Export Control: Ferrous and Non Ferrous Waste and Scrap

INDEX

statistics – cpi june & July 2013

EXPORT CONTROL: FERROUS AND NON FERROUS WASTE AND SCRAP

PROPERTY AND DEVELOPMENT

JSE LISTING REQUIREMENTS: AMENDMENT

Announcements regarding listing requirements

PROPERTY : MUNICIPAL PROPERTY RATES AMENDMENT BILL 2013

DOMESTIC LAWS : SEXUAL OFFENCES POLICY

long term insurance act- revised fees

STANDARDS: TRADE METROLOGY BILL

COMPANIES- AMENDMENT OF COMPANIES ACT, 2008

ENVIRONMENTAL BILLS: CALL FOR COMMENT

statistics – cpi june & July 2013

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KEY WORDS

STATISTICS SOUTH AFRICA

IN A NUTSHELL

THE HEAD: STATISTICS SOUTH AFRICA notifies for general information that the Consumer Price Index is as follows:

Consumer Price Index, Rate (Base Dec 2012 = 100)

Rate:June 2013: 5,5.

(2 August 2013)

THE HEAD: STATISTICS SOUTH AFRICA notifies for general information that the Consumer Price Index is as follows:

Consumer Price Index, Rate (Base Dec 2012 = 100)

Rate:July 2013—6,3

(30 August 2013)

REFERENCE

NOTICE 784 OF 2013 & NOTICE 880 OF 2013

STATISTICS SOUTH AFRICA

APPLIES TO, IMPACT & ACTION

PUBLISHED FOR INTEREST ONLY

LINKS

CONSUMER PRICE INDEX 2012-2013

EXPORT CONTROL: FERROUS AND NON FERROUS WASTE AND SCRAP

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NO. R. 5432 AUGUST 2013 (GOVERNMENT GAZETTE 36708)

INTERNATIONAL TRADE ADMINISTRATION COMMISSION OF SOUTH AFRICA

EXPORT CONTROL

EXPORT CONTROL GUIDELINES ON THE EXPORTATION OF FERROUS AND NON-FERROUS WASTE AND SCRAP.

IN A NUTSHELL

Export Control- THE LOW DOWN

Export Control Guidelines on the Exportation of Ferrous and Non-Ferrous Waste and Scrap.

1.The Minister of Economic Development issued a trade policy directive in terms of Section 5 of the International Trade Administration Act, 71 of 2002 (the Act) that the International Trade Administration Commission of South Africa (ITAC) exercise its powers under the Act to regulate the exportation of ferrous and non-ferrous waste and scrap by not allowing the exportation of ferrous and non-ferrous waste and scrap (hereinafter collectively referred to as scrap metal) unless it has first been offered, for local beneficiation, to domestic consumers of scrap metal, i.e. foundries, mills, mini-mills or secondary scrap processors, for a period determined by ITAC and at a price discount or other formula determined by ITAC.

2.ITAC must ensure that the type and quality of scrap metal intended for export is accurately reflected on applications for export permits and that all permit applications are accompanied by a letter or certificate by a metallurgical engineer or an otherwise suitably qualified person, confirming the type, quality and quantity of scrap available for export, as well as information as to when and where such scrap metal may be inspected by prospective buyers (who are the domestic consumers referred to in 1 above).

3.In accordance with the trade policy directive, the scrap metal is categorised as follows:

Description of goods / Tariff heading
Ferrous waste and scrap, re-melting scrap ingots of iron or steel / 72.04
Copper and brass waste and scrap / 7404.00
Nickel waste and scrap / 7503.00
Aluminium waste and scrap / 7602.00
Lead waste and scrap / 7802.00
Zinc waste and scrap / 7902.00
Tin waste and scrap / 8002.00
Tungsten (Wolfram) waste and scrap / 81.01
Molybdenum waste and scrap / 81.02
Tantalum waste and scrap / 81.03
Magnesium waste and scrap / 8104.20
Cadmium and articles thereof, including waste / 81.07
and scrap.
Antimony waste and scrap / 8110.00
Manganese waste and scrap / 8111.00
Beryllium, chromium, germanium, vanadium, gallium, hafnium, indium, niobium (columbium) waste and scrap. / 81.12

In accordance with the International Trade Administration Commission of South Africa's Report on the Price Preference System for Ferrous and Non- Ferrous Waste and Scrap: Report No.441, scrap metal will be allowed to be exported only if the scrap metal concerned was offered to domestic consumers at a price that is 20% below international spot prices for the published types and grades of scrap metal.

4.The price preference at which the scrap metal must be sold to the local consuming industry will be calculated as follows:

Preference calculations will be done by ITAC for scrap metal with regard to all the different types and grades using the Spot Market Reports available from Scrap Index.com. From the average price achieved during the previous month for the different types and grades of scrap metal as reflected in theScrapIndex.comspot market price, an amount of 20% will be deducted to reflect the price to be paid by the local consuming industry.

Calculations will be done at the end of each month and published monthly, after such calculation, on the ITAC web site as the preferential discount price at which the specific type and grade of scrap metal is to be offered to domestic consumers during the next month.

5.A technical Working Group consisting of one representative of the Metal Recyclers Association, the South African Iron and Steel Institute, the Institute of Foundry-men, the Aluminium Federation of SA, Copalcor, the Recyclers Association of SA, any other applicable industry representative organization, and ITAC, may meet as and when required to discuss issues specific to the administration of the price preference system.

6.Applications for export permits must be submitted to ITAC twice.

7.Applications must reach ITAC by 12h00 on the Tuesday prior to the Wednesday circulation and by 12h00 on the Thursday prior to the Friday circulation. Applications received after the cut-off date and time will stand over until the next circulation.

8.Before the end of a circulation period of 15 working days, a buyer of the scrap metal must submit a signed copy of the agreement reached between it and the export permit applicant, to ITAC. The agreement must,inter alia,specify the volume to be purchased. (As an example, if an application is circulated on Friday, 1 November 2013, an agreement must reach ITAC on or before Friday, 22 November 2013.)

9.The agreement signed between the buyer and seller (permit applicant) must reflect the circulation number as well as all relevant information enabling ITAC to link the signed agreement to the originally circulated application.

10.The volume in the original application will be reduced by ITAC in line with the volume (kg) purchased by a domestic consumer. The export permit will be issued within 3 working days after the end of the applicable circulation period. If the entire volume for which an export permit was applied was sold to a domestic consumer, the permit application will be filed for record purposes.

11.As indicated in 1 above, only foundries, mills, mini-mills and secondary scrap processors will be allowed to buy the scrap metal reflected in the circulars and the scrap metal bought will be for local consumption only.

12.If, at the end of a circulation period, no agreement for the purchase of scrap metal is received by ITAC, export permit/s applied for will be issued within 3 working days after the applicable circulation period has lapsed.

13.Where an agreement is reached to purchase a portion of the scrap metal for which an export permit was applied for and this agreement is reached before the end of the circulation period, an export permit for the remaining balance as applied for, will be issued within 3 days after the end of the circulation period.

14.In the event of more than one domestic consumer being interested in purchasing the scrap metal for which an export permit was applied for, it will be up the parties to reach an agreement with regard to which domestic consumer will purchase the scrap metal or whether both parties buy a portion thereof. The outcome of the agreement reached between the parties must be submitted to ITAC in the form of a signed agreement ( as referred to in 8 above)

15.Agreements to purchase scrap metal must be reached prior to the end of the circulation period.

16.All new entrant applicants will be subject to an ITAC verification inspection before the application for an export permit is circulated to the various industry representative organisations.

17.Form IE363 "Application for an export permit to export scrap metal" must be duly completed.The application form must contain the full description and customs tariff heading of the scrap metal to be exported including the Institute of Scrap Recycling Industries (ISRI) number applicable to the scrap metal to be exported.Proof of registration in terms of the Second-Hand Goods Act must also accompany all new entrant applications or any application where such registration has expired.

18.The price preference system for the exportation of scrap metal will enter into operation on 16 September 2013.

19.All export permits issued for the exportation of scrap metal from the date of publication of this Notice until the price preference system enters into force will be valid for a period of 1 month.

20.Volumes reflected in export permit applications received from the date of publication of this notice until the price preference system enters into force will be closely monitored.

21.ITAC will exempt affected exports from these requirements to the extent that application of these requirements would be in conflict with South Africa's obligations under an existing trade agreement. The guidelines will be applied and implemented in such a manner that they are consistent with any binding trade agreement.

REFERENCE

NO. R. 5432 AUGUST 2013 (GOVERNMENT GAZETTE 36708)

INTERNATIONAL TRADE ADMINISTRATION COMMISSION OF SOUTH AFRICA

EXPORT CONTROL GUIDELINES ON THE EXPORTATION OF FERROUS AND NON-FERROUS WASTE AND SCRAP.

APPLIES TO IMPACT & ACTION

Applies to

a)anyone who is desirous of exporting ferrous and non-ferrous waste and scrap

b)domestic consumers of scrap metal, i.e. foundries, mills, mini-mills or secondary scrap processors.

Impact and Action

Any one who wants to export ferrous and non-ferrous waste and scrap must first offer it to the local market (domestic consumers of scrap metal) including foundries, mills, mini-mills or secondary scrap processors, and at a price discount or other formula determined by ITAC.

If the offer is not taken up by the local market then the seller must apply for an export permit, which must must be submitted to ITAC

PROPERTY AND DEVELOPMENT

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Spatial Planning and Land Use Management Act, 2013

IN A NUTSHELL

Take note that the President has assented to Act No. 16 of 2013: Spatial Planning and Land Use Management Act, 2013

The Act seeks to provide:

a frameworkfor spatial planning and land use management in the Republic;
to specify the relationshipbetween the spatial planning and the land use management system and other kindsof planning;
to provide for the inclusive, developmental, equitable, andefficient spatial planning at the different spheres of the Government;
toprovide a framework for the monitoring, coordination and review of the spatialplanning and land use management system;
to allow for policies, principles,norms and standards for spatial development planning and land use management;
to address past spatial and regulatory imbalances; to promote greaterconsistency and uniformity in the application procedures and decision-making byauthorities responsible for land use decisions and development applications;
toprovide for the establishment, functions and operations of Municipal PlanningTribunals;
to provide for the facilitation and enforcement of land use anddevelopment measures; and
to provide for matters connected therewith.

REFERENCE

No. 5595 August 2013

Act No. 16 of 2013: Spatial Planning and Land Use Management Act, 2013

APPLIES TO, IMPACT & ACTION

PUBLISHED FOR INTEREST ONLY

LINKS

SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013

JSE LISTING REQUIREMENTS: AMENDMENT

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KEY WORDS

PROPOSED AMENDMENTS TO JSE LISTING REQUIREMENTS

IN A NUTSHELL

I Dube Phineas Tshidi, Registrar of Securities Services, hereby give notice under section 11(6)(d) of the Financial Markets Act 19 of 2012 that the proposed amendments to the JSE Listing Requirements have been approved.

REFERENCE

BOARD NOTICE 188 OF 2013

FINANCIAL SERVICES BOARD

FINANCIAL MARKETS ACT NO. 19 OF 2012

PROPOSED AMENDMENTS TO JSE LISTING REQUIREMENTS

APPLIES TO

Applies to: Listed companies

LINKS

Please be advised that the Listing Requirements as amended are available on the official website of the Financial Services Board( and on the website of the market infrastructure, the JSE Limited ( The amendment comes into operation onMonday, 7 October 2013.

Announcements regarding listing requirements

September 2013 – The JSE issued aguidance letterregarding the application of IFRS 2 to share incentive schemes.

September 2013 – The JSE made anannouncementregarding amendments to the JSE Listings Requirements relating to the requirements for general issue for cash inBulletin 5 of 2013.

August 2013 – The JSE made anannouncementregarding the proposed requirements forHybrid Financial Instrumentsand invites comment thereon by Friday, 20 September 2013.

August 2013 - The JSE made anannouncementregarding Circular 2/2013 – Headline Earnings

June 2013 - The JSE issued aguidance letterregarding integrated reporting.

June 2013 – The JSE issued aguidance letterregarding reporting of restatements of financial results.

May 2013 - The JSE made anannouncementregarding proposed amendments to the Listings Requirements in respect ofthe general issue for cash authorityand invites comment thereon by Friday, 28 June 2013.

May 2013 – The JSE made anannouncementregarding amendments to the Listings Requirements relating to the auditor’s report which are contained inBulletin 4 of 2013. The marked-upamendmentsare attached for ease of reference.

March 2013 – The JSE made anannouncementregarding amendments to the Listing Requirements relating to REIT's which are contained inBulletin 3 of 2013.

March 2013 – Lexis Nexis has publishedService Issue 16in a hard copy.

March 2013 – The JSE issued aguidance letterregarding the requirements for a general issue of shares for cash.

March 2013 – The JSE issued aguidance letterregarding the accreditation of new auditors and reporting accountant specialists.

March 2013 – The JSE issued aletterregarding the listing of debt securities on the JSE.

March 2013 – The JSE made anannouncementregarding amendments to the Listings Requirements relating to special propose acquisition companies which are contained inBulletin 2 of 2013.

February 2013 - The JSE made anannouncementregarding proposed amendments to the Listings Requirements forvarious matters relating to the auditor’s reportand invites comment thereon by 25 March 2013.

February 2013 - The JSE made anannouncementregarding the publication of a Report Back onProactive Monitoringof Financial Statements in 2012.

February 2013 – The JSE has issuedBulletin 1 of 2013regarding certain omitted wording in paragraph 12.8 of the JSE Listings Requirements.

January 2013 – The JSE issued aguidance letteron corporate governance as supported by the guidance letters issued by the Instituted of Directors in Southern Africa, being (i)King III Reporting in terms of the JSE Listings Requirementsand (ii)Retirement by Rotation of Executive Directors.

January 2013 – The JSE made anannouncementregarding proposed amendments to the Listings Requirements in relation tothe creation of a new type of listed companyand invites comment thereon by 22 February 2013.

2012

PROPERTY : MUNICIPAL PROPERTY RATES AMENDMENT BILL 2013

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PUBLICATION OF EXPLANATORY SUMMARY OF THE LOCAL GOVERNMENT: MUNICIPAL PROPERTY RATES AMENDMENT BILL, 2013

IN A NUTSHELL

Take note that the Minister of Cooperative Governance and Traditional Affairs intends to introduce the Local Government: Municipal Property Rates Amendment Bill, 2013, in the National Assembly shortly.

An explanatory summary of the Bill is detailed below:

The Bill makes provision for the amendment of the Local Government: Municipal Property Rates Act, 2004,

so as to insert, amend or delete certain definitions;

to delete the provisions dealing with district management areas;

to provide that a rates policy must determine criteria for not only the increase but also for the decrease of rates;

to provide that by-laws giving effect to a rates policy must be published in terms of the Municipal Systems Act;

to further regulate the categories of property in respect of which rates may be levied;

to regulate the timeframe of publication of the resolutions levying rates and what must be contained in the promulgated resolution;

to expand on the properties that a municipality may grant exemptions, rebates and reductions to;

to limit the period within which the Minister may be requested to decide whether a rate is unreasonably prejudicing any of the matters listed in section 16(1);

to provide for the Minister to make a decision in terms of section 16(2) with the concurrence of the Minister of Finance;

to provide for the exclusion from rates of certain categories of public service infrastructure as well as mining rights or mining permits, to provide that infrastructure above the surface in respect of mining property is rateable and the rates are payable by the holder of the mining right or mining permit;

to provide that the exclusion from rates in respect of land belonging to a land reform beneficiary is extended to the spouse and dependants;

to provide that an exclusion from rates in respect of the seashore lapses if any part thereof isalienated;

to provide that a municipality may levy different rates on vacant property; to provide that a municipality may not recover rates in respect of a right of exclusive use registered against a sectional title unit from the body corporate; to provide that a person liable for a rate must furnish the municipality with his or her postal address;

to provide that municipalities are not required to value properties excluded from rates;

toprovide for the period of validity of a valuation roll to be five years;

to provide for the MEC for local government to extend the period of validity of valuation rolls by two additional years;

to provide that a body corporate is required to provide information to a valuer;

to provide that a mining right or a mining permit may not be considered in determining the market value of property;

to delete the requirement for the payment of interest in specific instances;

to delete the requirement for the establishment of a valuation appeal board in every district municipality;

to provide for an appeal board to include a professional associated valuer without restrictions and with a minimum of ten years experience;

to amend the quorum of an appeals board to include the valuer member of the Valuation Appeal Board;

to amend the dates on which a supplementary valuation takes effect; to provide for the notification of owners of property affected by a supplementary valuation;

to limit condonation by the MEC for local government through the framework to municipalities only;

to provide for more effective monitoring and reporting by municipalities and provinces on critical areas of the implementation of the Act;

to extend the Minister's regulatory powers;

to provide for the phasing in of certain regulations;

to provide for the phasing in of the prohibition on the levying of rates on certain types of public service infrastructure;

to provide for transitional arrangements in respect of municipalities that have been affected by a redetermination of municipal boundaries; and

to provide for matters connected therewith.

REFERENCE