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June 2013

JUTA'S WEEKLY E-MAIL SERVICE 

(Bulletin 22 of 2013, based on Gazettes received during the week dated 24 to 31 May 2013)

ISSN 1022 - 6397

PROCLAMATIONS AND NOTICES

Department of Agriculture, Forestry and Fisheries:

Extension of period to comment on the draft revised general policy on the allocation and management of fishing rights, April 2013 published for comment in GenN 396 in GG 36383 of 17 April 2013 published (GenN 557 in GG 36491 of 27 May 2013) (p4)

Extension of period to comment on the draft Revised Sector Specific Fisheries Policies on the Allocation and Management of Fishing Rights, May 2013, for the following sectors: Traditional Linefish Fishery, Squid Fishery, Tuna Pole and Line Fishery, Demersal Shark Fishery, Oyster Fishery, White Mussel Fishery, Hake Handline Fishery and KZN Prawn Trawl Fishery published for comment in GenN 473 in GG 36460 of 14 May 2013 published (GenN 558 in GG 36491 of 27 May 2013) (p5)

Department of Trade and Industry:

Draft National Credit Act Policy Review Framework, 2013 published for comment (GenN 559 in GG 36504 of 29 May 2013) (p3)

Department of Transport:

Draft minimum service delivery standard for driving licence testing centres (DLTCs), vehicle testing stations (VTSs) and registering authorities (RAs) published for comment (GenN 566 in GG 36520 of 31 May 2013) (p3)

Statistics South Africa:

Consumer Price Index, Rate (Base Dec 2012 = 100), Rate: April 2013: 5,9 published (GenN 548 in GG 36485 of 31 May 2013) (p64)

COMMISSIONS ACT 8 OF 1947

Amendment of terms of reference of commission of enquiry into the tragic incidents at or near the area commonly known as the Marikana mine in Rustenburg, North West Province, South Africa published in Proc 50 in GG 35680 of 12 September 2012 published with effect from 31 May 2013 (Proc 15 in GG 36526 of 31 May 2013) (p3)

POST OFFICE ACT 44 OF 1958

Amendment 3 of the Rules of the Post Office Retirement Fund published (GN 380 in GG 36522 of 31 May 2013) (p3)

MEDICINES AND RELATED SUBSTANCES ACT 101 OF 1965

Exclusion of certain medicines from the operation of certain provisions of the Act published (GN R377 in GG 36507 of 29 May 2013) (p3)

CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996

Transfer of administration and powers and functions entrusted by legislation to certain cabinet members published (Proc 16 in GG 36527 of 31 May 2013) (p3)

SOUTH AFRICAN REVENUE SERVICE ACT 34 OF 1997

Schedule 1 amended (Proc 13 in GG 36509 of 30 May 2013) (p3)

HIGHER EDUCATION ACT 101 OF 1997

Notice of intention to establish a new university incorporating the Medunsa Campus of the University of Limpopo published for comment (GN 376 in GG 36492 of 28 May 2013) (p3)

INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA ACT 13 OF 2000 & ELECTRONIC COMMUNICATIONS ACT 36 OF 2005

Extension of closing date for submissions of comments regarding the draft Labelling Regulations, 2013 published for comment in GenN 393 in GG 36380 of 16 April 2013 published (GenN 562 in GG 36510 of 30 May 2013) (p3)

PROJECT AND CONSTRUCTION MANAGEMENT PROFESSIONS ACT 48 OF 2000

Registration Rules for Construction Health and Safety Officer: Date of commencement: 1 August 2013 (BN 113 in GG 36525 of 31 May 2013) (p3)

Registration Rules for Construction Health and Safety Manager: Date of commencement: 1 August 2013 (BN 114 in GG 36525 of 31 May 2013) (p4)

Registration Rules for Construction Health and Safety Agent: Date of commencement: 1 June 2013 (BN 115 in GG 36525 of 31 May 2013) (p5)

FINANCIAL ADVISORY AND INTERMEDIARY SERVICES ACT 37 OF 2002

Notice on Particular Exemption from Fees Payable to Registrar 3 of 2013 published (BN 91 in GG 36493 of 28 May 2013) (p3)

Exemption of Particular Persons from the Level 1 Regulatory Examination 4 of 2013 published (BN 92 in GG 36493 of 23 April 2013) (p4)

Compliance Report for Category I FSPs without a Compliance Officer, 2013 published (BN 105 in GG 36496 of 29 May 2013) (p3)

Compliance Report for Category I FSPs with a Compliance Officer, 2013 published (BN 106 in GG 36497 of 29 May 2013) (p3)

Bi-Annual Compliance Report for Categories II and IIA FSPs, 2013 published (BN 107 in GG 36498 of 29 May 2013) (p3)

Bi-Annual Compliance Report for Categories [sic] III FSPs, 2013 published (BN 108 in GG 36499 of 29 May 2013) (p3)

Compliance Report for Category IV FSPs, 2013 published (BN 109 in GG 36500 of 29 May 2013) (p3)

Compliance Report for Foreign FSPs, 2013 published (BN 110 in GG 36501 of 29 May 2013) (p3)

Compliance Report for an FSP substituting its Compliance Officer during reporting period, 2013 published (BN 111 in GG 36502 of 29 May 2013) (p3)

Determination of Compliance Report for a Financial Services Provider who has appointed a Compliance Officer during the reporting period, 2013 (BN 112 in GG 36503 of 29 May 2013) (p3)

COLLECTIVE INVESTMENT SCHEMES CONTROL ACT 45 OF 2002

Notice on Collective Investment Schemes Fees, 2013 published and GenN 298 in GG 35235 of 5 April 2012 repealed (BN 88 in GG 36485 of 31 May 2013) (p71)

NATIONAL HEALTH ACT 61 OF 2003

Draft regulations relating to research on human subjects published for comment (GN R378 in GG 36508 of 29 May 2013) (p3)

ELECTRONIC COMMUNICATIONS ACT 36 OF 2005

Number audit data submission format published and GenN 360 in GG 32107 of 6 April 2009 repealed (GenN 561 in GG 36506 of 29 May 2013) (p3)

MINERAL AND PETROLEUM RESOURCES DEVELOPMENT AMENDMENT ACT 49 OF 2008

Date of commencement: 7 June 2013 (Proc 14 in GG 36512 of 31 May 2013) (p3)

Inserts ss. 5A, 38A, & 38B & item 10A in Schedule II; substitutes ss. 15, 57, 101 & 102 & the heading to Chapter 5; repeals ss. 38-42 inclusive and amends ss. 1-3, 5, 9-11, 13, 14, 16-28, 30-33, 35, 37, 43-49, 52, 53, 56, 58, 59, 61, 63, 69, 71, 73-76, 78-86, 88, 92, 93, 96, 98, 100 & 103-107 & items 1, 3-10 & 12 & Tables 2 & 3 of Schedule II to the Mineral and Petroleum Resources Development Act 28 of 2002

FINANCIAL MARKETS ACT 19 OF 2012

Date of commencement: 3 June 2013 (Proc 12 in GG 36485 of 31 May 2013)

Repeals the Securities Services Act 36 of 2004; amends s. 45 (1) of the Financial Advisory and Intermediary Services Act 37 of 2002; substitutes s. 5 of the Collective Investment Schemes Control Act 45 of 2002; amends s. 18 of the Competition Act 89 of 1998; deletes s. 8, amends ss. 6A & 6D & substitutes s. 6H of the Financial Institutions (Protection of Funds) Act 28 of 2001; amends ss. 1, 5, 69 & 116 of the Companies Act 71 of 2008; substitutes s. 35A of the Insolvency Act 24 of 1936 and amends s. 8 of the National Payment System Act 78 of 1998

Financial Services Board (FSB):

Application for approval of the acquisition or the holding of shares or any other interest in a market infrastructure published with effect from 3 June 2013 (BN 93 in GG 36494 of 31 May 2013) (p3)

Conditions applicable to the demutualisation of an exchange, central securities depository or independent clearing house published with effect from 3 June 2013 (BN 94 in GG 36494 of 31 May 2013) (p10)

Conditions applicable to the inclusion by an exchange of securities issued by it in its own list published with effect from 3 June 2013 (BN 95 in GG 36494 of 31 May 2013) (p14)

Accounting records to be maintained by a regulated person published with effect from 3 June 2013 (BN 96 in GG 36494 of 31 May 2013) (p17)

Determination of fit and proper requirements for market infrastructures published with effect from 3 June 2013 (BN 97 in GG 36494 of 31 May 2013) (p23)

Prescribed fees published with effect from 3 June 2013 (BN 98 in GG 36494 of 31 May 2013) (p37)

Penalties to be imposed by the registrar published with effect from 3 June 2013 (BN 99 in GG 36494 of 31 May 2013) (p39)

Matters to be reported on by auditor of a regulated person published with effect from 3 June 2013 (BN 100 in GG 36494 of 31 May 2013) (p40)

Report by a market infrastructure to the registrar published with effect from 3 June 2013 (BN 101 in GG 36494 of 31 May 2013) (p42)

Reporting of transactions in listed securities published with effect from 3 June 2013 (BN 102 in GG 36494 of 31 May 2013) (p44)

Conditions applicable to the amalgamation, merger, transfer or disposal of market infrastructures published with effect from 3 June 2013 (BN 103 in GG 36494 of 31 May 2013) (p46)

Requirements applicable to the granting of a market infrastructure licence published with effect from 3 June 2013 (BN 104 in GG 36494 of 31 May 2013) (p52)

BILLS

Extension of period to comment on the draft Marine Living Resources Amendment Bill, 2013 published for comment in GenN 434 in GG 36413 of 25 April 2013 published (GenN 556 in GG 36491 of 27 May 2013) (p3)

Mineral and Petroleum Resources Development Amendment Bill, 2013 notice of introduction published (GenN 567 in GG 36523 of 31 May 2013) (p3)

Draft National Credit Amendment Bill, 2013 published for comment (GenN 560 in GG 36505 of 29 May 2013) (p3)

Draft National Forests Amendment Bill, 2013 published for comment (GenN 542 in GG 36485 of 31 May 2013) (p50)

Draft National Veld and Forest Fire Amendment Bill, 2013 published for comment (GenN 543 in GG 36485 of 31 May 2013) (p52)

Draft Public Administration Management Bill, 2013 published for comment (GenN 519 in GG 36521 of 31 May 2013) (p3) Insurance Laws Amendment Bill, 2013, publication of explanatory summary (GenN 563 in GG 36513 of 31 May 2013) (p3)

PROVINCIAL LEGISLATION

EASTERN CAPE

House of Traditional Leaders Act 1 of 1995: Election of members to represent Bumbane Constituency to the Provincial House of Traditional Leaders (Eastern Cape) published (PN 50 in PG 2961 of 28 May 2013) (p3)

Local Government: Municipal Structures Act 117 of 1998: Identified Traditional Leaders who may participate in the proceedings of the Municipal Councils published (LAN 26 in PG 2964 of 31 May 2013) (p3)

Eastern Cape Political Party Fund Repeal Act 2 of 2013 (PN 53 in PG 2966 of 31 May 2013) (p3) Date of commencement: 19 April 2013 Repeals: The Eastern Cape Political Party Fund Act 1 of 2010

FREE STATE

Traditional Leadership and Governance Framework Act 41 of 2003: Free State Traditional Leadership and Governance Reconstitution of Traditional Councils Regulations, 2013 published (PN 28 in PG 18 of 31 May 2013) (p2)

Free State Traditional Leadership and Governance Act 8 of 2005: Draft Free State Traditional Leadership and Governance Reconstitution of Traditional Councils Regulations, 2013 published for comment (PN 29 in PG 19 of 31 May 2013) (p2)

KWAZULU-NATAL

KwaZulu-Natal Promotion of Good Governance Bill, 2013 together with the Memorandum on the Objects of the Bill published for comment (GenN 41 in PG 954 of 29 May 2013) (p3)

KwaZulu-Natal Heritage Act 4 of 2008: Draft applications for alterations and additions to or demolition of protected buildings published for comment (PN 77 in PG 956 of 30 May 2013) (p16)

Local Government: Municipal Systems Act 32 of 2000: Emnambithi/Ladysmith Municipality: Amendment of Tariff of Charges 2013/2014 published with effect from 1 July 2013 (MN 43 in PG 956 of 30 May 2013) (p18)

Broad-Based Black Economic Empowerment Act 53 of 2003 and KwaZulu-Natal Gaming and Betting Act 8 of 2010: Discussion document on proposed transformation minimum standards guideline for the limited payout machine sector and bingo sector of the gaming and betting industry published (PN 87 in PG 959 of 31 May 2013) (p3)

Local Government: Municipal Structures Act 117 of 1998: uMzimkhulu Municipality: Proposed determination of the Chairperson of the Municipal Public Accounts Committee as full-time councillor published for comment (MN 45 in PG 960 of 31 May 2013) (p3)

MPUMALANGA

National Health Act 61 of 2003: Amended Hospital Fees Manual published (GenN 173 in PG 2173 of 27 May 2013) (p3)

NORTH WEST

Local Government: Municipal Property Rates Act 6 of 2004: Ratlou Local Municipality: Notice of levying rates and tariffs for the 2009/10, 2010/11, 2011/12 and 2012/2013 financial years published (LAN 109 in PG 7115 of 28 May 2013) (p2)

WESTERN CAPE

Constitution of the Republic of South Africa, 1996: Swellendam Municipality: By-law relating to the Management and use of Rivers published (LAN 50996 in PG 7131 of 24 May 2013) (p1025)

This information is also available on the daily Legalbrief at www.legalbrief.co.za

ABBREVIATIONS:

GG (Government Gazette), GenN (General Notice), GN (Government Notice), BN (Board Notice), Proc (Proclamation), PG (Provincial Gazette), PN (Provincial Notice), PremN (Premier's Notice), ON (Official Notice), LAN (Local Authority Notice), MN (Municipal Notice)

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