Genetically Modified Organisms Act, 1997 (Act No. 15 of 1997)17. Determination of risks and liability |
| (1) | Users shall ensure that appropriate measures are taken to avoid an adverse impact on the environment and human and animal health which may arise from the use of genetically modified organisms. |
[Section 17(1) substituted by section 11 of Act No. 23 of 2006]
| (1A) | In the event of damage, a user shall immediately inform the registrar of the damage and in consultation with the registrar investigate, assess and evaluate the damage caused by the activity on the environment and human and animal health and implement measures including but not limited to— |
| (a) | cease, modify or control any act, activity or process causing the damage; |
| (b) | minimise, contain or prevent the movement of any genetically modified organisms causing the damage in the event that an activity cannot reasonably be avoided or stopped; |
| (c) | eliminate any source of the damage; or |
| (d) | remedy the effects of the damage caused by the activity. |
[Section 17(1A) inserted by section 11 of Act No. 23 of 2006]
| (2) | The liability for damage caused by activities relating to a genetically modified organism shall be borne by the user concerned: Provided that when such an organism was in the possession of an inspector as set out in section 15(4), the user concerned at the time of such activity shall not be held liable for any damage unless such user foresaw or should have foreseen such damage and could or should have prevented the damage but failed to take reasonable action to prevent such damage. |
[Section 17(2) substituted by section 11 of Act No. 23 of 2006]
| (3) | If a person fails or inadequately implements the measures contemplated in subsection (1A), the Council may take any reasonable measures to remedy the situation. |
[Section 17(3) substituted by section 11 of Act No. 23 of 2006]