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This is Topic: General
Following are the News Items published under this Topic.



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Previous Law Updates: National Environmental Management Act 107 of 1998
Posted by: CCI on Monday, October 19, 2009 - 11:51
General The Minister of Water and Environmental Affairs determined 11 September 2009 as the date o­n which the National Environment Laws Amendment Act, 44 of 2008 (NELAA) came into operation. The NELAA amended the NEMA by:

- Clarifying an uncertainty in the NEMA concerning certain definitions;
- Authorising the Minister of Water Affairs and Forestry to designate persons as environmental management inspectors;
- Providing for environmental management inspectors to be regarded as peace officers as contemplated in the Criminal Procedure Act, 1977; and
- Providing for a penalty for the offence of failing to comply with a compliance notice in terms of section 31N of the NEMA.

See Government Notice 902 of Government Gazette No. 32563 of 11 September 2009.

The Minister of Water and Environmental Affairs determined 18 September 2009 as the date o­n which the National Environmental Laws Amendment Act, 14 of 2009 (AA) came into operation, except for sections 39 and 44. The AA amended the NEMA by:

- Deleting certain definitions;
- Providing for the establishment of fora or advisory committees;
- Making provision for increased powers of the courts;
- Removing the requirement that Environmental Management Inspectors must carry notices of designation with them;
- Extending the scope of routine inspections to the search of vehicles; and
- Regulating the jurisdiction of magistrate's courts in instances where the maximum fines have been increased.

See Government Notice 65 of Government Gazette No. 32580 of 18 September 2009.


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Previous Law Updates: Environment Conservation Act 73 of 1989
Posted by: CCI on Monday, October 19, 2009 - 11:44
General The Minister of Water and Environmental Affairs determined 11 September 2009 as the date o­n which the National Environment Laws Amendment Act, 44 of 2008 (NELAA) came into operation. The NELAA amended the ECA by:

- Rectifying certain incorrect references in section 29 of the ECA.

See Government Notice 902 of Government Gazette No. 32563 of 11 September 2009.

The Minister of Water and Environmental Affairs determined 18 September 2009 as the date o­n which the National Environmental Laws Amendment Act, 14 of 2009 (AA) came into operation, except for sections 39 and 44. The AA amended the ECA by:

- Adjusting the penalties provided for in the ECA; and
- Removing the need to publish directions in the Gazette.

See Government Notice 65 of Government Gazette No. 32580 of 18 September 2009.



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Previous Law Updates: National Environmental Management Act 107 of 1998
Posted by: CCI on Thursday, August 20, 2009 - 01:46
General
The Acting Minister of Water and Environmental Affairs, amended the list of activities identified under section 24 of this Act, as listed in the Notice Nos. 386 and 387. The amendments are in respect of waste-related activities to the extent set out in the Schedule to the Notice. The notice will be effective from the date of publication thereof. See Government Notice 719 of Government Gazette No. 32369 of 3 July 2009 for more detailed information o­n the amendments to the listed activities.


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Commentary and Papers: NORMS AND STANDARDS IN RECENT SOUTH AFRICAN ENVIRONMENTAL LEGISLATION
Posted by: CCI on Monday, July 20, 2009 - 11:33
General A recurring feature of South Africa's national environmental management legislation is the delegation of lawmaking powers to the Minister (including the possibility for further delegation to Provincial Ministers). Such delegated lawmaking powers enables the Minister to give effect to and to flesh out the original legislation and are a common and expected feature of primary legislation (also known as enabling or original legislation).

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Commentary and Papers: A COMPARATIVE ASSESSMENT OF THE ELECTRICAL INSTALLATION REGULATIONS, 2009
Posted by: CCI on Monday, May 18, 2009 - 12:10
General The new Electrical Installation Regulations were promulgated in terms of the Occupational Health and Safety Act 85 of 1993 in Government Notice No. 242 of 6 March 2009 ("the New Regulations"). These Regulations repeal the Electrical Installation Regulations, 1992, promulgated in Government Notice R. 2920 of 23 October 1992 ("the Old Regulations"). The new Regulations came into effect o­n 1 May 2009, save for regulation 5(6) which will o­nly come into effect o­n 1 April 2010.

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Previous Law Updates: Nature Conservation Ordinance 12 of 1983
Posted by: CCI on Monday, May 18, 2009 - 11:28
General The Member of the Executive Council responsible for agriculture in the Gauteng Province declared the periods mentioned in the Schedule to the Notice, to be open season to hunt in accordance with the Notice. See Provincial Notice No. 1188 of Provincial Gazette No. 76 of 1 April 2009.

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Previous Law Updates: Sea Fishery Act 12 of 1988
Posted by: CCI on Monday, May 18, 2009 - 11:02
General
The Minister of Environmental Affairs and Tourism has imposed levies o­n fish and fish products as set out in the Schedule to the Notice. See Government Notice No. 398 of Government Gazette No. 32157 of 30 April 2009.


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Previous Law Updates: National Environmental Management Amendment Act 62 of 2008
Posted by: CCI on Monday, May 18, 2009 - 10:56
General The President determined 1 May 2009 as the date o­n which this Act shall come into operation. This Act amends the National Environmental Management Act, 1998, by inserting certain definitions and by substituting others; by further regulating environmental authorisations; by empowering the Minister of Minerals and Energy to implement environmental matters in terms of the National Environmental Management Act, 1998, in so far as it relates to prospecting, mining, exploration, production or related activities o­n a prospecting, mining, exploration or production area; by aligning environmental requirements in the Mineral and Petroleum Resources Development Act, 2002, with the National Environmental Management Act, 1998, by providing for the use of o­ne environmental system and by providing for environmental management programmes, consultation with State departments, exemptions from certain provisions of the National Environmental Management Act, 1998, financial provision for the remediation of environmental damage, the management of residue stockpiles and residue deposits, the recovering of cost in the event of urgent remedial measures and the issuing of closing certificates as it relates to the conditions of the environmental authorisation; by effecting certain textual alterations; and by providing for matters connected therewith. See Government Notice No. 27 of Government Gazette No. of 32156 of 24 April 2009.

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Commentary and Papers: Unlawful commencement of a listed activity
Posted by: CCI on Friday, November 14, 2008 - 01:19
General In the September/October 2008 issue of the Environmental Management magazine Tandina Charters discusses the rectification of unlawful commencement of listed activities under section 24G of the National Environmental Management Act 107 of 1998.


Follow
this link to read the article.

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Commentary and Papers: Our changing legal environment
Posted by: CCI on Friday, November 14, 2008 - 01:06
General

In the July/August 2008 issue of the Environmental Management magazine James Cross discussed the proposed amendments to various environmental laws including the:

- Atmospheric Pollution Prevention Act (45 of 1965)
- Environmental Conservation Act (73 of 1989)
- National Environmental Management Act (107 of 1998)
- National Environmental Management Protected Areas Act (57 of 2003)
- National Environmental Management Biodiversity Act (10 of 2004)
- National Environmental Management Air Quality Act (39 of 2004)

Follow this link to read the article.



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Previous Law Updates: Promotion of Access to Information Act 2 of 2000
Posted by: CCI on Friday, July 18, 2008 - 09:56
General The Minister for Justice and Constitutional Development published under section 15(2) of the Act, the descriptions submitted in terms of section 15(1) of the Act, by the Manufacturing, Engineering and Related Services SETA. The descriptions are set out in Form D which relates to automatically available records and access to such records. See Government Notice No. 609 of Government Gazette No. 31100 of 6 June 2008.

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Judgements: Judgement Transcripts
Posted by: CCI on Tuesday, July 15, 2008 - 02:07
General
Follow this link for a list of judgement transcripts.

Editorials and legal commentaries by CCI o­n various judgements and other matters can be found
here.

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Previous Law Updates: The Standards Act, 29 of 1993
Posted by: CCI on Friday, June 20, 2008 - 11:07
General The Minister of Trade and Industry, in terms of section 37 of the Act, amended the regulations relating to the payment of levy and the issue of sales permits in regard to compulsory specifications, by deleting the existing tariffs for food products, and the substitution thereof with the tariffs as is set out in the Schedule of the Notice. See Government Notice No. 578 of Government Gazette No. 31084 of 30 May 2008.

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Previous Law Updates: National Building Regulations and Building Standards Act, 103 of 1977
Posted by: CCI on Friday, June 20, 2008 - 11:05
General The Minister of Trade and Industry, in terms of section 17(3) of the Act, has amended the national building regulations and declared the regulations to come into operation o­n 1 October 2008. See Government Notice No. 574 of Government Gazette No. 31084 of 30 May 2008.

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Previous Law Updates: Foodstuffs, Cosmetics and Disinfectants Act, 54 of 1972
Posted by: CCI on Friday, June 20, 2008 - 11:01
General The Minister of Health authorised under section 23(1) of the Act several local authorities as listed in the Notice, to enforce sections 10(3)(b), 11 and 24 of the Act within their area of jurisdiction and through duly authorised officers. See Government Notice No. 557 of Government Gazette No. 31064 of 23 May 2008.

The Minister of Health, in terms of section 15(1) read with section 15(7)(b) of the Act, has amended the regulations relating to the maximum levels of metal in foodstuffs. See Government Notice No. 545 of Government Gazette No. 31065 of 23 May 2008.

The Minister of Health, in terms of section 15(1) of the Act, has amended the regulations governing microbiological standards for foodstuffs and related matters. See Government Notice No. 547 of Government Gazette No. 31065 of 23 May 2008.

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Previous Law Updates: Medicines and Related Substances Act 101 of 1965
Posted by: CCI on Friday, June 20, 2008 - 10:58
General The Registrar of Medicines, acting by virtue of a delegation in terms of section 34A of the Act, excluded, in terms of section 36 of the Act, the medicines listed in the Schedule to the Notice from the operation of the therein listed provisions of the GNR 510 of10 April 2003. See Government Notice No. 587 of Government Gazette No. 31083 of 30 May 2008. 

The Registrar of Medicines, acting by virtue of a delegation in terms of section 34A of the Act, excluded, in terms of section 36 of the Act, the medicines listed in the Schedule to the Notice from the operation of the therein listed provisions of the GNR 510 of10 April 2003. See Government Notice No. 588 of Government Gazette No. 31083 of 30 May 2008.

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Commentary and Papers: National Environmental Management Law Amendment Bill
Posted by: CCI on Friday, June 06, 2008 - 12:17
General
The National Environmental Management Laws Amendment Bill was published in the Government Gazette o­n the 20th of May 2008.The closing date for comments is 30 days from the date of publication.


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Previous Law Updates: Mpumalanga Nature Conservation Act 10 of 1998
Posted by: CCI on Wednesday, March 19, 2008 - 03:07
General The Provincial MEC for Economic Development and Planning, Mpumalanga, determined the different periods for open season regarding ordinary game as set out in the Schedules to Provincial Notice No. 1 of Provincial Gazette No. 1505 of 11 February 2008

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Previous Law Updates: Environment Conservation Act 73 of 1989
Posted by: CCI on Wednesday, March 19, 2008 - 01:35
General The Member of the Executive Council responsible for agriculture, environment and conservation in Gauteng Province determined that the Gauteng Health Care Waste Management Regulations, 2004 came into operation o­n 3 December 2007. See Provincial Notice No. 5324 of Provincial Gazette No. 348 of 3 December 2007. Kindly take further note that the Waste Information Regulations, 2004 referred to in the abovementioned Gauteng Health Care Waste Management Regulations, 2004 commenced o­n 15 September 2004.

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Previous Law Updates: Genetically Modified Organisms Act 15 of 1997
Posted by: CCI on Wednesday, March 19, 2008 - 01:25
General The Minister of Agriculture amended Table 2 of the Regulations concerning fees payable with effect from 1 April 2008. See Government Notice No. 172 of Government Gazette No. 30769 of 15 February 2008 for the amended fees Schedule.

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Previous Law Updates: Agriculture Pests Act 36 of 1983
Posted by: CCI on Wednesday, March 19, 2008 - 01:22
General The Minister of Agriculture acting under section 6 of the Act amended the control measures set out in the Schedule to Government Notice No. 117 of Government Gazette No. 30722 of 8 February 2008. The Minister of Agriculture acting under section 16 of the Act amended the regulations relating to fees payable as set out in the Schedule to Government Notice No. 118 of Government Gazette No. 30722 of 8 February 2008

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Previous Law Updates: Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947
Posted by: CCI on Wednesday, March 19, 2008 - 01:14
General The Minister of Agriculture repealed the Notice relating to the extension of the definition of Farm Feeds to include Farm Feeds prepared for any person in accordance with his direction for his own use as published in the Government Notice No. 1013 of 24 August 2007. This was done in terms of Government Notice No. 83 of Government Gazette No. 30697 of 1 February 2008. The Minister of Agriculture intends to make regulations relating to the registration of fertilizers, farm feeds, agricultural remedies, stock remedies, sterilising plants and pest control operators, appeals and imports. The Minister invited all interested parties to submit any objections to or representations concerning the proposed regulations in writing within four weeks of the date of publication of the notice (1 March 2008). See Government Notice No. 95 of Government Gazette No. 30698 of 1 February 2008

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Previous Law Updates: Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947
Posted by: CCI on Friday, April 20, 2007 - 03:43
General Government Notice No. 250 of Government Gazette No. 29720 of 30 March 2007: The Department of Agriculture, in terms of section 23 of the Act, made the regulations regarding requirements for the registration of Fertilizers as set out in the Schedule incorporated in the Government Notice. The said regulations shall come into effect o­n the date of publication.

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Previous Law Updates: Agricultural Pests Act 36 of 1983
Posted by: CCI on Friday, February 16, 2007 - 10:06
General Government Notice No. 42 in Government Gazette No. 29548 of 26 January 2007: The Minister of Agriculture in terms of Section 16 of the Act made Amendments with regard to certain fees payable. This is an amendment to Table 1 of the Regulations, which amendment has been incorporated in the body of the Act.

Government Notice No. 43 in Government Gazette No. 29548 of 26 January 2007: The Minister of Agriculture under Section 6 of the Act amended the control measures as set out in the Schedule. In this Schedule the prescribe fees as displayed in table 10 of the Control Measures, are substituted in the body of the Act.



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Previous Law Updates: Labour Relations Act 66 of 1995
Posted by: CCI on Friday, February 16, 2007 - 09:55
General Government Notice No. 53 in Government Gazette No. 29563 of 26 January 2007: The Minister of Labour in terms of Section 32(2) of the Act has declared that the Collective Agreement of the Bargaining Council for the Contract Cleaning Industry (Natal) is binding o­n the parties which concluded the agreement in addition to other employers and employees in the industry. The contract is effective from 1st February 2007 and will terminate o­n 28th February 2011.

Government Notice No. 52 in Government Gazette No. 29563 of 26 January 2007: The Executive Manager of Collective Bargaining in terms of Section 23(6)(a)(ii) of the Act declared that Government Notices No. R. 1083 and R.718 will come into effect from 1 March 2007 and will terminate o­n 28 February 2011.

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Previous Law Updates: Standards Act 29 of 1993
Posted by: CCI on Monday, January 15, 2007 - 04:36
General Government Notice No. 1223 in Government Gazette No. 29433 of 8 December 2006: The Council of the South African Bureau of Standards has acted in regard to standards in the manner set out in the Schedules in that all South African standards that were previously published by the South African Bureau of Standards with the prefix "SABS" have been redesigned as South African national standards and are now published by Standards South Africa (a division of SABS) with the prefix "SANS".Government Notice No. 1272 in Government Gazette No. 29457 of 15 December 2006: The Council of the South African Bureau of Standards has acted in regard to standards in the manner set out in the Schedules in that all South African standards that were previously published by the South African Bureau of Standards with the prefix "SABS" have been redesigned as South African national standards and are now published by Standards South Africa (a division of SABS) with the prefix "SANS".

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Previous Law Updates: Labour Relations Act 66 of 1995
Posted by: CCI on Monday, January 15, 2007 - 04:14
General Government Notice No. 1769 in Government Gazette No. 29412 of 1 December 2006: The Registrar of Labour Relations has in terms of sections 106 (2) and 106 (2A) of the Act cancelled the registration of Progressive Workers Union of South Africa with effect from 16 November 2006.

Regulation 8595 of Government Notice No. 1219 in Government Gazette No. 29434 of 8 December 2006: The Minister of Labour had declared in terms of section 32(2) of the Act that the Collective Agreement which appears in the Schedule, concluded in the Bargaining Council for the Furniture Manufacturing Industry KwaZulu-Natal binds all other employers and employees in that Industry, with effect from 18 December 2006 and for the period ending 30 June 2010.

Regulation 8595 of Government Notice No. 1220 in Government Gazette No. 29434 of 8 December 2006: The Minister of Labour had declared in terms of section 32(2) of the Act that the Collective Agreement which appears in the Schedule, concluded in the Hairdressing and Cosmetology Services Bargaining Council binds all other employers and employees in that Industry, with effect from 11 December 2006, and for the period ending 31 December 2007.

Regulation 8595 of Government Notice No. 1230 in Government Gazette No. 29434 of 8 December 2006: The Notice made a correction as set out in the Notice, to Government Notice No. R. 1077 appearing in Government Gazette No. 29332 of 3 November 2006 with regard to National Bargaining Council for the Clothing Manufacturing Industry.

Regulation 8595 of Government Notice No. 1231 in Government Gazette No. 29434 of 8 December 2006: The Notice made a correction as set out in the Schedule, to Government Notice No. R. 1081 appearing in Government Gazette No. 29332 of 3 November 2006 with regard to National Bargaining Council for the Clothing Manufacturing Industry.

Regulation 8595 of Government Notice No. 1232 in Government Gazette No. 29434 of 8 December 2006: The Notice made a correction as set out in the Notice, to Government Notice No. R. 1079 appearing in Government Gazette No. 29332 of 3 November 2006 with regard to National Bargaining Council for the Clothing Manufacturing Industry.

Government Notice No. 1792 in Government Gazette No. 29457 of 15 December 2006: The Essential Services Committee hereby gives notice under section 71 (8) of the Act that the services at all airports in South Africa as set out in the Notice been designated as essential services.

Government Notice No. 1797 in Government Gazette No. 29457 of 15 December 2006: The Registrar of Labour Relations has in terms of section 109 (2) of the Act notified that South African Airways Management Association (S.A.A.M.A.) has been registered as a trade union with effect from 4 December 2006.

Regulation 8605 of Government Notice No. 1269 in Government Gazette No. 29458 of 15 December 2006: The Minister of Labour had declared in terms of section 32(2) of the Act that the Collective Agreement which appears in the Schedule, concluded in the National Bargaining Council of the Leather Industry of South Africa, binds all other employers and employees in that Industry, with effect from 18 December 2006, and for the period ending 30 June 2007.

Regulation 1270 of Government Notice No. 1270 in Government Gazette No. 29458 of 15 December 2006: In terms of Section 32 (6)(a)(1) of the Act, the Notice extends the periods of Bargaining Council for the Fishing Industry Main Collective Agreement as stated in Government Notices R. 337 of 13 April 2006 and R.608 of 23 June 2006 by a further period ending 30 March 2007.

Regulation 8605 of Government Notice No. 1271 in Government Gazette No. 29458 of 15 December 2006: In terms of Section 32 (6) (a)(ii) of the Act, the Executive Manager of the Metal and Engineering Industries Bargaining Council declares the provisions of Government Notice No. R. 251 of 24 March 2006, to be effective from the date of publication of the notice and for the period ending 20 November 2011.

Regulation 8605 of Government Notice No. 1281 in Government Gazette No. 29458 of 15 December 2006: The Minister of Labour had declared in terms of section 32(2) of the Act that the collective amending agreement which appears in the Schedule, concluded in the Bargaining Council of the Furniture Manufacturing Industry, KwaZulu-Natal, binds all other employers and employees in that Industry, with effect from 25 December 2006, and for the period ending 31 July 2011.

Government Notice No. 1834 in Government Gazette No. 29481 of 22 December 2006: The Registrar of Labour Relations has in terms of section 106 (2B) of the Act cancelled the registration of Siyathuthuka Workers Union.

Regulation 8609 of Government Notice No. 1286 in Government Gazette No. 29486 of 15 December 2006: In terms of Section 32 (6) (a)(ii) of the Act, the Executive Manager of the Metal and Engineering Industries Bargaining Council declares the provisions of Government Notice No. R. 251 of 24 March 2006, to be effective from the date of publication of this notice and for the period ending 20 November 2011.

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Previous Law Updates: Standards Act 29 of 1993
Posted by: CCI on Friday, December 15, 2006 - 03:23
General Government Notice No. 1154 in Government Gazette No. 29397 of 24 November 2006: The Council of the South African Bureau of Standards has in terms of this Act acted in regard to the standards set out in the manner set out in the Schedule to the Notice, by issuing of new standards as reflected therein.

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Previous Law Updates: Mineral and Petroleum Resources Development Act 28 of 2002
Posted by: CCI on Friday, December 15, 2006 - 03:16
General Government Notice No. 1203 in Government Gazette No. 29431 of 29 November 2006: The Minister of Minerals and Energy has made amendments, published in the Schedule to the Notice, to the Regulations promulgated in Government Notice No. R 527 of 23 April 2004 (as amended) in respect of claims for compensation for expropriation of land, with effect from the date of publication of this Notice.

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Previous Law Updates: Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947
Posted by: CCI on Friday, December 15, 2006 - 03:02
General Government Notice No. 1086 in Government Gazette No. 29332 of 3 November 2006: The Minister of Agriculture had published Regulations relating to Sterilizing Plants in terms of section 23 of the Act in the Schedule to the said Notice.Government Notice No. 1087 in Government Gazette No. 29332 of 3 November 2006: The Minister of Agriculture has published Regulations relating to Farm Feeds in terms of section 23 of the Act in the Schedule to the said Notice. Government Notice No. 1108 in Government Gazette No. 29360 of 3 November 2006: This is the publication of a correction notice in respect of the substitution of the table set out in the notice for Annexure "1" to the Regulations pertaining to Sterilizing Plants published in GNR 1086 of 3 November 2006.Government Notice No. 1109 in Government Gazette No. 29360 of 3 November 2006: This is the publication of a correction notice in respect of the substitution of certain text and certain tables set out in the notice for those previously in the Regulations pertaining to Sterilizing Plants published in GNR 1087 of 3 November 2006. Government Notice No. 1125 in Government Gazette No. 29367 of 7 November 2006: This is the publication of a correction notice in respect of the title to the index of Government Notice No. R 956 in Government Gazette No. 29241 of 29 September 2006 with regard to the Regulations regarding Stock Remedies. Government Notice No. 1126 in Government Gazette No. 29367 of 7 November 2006: This is the publication of a correction notice in respect of the substitution of certain text published in Government Notice No. 1360 in Government Gazette No. 29224 of 22 September 2006 with regard to the Prohibition o­n the acquisition, disposal or use of certain farm feeds.

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