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December 2013

JUTA'S WEEKLY E-MAIL SERVICE 

(Bulletin 51 of 2013, based on Gazettes received during the week dated 13 to 20 December 2013)

ISSN 1022 - 6397

ACTS

EMPLOYMENT TAX INCENTIVE ACT 26 OF 2013 (GG 37185 of 18 December 2013)[1]

Date of commencement: 18 December 2013, except ss. 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12 & 13: 1 January 2014; and s. 10: to be determined

Amends s. 10 & the Fourth Schedule to the Income Tax Act 58 of 1962, amends Schedule 1 to the South African Revenue Service Act 34 of 1997 and amends s. 70 of the Tax Administration Act 28 of 2011

NATIONAL ENVIRONMENTAL MANAGEMENT LAWS SECOND AMENDMENT ACT 30 OF 2013 (GG 37170 of 18 December 2013)[2]

Date of commencement: 18 December 2013, unless otherwise indicated

Amends ss. 1, 11, 24, 24C, 24E, 24F, 24M, 24O, 28, 30, 31J, 31N, 31Q, 34H, 44, 47 & 47D, Schedule 3 and the Table of Contents; inserts ss. 16A, 23A, 30A, 39A, 49A & 49B; repeals ss. 34A & 48; and substitutes s. 24G & certain expressions in the National Environmental Management Act 107 of 1998

LOTTERIES AMENDMENT ACT 32 OF 2013 (GG 37171 of 18 December 2013)[3]

Date of commencement: to be proclaimed

Amends s. 1, the title of Chapter 1, ss. 3, 4, 10, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 26, 28, 29, 30, 31, 32 & 60, substitutes ss. 2, 5 & 33, inserts ss. 2A-G, 3A-C, 10A, 13A, 13B & 26A-H and repeals ss. 7 & 27 of the Lotteries Act 57 of 1997

SECTIONAL TITLES AMENDMENT ACT 33 OF 2013 (GG 37172 of 18 December 2013)[4]

Date of commencement: 18 December 2013

Amends ss. 1, 4, 14, 15B, 17, 19, 25 & 27 and substitutes s. 18 of the Sectional Titles Act 95 of 1986

DEEDS REGISTRIES AMENDMENT ACT 34 OF 2013 (GG 37173 of 18 December 2013)[5]

Date of commencement: 18 December 2013

Amends ss. 4, 38, 44, 48, 56, 93 & 102 of the Deeds Registries Act 47 of 1937

MERCHANT SHIPPING (INTERNATIONAL OIL POLLUTION COMPENSATION FUND) ADMINISTRATION ACT 35 OF 2013 (GG 37174 of 18 December 2013)[6]

Date of commencement: to be proclaimed


[1] Nawu wa Ku vuyeriwa hi Xibalo xa Matholelo 26 wa 2013

[2] Tweede Wysigingswet op Nasionale Omgewingsbestuurswette 30 van 2013

[3] Wysigingswet op Loterye 32 van 2013

[4] Wysigingswet op Deeltitels 33 van 2013

[5] Wysigingswet op Registrasie van Aktes 34 van 2013

[6] uMthetho oSingethe abaHwebi bezokuThutha (isiKhwama sesiNxephezelo sokuNgcolisa amaFutha samaZwe oMhlaba), wama-2013

PROCLAMATIONS AND NOTICES

PENSION FUNDS ACT 24 OF 1956

Notice on MIR Assumptions, 2013 (assumptions for the determination of minimum individual reserves of members of defined categories of pension funds) published and BN 37 published in GG 29767 of 2 April 2007 replaced (BN 270 in GG 37188 of 20 December 2013) (p3)

CUSTOMS AND EXCISE ACT 91 OF 1964

Schedule 1 amended up to and including 31 December 2013 (GN R1006 in GG 37154 of 20 December 2013) (p12)

Schedule 1 amended with effect from 1 January 2014 (GN R1007 in GG 37154 of 20 December 2013) (p14)

Schedule 1 amended (GN R1008 in GG 37154 of 20 December 2013) (p16)

Schedule 4 amended with effect from 15 November 2013 (GN R1009 in GG 37154 of 20 December 2013) (p17)

Schedule 4 amended (GN R1010 in GG 37154 of 20 December 2013) (p19)

Schedule 8 amended (GN R1011 in GG 37154 of 20 December 2013) (p21)

Amendment of rules (DAR/132) published (GN R1017 in GG 37169 of 20 December 2013) (p3)

Amendment of rules (DAR/133) published (GN R1018 in GG 37169 of 20 December 2013) (p6)

Imposition of provisional payment (PP/145) published up to and including 20 June 2014 (GN R1024 in GG 37175 of 20 December 2013) (p3)

Imposition of provisional payment (PP/146) published up to and including 20 June 2014 (GN R1025 in GG 37175 of 20 December 2013) (p5)

PHARMACY ACT 53 OF 1974

Minimum standard relating to the supervision of pharmacy support personnel published and rules relating to good pharmacy practice published in BN 129 in GG 27112 of 17 December 2004 amended (BN 271 in GG 37193 of 20 December 2013) (p3)

Proposed minimum standards for the procurement, storage and distribution of thermolabile pharmaceutical products; relating to courier services; and relating to automated dispensing units for the purpose of dispensing medicines and medical devices and amendment to rules relating to good pharmacy practice published in BN 129 in GG 27112 of 17 December 2004 published for comment (BN 272 in GG 37193 of 20 December 2013) (p9)

AGRICULTURAL PESTS ACT 36 OF 1983

Control measures amended with effect from 1 April 2014 (GN R1002 in GG 37154 of 20 December 2013) (p4)

Regulations amended with effect from 1 April 2014 (GN R1003 in GG 37154 of 20 December 2013) (p7)

AGRICULTURAL PRODUCT STANDARDS ACT 119 OF 1990

Notice of proposed amendments to the regulations relating to the grading, packing and marking of sunflower[s] intended for sale in the Republic of South Africa published for comment (GN R1004 in GG 37154 of 20 December 2013) (p10)

Notice of proposed amendments to the regulations relating to the grading, packing and marking of soya beans intended for sale in the Republic of South Africa published for comment (GN R1005 in GG 37154 of 20 December 2013) (p11)

AIRPORTS COMPANY ACT 44 OF 1993

Airport charges published (GenN 1228 in GG 37186 of 20 December 2013) (p3)

MARKETING OF AGRICULTURAL PRODUCTS ACT 47 OF 1996

Continuation of statutory measures and determination of guideline prices in the wine industry published with effect from 1 January 2014 (GN 1013 in GG 37153 of 20 December 2013) (p6)

Continuation of and amendment to levies on milk and other dairy products and determination of guideline prices in respect of milk and other dairy products published (GenN 1218 in GG 37153 of 20 December 2013) (p21)

Continuation of and amendment to statutory measure for the registration of persons involved in the secondary dairy industry published (GenN 1219 in GG 37153 of 20 December 2013) (p37)

Continuation of and amendment to statutory measure regarding records and returns in respect of milk and other dairy products published (GenN 1220 in GG 37153 of 20 December 2013) (p47)

SPECIAL INVESTIGATING UNITS AND SPECIAL TRIBUNALS ACT 74 OF 1996

Referral of matters to existing special investigating unit and special tribunal in respect of the affairs of the national Department of Public Works relating to the security upgrading of the private residence of the President situated at Nkandla, KwaZulu-Natal published (Proc R59 in GG 37192 of 20 December 2013) (p3)

NATIONAL ROAD TRAFFIC ACT 93 OF 1996

National Road Traffic Regulations, 2000: Amount payable by a driving licence testing centre in terms of regulations 108 (1A) and 119 (1A) published (GenN 1217 in GG 37160 of 17 December 2013) (p3)

DEVELOPMENT BANK OF SOUTHERN AFRICA ACT 13 OF 1997

Regulations amended (GN R1026 in GG 37178 of 18 December 2013) (p3)

INDEPENDENT COMMISSION FOR THE REMUNERATION OF PUBLIC OFFICE-BEARERS ACT 92 OF 1997

Explanatory memorandum for annual recommendations for 2013/2014 published (GenN 1227 in GG 37177 of 18 December 2013) (p3)

SOUTH AFRICAN CIVIL AVIATION AUTHORITY LEVIES ACT 41 OF 1998

Terms and conditions for payment of aviation fuel levy published (GenN 1229 in GG 37187 of 20 December 2013) (p3)

PLANNING PROFESSION ACT 36 OF 2002

The South African Council for Planners (SACPLAN): SACPLAN 1 of 2013: Rules and Code of Conduct published (GenN 1230 in GG 37189 of 23 December 2013) (p3)

FINANCIAL ADVISORY AND INTERMEDIARY SERVICES ACT 37 OF 2002

Amendment of Fit and Proper Requirements and Accompanying Measures, 2013 published with effect from 1 January 2014 (BN 260 in GG 37164 of 19 December 2013) (p3)

Notice on Particular Exemption from Fees Payable to Registrar 7 of 2013 published (BN 261 in GG 37164 of 19 December 2013) (p7)

Exemption of Particular Persons from the Level 1 Regulatory Examination 9 of 2013 published (BN 262 in GG 37164 of 19 December 2013) (p8)

Exemption of Particular Persons from the Level 1 Regulatory Examination 10 of 2013 published (BN 263 in GG 37164 of 19 December 2013) (p12)

Notice on Lifting of Suspension of Authorisation 9 of 2013 published (BN 264 in GG 37164 of 19 December 2013) (p17)

Notice on Reinstatement of Withdrawn Licenses 9 of 2013 published (BN 265 in GG 37164 of 19 December 2013) (p18)

Notice on Suspension of Authorisation 10 of 2013 published (BN 266 in GG 37164 of 19 December 2013) (p19)

Notice on Withdrawal of Authorisation 9 of 2013 published (BN 267 in GG 37164 of 19 December 2013) (p21)

Amendment Notice on the Determination of Qualifying Criteria and Qualifications for Financial Services Providers, 2013 published (BN 268 in GG 37168 of 20 December 2013) (p3)

Amendment on Qualifications, Experience and Criteria for the Approval as a Compliance Officer, 2013 published (BN 269 in GG 37168 of 20 December 2013) (p89)

ELECTRONIC COMMUNICATIONS ACT 36 OF 2005

Extension for period for submission on proposed amendment to Universal Service and Access Licence Obligations published for comment in GenN 1173 in GG 37071 of 27 November 2013 published (GenN 1231 in GG 37190 of 20 December 2013) (p3)

Notice of availability of reasons for decision in respect of the application for an amendment of an individual commercial sound broadcasting service licence by Umoya Communications (Pty) Ltd broadcasting as Algoa FM published (GenN 1226 in GG 37176 of 19 December 2013) (p3)

NATIONAL QUALIFICATIONS FRAMEWORK ACT 67 OF 2008

South African Qualifications Authority (SAQA): Proposed recognition of professional bodies Association of Chartered Certified Accountants South Africa (ACCA SA) and Institute of Certificated and Chartered Statisticians of South Africa (ICCSSA) and registration of designations on the NQF published for comment (GenNs 1223-1224 in GG 37166 of 20 December 2013) (pp 3 & 4)

NATIONAL LAND TRANSPORT ACT 5 OF 2009

Notice of intention to institute extraordinary measures in a declared area regarding taxi violence and taxi ranks in the Delft area published for comment (GenN 1232 in GG 37195 of 20 December 2013) (p3) &  (GenN 1233 in GG 37196 of 23 December 2013) (p3)

BILLS

Prevention and Combating of Torture of Persons Bill, 2012 [B21A-2012]

Geomatics Profession Bill, 2013 [B4A-2013]

National Environmental Management Laws Second Amendment Bill, 2013 [B13A-2013] & [B13B-2013]

Merchant Shipping (International Oil Pollution Compensation Fund) Bill, 2013 [B19A-2013]

PROVINCIAL LEGISLATION

EASTERN CAPE

Local Government: Municipal Systems Act 32 of 2000 and Eastern Cape Liquor Act 10 of 2003: Buffalo City Metropolitan Municipality: Liquor Trading Hours By-law published and LAN 125 of 28 October 2008 repealed (LAN 70 in PG 3093 of 17 December 2013) (p3)

Local Government Municipal Demarcation Act 27 of 1998: Electoral Commission: Correction Notice: GenN 284 in PG 3091 of 10 December corrected (GenN 300 in PG 3098 of 19 December 2013) (p3)

GAUTENG

Gauteng Scrutiny of Subordinate Legislation Act 5 of 2008: Index of subordinate legislation, proclamations and notices for the period 6 December 2012 to 17 December 2013 published (GenN 3468 in PG 371 of 19 December 2013) (p3)

Gauteng Provincial Road Traffic Act 10 of 1997: Gauteng Provincial Road Traffic Amendment Regulations, 2013 published (GenN 3476 in PG 376 of 20 December 2013) (p3)

Local Government: Municipal Demarcation Act 27 of 1998: Electoral Commission: Correction Notice: GenN 3451 in PG 358 of 10 December 2013 corrected (GenN 3475 in PG 377 of 19 December 2013) (p3)

Disaster Management Act 57 of 2002: City of Tshwane Metropolitan Municipality: Declaration of disaster areas published (LAN 1815 in PG 378 of 20 December 2013) (p2)

LIMPOPO

Local Government: Municipal Systems Act 32 of 2000: Makhado Local Municipality: Aerial Systems By-law; Caravan Parks By-laws; Fences and Fencing By-laws; Commange By-law; and Aerodrome By-law published and previous By-laws repealed (LANs 181, 182, 183, 184 & 185 in PG 2293 of 20 December 2013) (pp 3, 13, 26, 36 & 46)

Local Government: Municipal Systems Act 32 of 2000: Makhado Local Municipality: Public Health Animal By-law and Roads, Traffic and Safety By-law published and previous By-laws repealed (LANs 179 & 180 in PG 2294 of 20 December 2013) (pp 3 & 60)

Local Government: Municipal Demarcation Act 27 of 1998: Electoral Commission: Correction Notice: GenN 573 in PG 7201 of 10 December corrected (GenN 491 in PG 2295 of 19 December 2013) (p3)

MPUMALANGA

Spatial [Planning and] Land Use Management Act 16 of 2013: Govan Mbeki Municipality: Notice of Draft Spatial Development Framework 2014 published for comment (LAN 210 in PG 2240 of 20 December 2013) (p17)

Mpumalanga Nature Conservation Act 10 of 1998: Mpumalanga Tourism and Parks Agency: Intention to amend the definition of the geographical areas comprising the Provincial Nature Reserves published for comment (GenN 447 in PG 2242 of 19 December 2013) (p3)

Local Government: Municipal Demarcation Act 27 of 1998: Electoral Commission: Correction Notice: GenN 442 in PG 2238 of 10 December 2013 corrected (GenN 453 in PG 2243 of 19 December 2013) (p3)

NORTHERN CAPE

Northern Cape Consumer Protection Act 1 of 2012: Designation of the Provincial Consumer Protection Authority to have general authority over consumer protection matters published (GenN 141 in PG 1762 of 19 December 2013) (p3)

Local Government: Municipal Demarcation Act 27 of 1998: Electoral Commission: Correction Notice: GenN 134 in PG 1760 of 10 December 2013 corrected (GenN 142 in PG 1764 of 19 December 2013) (p3)

WESTERN CAPE

Western Cape Adjustments Appropriation Act 11 of 2013[1] (PN 419 in PG 7211 of 13 December 2013 (p2)
Date of commencement: 13 December 2013

Western Cape Membership of the Western Cape Economic Development Partnership Act 12 of 2013[2] (PremN 420 in PG 7212 of 13 December 2013) (p2)
Date of commencement: 13 December 2013

National Environmental Management: Protected Areas Act 57 of 2003: Declaration of the Alsfontien Nature Reserve published (PN 429 in PG 7213 of 13 December 2013) (p3387)

Constitution of the Republic of South Africa, 1996 and Western Cape Liquor Act 4 of 2008: Witzenberg Municipality: Draft By-law on Liquor Trading Days and Hours, 2013 published for comment (LAN 56193 in PG 7213 of 13 December 2013) (p3405)

Constitution of the Republic of South Africa, 1996: Knysna Municipality: Outdoor Advertising, Heritage and Aesthetics By-law published and previous by-laws repealed (LAN 56196 in PG 3455 of 13 December 2013) (p3417)


[1] Wes-Kaapse Aansuiweringsbegrotingswet 11 van 2013

[2] Wes-Kaapse Wet op Lidmaatskap van die Wes-Kaapse Ekonomiese Ontwikkelingsvennootskap 12 van 2013

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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