New legislation – January/February 2017

February 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 1 November – 19 December 2016

Bills introduced

Plant Improvement B8A of 2015.

Plant Improvement B8B of 2015.

National Veld and Forest Fire Amendment Bill B22 of 2016.

Border Management Authority Bill B9A of 2016.

Plant Breeders’ Rights Bill B11A of 2015.

Plant Breeders’ Rights Bill B11B of 2015.

Mineral and Petroleum Resources Development Bill B15C of 2013.

Mineral and Petroleum Resources Development Bill B15D of 2013.

Taxations Laws Amendment Bill B17A of 2016.

Taxations Laws Amendment Bill B17B of 2016.

Rates and Monetary Amounts and Amendment of Revenue Laws (Administration) Bill B20A of 2016.

Implementation of the Rome Statute of the International Criminal Court Act Repeal Bill B23 of 2016.

Commencement of Acts

Criminal Procedure Amendment Act 65 of 2008, s 1 in respect of the subdistrict of New Brighton. Commencement: 15 November 2016. Proc R62 GG40469/2-12-2016.

Selected list of delegated legislation

Allied Health Professions Act 63 of 1982

Increase of fees payable to the council. BN173 GG40414/11-11-2016.

Auditing Professions Act 26 of 2005

Amendments to the Code of Professional Conduct for registered auditors responding to non-compliance with laws and regulations. BN188 GG40480/9-12-2016.

Broad-Based Black Economic Empowerment Act 53 of 2003

Amended Codes of Good Practice: Information and Communication Technology Sector. GN1387 GG40407/7-11-2016.

Threshold for major B-BBEE transactions. GenN748 GG40410/8-11-2016.

Civilian Secretariat for Police Service Act 2 of 2011

Civilian Secretariat for Police Service Regulations, 2016. GN1389 GG40414/11-11-2016.

Companies Act 71 of 2008

Electronic filings of documents in relation to all legal matters that are filed or to be filed with the Commission to satisfy the requirements set out in regulations 168. GN1399 GG40414/11-11-2016.

Compensations for Occupational Injuries and Diseases Act 130 of 1993

Notice on revision of assessments. GN1386 GG40406/7-11-2016.

Increase of the maximum amount of earnings on which the assessment of an employer shall be calculated with effect from 1 April 2017 (R403 500 per annum). GN1577 GG40509/19-12-2016.

Criminal Procedure Act 51 of 1977

Designation of correctional facilities (available in English and Afrikaans). GN R1492 GG40469/2-12-2016.

Disaster Management Act 57 of 2002

Establishment of the Intergovernmental Committee on Disaster Management. Proc R61 GG40394/2-11-2016.

Guideline on conducting a comprehensive risk assessment, part 1: Hazard analysis, identification and prioritisation. GN1363 GG40393/2-11-2016.

Electronic Communications Act 36 of 2005

Regulations on Code of Conduct for Premium Rated Services. GN1376 GG40402/4-11-2016.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

Regulations relating to miscellaneous additives in foodstuffs (available in English and Afrikaans). GN1425 GG40432/17-11-2016 and GN1426 GG40434/18-11-2016.

Health Professions Act 56 of 1974

Regulations defining the scope of practice of clinical associates. GN1390 GG40414/11-11-2016.

Regulations defining the scope of practice of dental therapy. GN1391 GG40414/11-11-2016.

Income Tax Act 58 of 1962

Agreement between South African and the United Arab Emirates for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (available in English and Afrikaans). GN1565 GG40496/15-12-2016.

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

Rules of procedure. GN1563 GG40496/15-12-2016.

Landscape Architectural Profession Act 45 of 2000

Revised registration policy and rules related to registration. BN171 GG40402/4-11-2016.

Magistrates’ Courts Act 32 of 1944

Annexure of certain districts to a regional court in respect of offences committed within the Rustenburg area. GN1428 GG40439/23-11-2016.

Marine Living Resources Act 18 of 1998

Amendment of regulations. GN1427 GG40437/22-11-2016.

Medical Schemes Act 131 of 1998

Adjustment of fees payable to brokers. GN1559 GG40496/15-12-2016.

Medicines and Related Substances Act 101 of 1965

Regulations relating to medical devices and in vitro diagnostic medical devices (available in English and Sepedi). GN1515 GG40480/9-12-2016.

National Environmental Management: Waste Act 59 of 2008

Amendments to the Waste Tyre Regulations, 2009. GN R1493 GG40470/2-12-2016.

National Health Act 61 of 2003

Procedural regulations pertaining to the functioning of the Office of Health Standards Compliance and handling of complaints by the Ombud (available in English, IsiZulu and Sepedi). GN1365 GG40396/2-11-2016.

National Road Traffic Act 93 of 1996

Amendment of the National Road Traffic Regulations. GN1408 GG40420/11-11-2016.

Pharmacy Act 53 of 1974

Fees payable to the Council. BN172 GG40405/4-11-2016.

Sheriff Act 90 of 1986

Re-description of the area of jurisdiction of the Lower and Superior Court Sheriff Area. GN1454 GG40453/29-11-2016 and BN1554 GG40489/12-12-2016.

Skills Development Act 97 of 1998

Establishment and re-establishment of sector education and training authorities. GN1570 GG40505/15-12-2016.

South African Police Service Act 88 of 1995

The South African Police Service Discipline Regulations (available in English and Afrikaans). GN R1361 GG40389/1-11-2016.

Small Claims Courts Act 61 of 1984

Establishment of a small claims court for the Kranskop and Umvoti areas. GN1518 GG40480/9-12-2016.

Establishment of a small claims court for the Hoopstad, Wesselsbron and Bultfontein areas. GN1520 GG40480/9-12-2016.

Establishment of a small claims court for the Ntabethemba area. GN1521 GG40480/9-12-2016.

Veterinary and Para-Veterinary Professions Act 19 of 1982

Amendment of regulations relating to veterinary and para-veterinary professions. GenN824-826 GG40464/2-12-2016.

Draft delegated legislation

Draft Social Assistance Amendment Bill. GN1362 GG40391/1-11-2016.

Mandatory Audit Firm Rotation in terms of the Auditing Profession Act 26 of 2005 for comment. BN170 GG40392/1-11-2016 and BN186 GG40475/6-12-2016.

Draft distribution maps for certain indigenous species in terms of the National Environmental Management: Biodiversity Act 10 of 2004. GenN727 GG40398/3-11-2016.

Game Meat Regulations in terms of the Meat Safety Act 40 of 2000 for comment. GN1371 GG40402/4-11-2016.

Declaration of certain printing industry activities as controlled emitters and establishment of emission standards in terms of the National Environmental Management: Air Quality Act 39 of 2004 for comment. GN1373 GG40402/4-11-2016.

Norms and standards for the inclusion of private nature reserves in the register of protected areas in terms of the National Environmental Management: Protected Areas Act 57 of 2003 for comment. GenN731 GG40402/4-11-2016.

Norms and standards for management of damage-causing animals in South Africa in terms of National Environmental Management: Biodiversity Act 10 of 2004 for comment. GenN749 GG40412/10-11-2016.

Proposed Draft Explosives Regulation, 2014 in terms of the Occupational Health and Safety Act 85 of 1993. GN R1402 GG40415/11-11-2016.

Proposed regulations relating to fertilizers in terms of the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947. GN1567 GG40498/15-12-2016.

Proposed draft directive on the establishment and implementation of cooperative arrangements between licensed market infrastructures in terms of the Financial Markets Act 19 of 2012. BN178 GG40428/18-11-2016.

Draft National Qualifications Framework Amendment Bill, 2016. GN1423 GG40430/18-11-2016.

Proposed amendment of the Alternative Dispute Resolution Regulations in terms of the Electronic Communications and Transactions Act 25 of 2002. GN1419 GG40428/18-11-2016.

Draft Policy Framework for Disability in the Post-School Education and Training System in terms of the Higher Education Act 101 of 1997. GN1410 GG40428/18-11-2016.

Proposed amendments to the regulations regarding the planning and management of residue stockpiles and residue deposits, 2015 in terms of the National Environmental Management: Waste Act 59 of 2008. GN1440 GG40447/25-11-2016.

Proposed levies on medical schemes in terms of the Council for Medical Schemes Levies Act 58 of 2000. GenN817 GG40446/25-11-2016.

Proposed National Policing Standard for Municipal Police Services on the Use of Force in Effecting Arrest in terms of the South African Police Services Act 68 of 1995 (available in English and Afrikaans). GN1455 GG40456/30-11-2016.

Draft Liquor Amendment Bill. GN1458 GG40459/30-11-2016.

Draft Licensing Exemption and Registration Notice in terms of the Electricity Regulation Act 4 of 2006. GN1482 GG40464/2-12-2016.

Permit Fee Regulations, 2017 in terms of the Cross-Border Road Transport Act 4 of 1998 for comment. GN1534 GG40480/9-12-2016.

Draft Dental Technology Bill. GenN864 GG40480/9-12-2016.

Proposed amendments to the National Waste Information Regulations in terms of the National Environmental Management: Waste Act 59 of 2008. GN1556 GG40490/12-12-2016.

Proposed replacement of the Policyholder Protection Rules in terms of the Long-term Insurance Act 52 of 1998 and the Short-term Insurance Act 53 of 1998. BN191 GG40501/15-12-2016 and BN192 GG40507/15-12-2016.

This article was first published in De Rebus in 2017 (Jan/Feb) DR 50.

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