R2564 GG47248/4-10-2022.
Amendment of the regulations in respect of petroleum products. GN R2565 GG47248/4-10-2022.
Maximum retail price for liquefied petroleum gas. GN R2566 GG47248/4-10-2022.

Plant Improvement Act 53 of 1976
Regulations relating to establishment, varieties, plants and propagating material: Amendment of table 8. GN R2568 GG47254/7-10-2022.

Political Party Funding Act 6 of 2018
Electoral Commission: Publication of the General Notice for the Multi-Party Democracy Fund. GenN1336 GG47283/10-10-2022.

Protection of Personal Information Act 4 of 2013
Code of Conduct: The Banking Association South Africa. Code of Conduct: Credit Bureau Association. GN2601 and GN2602 GG47257/7-10-2022.

Public Finance Management Act 1 of 1999
Rate of interest on government loans: 1 November 2022, 9,75% per annum. GenN1365 GG47373/28-10-2022.

Public Protectors Act 23 of 1994
Determination of salaries and allowances of the Public Protector and Deputy Public Protector. GenN2672 GG47342/21-10-2022.

Republic of South Africa: Awareness-Raising Campaigns Framework
GN2687 GG47373/28-10-2022.

Road Accident Fund Act 56 of 1996
Adjustment of statutory limit in respect of claims for loss of income and loss of support. BN356 GG47373/28-10-2022.

Rules Board for Courts of Law Act 107 of 1985
Rules regulating matters in respect of the small claims courts. GN R2573 GG47254/7-10-2022.

Social Service Professions Act 110 of 1978
Regulations defining the Scope of Practice of the Profession of Social Work. GN R2617 GG47300/14-10-2022.

South African Human Rights Commission Act 40 of 2013
Determination of remuneration of the Commissioners of the South African Human Rights Commission. GenN2671 GG47342/21-10-2022.

South African Passports and Travel Documents Act 4 of 1994
Seventeenth amendment of the regulations made under the Act. GN2577 GG47256/6-10-2022.

Statistics South Africa
Consumer Price Index: August 2022. GenN1325 GG47257/7-10-2022.

Water Research Act 34 of 1971
Water Research Levy 2022/2023-Rates and Charges: Increase of 5%. GN2604 GG47261/7-10-2022.

Shanay Sewbalas and Johara Ally are Editors: National Legislation at LexisNexis South Africa.
This article was first published in De Rebus in 2022 (Dec) DR 37.

 

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