NEW LEGISLATION – Feb 2011

NEW LEGISLATION (CHEMICAL & ALLIED INDUSTRIES’ ASSOCIATION News Letter abstract)

National Environmental Management: Air Quality Act, 2004 (Act No 39).

The Department of Environmental Affairs have given notice of the intention under paragraphs (a) (e) (k) and (p) of Section 53 to phase out ozone depleting substances in South Africa. Government Gazette 33925 of the 14 January 2011.

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No.36)

The Department of Agriculture, Forestry and Fisheries have published the Pesticide Management Policy for South Africa. The policy covers protection of human health and the promotion of a non-toxic environment, obligations under international agreements, labeling, monitoring programmes, disposal and container management, alternative products and the public’s right to access the information on pesticides. Government Gazette No. 33899 of 24 December 2010.

National Climate Change Response Green Paper 2010

The long awaited draft National Climate Change Response Green Paper appeared towards the end of November in 2010. Electronic copies can be downloaded from www.environment.gov.za. Following a period of consultation a final White Paper is anticipated in mid 2011.

Road Traffic Amendment 18 – GG 33980 and draft Amendment 19 – GG 33979.

The amendment concerning the driving license legislation that was supposed to become effective on 1 February 2011, where a new holder of a Class C1, C, EC1 or EC license was not allowed to drive a Class B or EB vehicle has been amendment again.

Amendment 18 of 1 February 2011 has changed the legislation back to the position that applied before 1 February 2011 and new Class C1, C, EC1 or EC holders of licenses may drive Class B or EB vehicles respectively.

The gazette also corrected an error in regulation 138(1)(j) – the word “roadworthy” was replaced with the word “unroadworthy”.

NATIONAL SKILLS DEVELOPMENT STRATEGY NSDS III

The new national skills development strategy (NSDSIII) was launched on the 13 January at a press briefing by the Minister of Higher Education and Training. The strategy is a departure from previous strategies in that it attempts to address the short comings in skills development and how they can be overcome rather, as in the past, an exercise in target setting.

EXTENSION OF DEADLINE FOR CIPRO RETURNS

Pursuant to a media release issued on 25 January regarding extension of office hours for submission of annual returns, the deadline for submission of annual returns has been reviewed and the last date for submission is 21 February.

Each company and close corporation has a statutory duty to lodge and pay annual returns with CIPRO every year, failure of which will result in the company or close corporation incurring a penalty for late lodgement and finally deregistered. CIPRO uses annual returns to confirm whether a company or close corporation is still doing business and to update its records of the latest information.

The extended office hours of the CIPRO Cape Town and Pretoria offices until 18h00 on weekdays will also continue until 21 February, only for submission of annual returns.

To assist in confirming a company’s or close corporation’s status, CIPRO has published the lists of non compliant companies and close corporations on its website under: News and Events/Information Library/CIPRO Publications:

http://www.cipro.gov.za/info_library/cip_pub.asp.

This list may be saved locally to a customer’s PC and searched through by using the “CTRL F” function. Any queries regarding annual returns or restorations can be addressed to annualreturns@cipro.gov.za or the call centre at 086 184 3384.

TRADING OF DANGEROUS GOODS

SANS 10232-3, Transport of Dangerous Goods – emergency information systems is now open for public comment. Closing date 30 March.

World on the Mend: “EMs Outperform, G7 Improving” Business Monitor International www.businessmonitor.com examines how the growth differential between developed and emerging economies (EMs) will narrow in 2011.

The Top 10 Global Fine Chemicals Companies. Business Insight. The report analyses the fine chemicals market in terms of market size, profitability, trends, competitive position of the leading 10 players and brief overview of the major players. Go to www.research-store.com/smartbrief/Product/the_top_10_global_fine_chemicals_co.za

National Road Traffic Act 1996 (Act No.93)

The Department of Transport has posted a schedule of Approved Dangerous Goods Training Bodies in terms of regulation 280(1) of the National Road Traffic Regulation, 2000. Notice 66 in Gazette No. 33992 dated 4 February 2011.

National Environmental Management Act, 107 of 1998

The Minister of Water and Environmental Affairs has extended the period of submission of comments on the draft amendment to the Environmental Impact Assessment Regulations 2010, and the Listing Notices, until 8 March 2011. Notice 46 in Gazette No. 33954 dated 28 January 2011.

SANS Standards

The following revised standards have been published by the SABS:

SANS 10087-4, The handling, storage, distribution and maintenance of liquefied petroleum gas in domestic, commercial and industrial installations Part 4: The transportation of LP gas including the design, construction, inspection, fittings, filling, and repair of LP gas bulk vehicles and rail tank cars.
SANS 10400-D, The application of the National Building Regulations Part D: Public Safety
SANS 10400-G, The application of the National Building Regulations Part G: Excavations
SANS 10400-O, The application of the National Building Regulations Part O: Lighting and ventilation
SANS 60335-1: Household and similar electrical appliances – Safety Part 1: General requirements
SANS 60598-2-10, Luminaires Part 2-20: Particular requirements – Lighting chains

Should you require further information, please contact:

SABS Information Services,

Tel: 012 428 6666; info@sabs.co.za

Standards Sales at the SABS,

Tel: 012 428 6883, sales@sabs.co.za

The standards can also be downloaded directly from the secure standards Webstore:

http://www.sabs.co.za/index.php?page=

standardspurchase) on entry of a credit card number.

CIPRO TRANSFORMS

A new commission will be put in place to deliver against the new Companies Act mandate which comes into effect in April 2011. The new commission will combine the Office of Companies and Intellectual Property Enforcement (OCIPE) and Companies and Intellectual Property Registration Office (CIPRO).

The Act provides for the transformation of CIPRO Into a newly established independent organ of state, with significantly expanded functions and powers, to be known as the Companies and Intellectual Property Commission (Companies Commission). Administrative functions currently assigned to the Minister under the Companies Act, are to be de-politicised and placed within the jurisdiction of the Commission. The Commission will therefore act as a public service and will be lead by a commissioner and deputy commissioner.

The following are the main objectives of the new commission

Registration of companies, external companies and co-operatives
Registration of intellectual property rights
Maintenance of information on its registers
Promotion of education and awareness of company and intellectual property law
Promotion of compliance with relevant legislation
Efficient and effective enforcement of all relevant legislation

The Act also introduces a number of new responsibilities, which CIPRO currently do not perform, but will be performed by the new commission. These include:

Enforcement of the Act – pro-active enforcement measures by way of compliance notices served on defaulting companies.
Investigations – investigation of all complaints and contraventions of the Act.
Inspections – proactively investigate the affairs of companies.
Dispute resolution – promote dispute resolution through the Companies Tribunal or any other similar accredited agency.
Reporting and research – report to and advise the Minister on matters of national policy relating to company and intellectual property law and continuously review all relevant legislation, regulations and financial reporting standards.
Public education – promote public awareness of company and intellectual property law matters.

It should be noted that new close corporations will not be registered after the act becomes enforceable, but that those existing on the Close Corporations Register, prior to the implementation date of the Act, will be maintained.