| (a) | where an applicant applies in the prescribed manner for a permit to conduct activities in respect of genetically modified organisms determine whether that applicant must, in addition to his or her application, submit an assessment in accordance with the relevant provisions of the National Environmental Management Act, 1998 (Act No. 107 of 1998), of the impact on the environment and an assessment of the socio-economic considerations of such activities; |
| (b) | in consultation with the Committee, decide whether to approve an application— |
| (i) | for the use of facilities to conduct activities in respect of genetically modified organisms; or |
| (c) | in considering an application have regard to the following factors |
| (i) | Scientifically based risk assessments: and |
| (ii) | proposed risk management measures; |
| (d) | determine, in the event of— |
| (i) | an intentional change in the use of a facility or an activity for which approval was granted: and |
| (ii) | being notified by the user of any intended change. |
whether that user must re-apply for approval:
| (e) | evaluate whether the user implemented the prescribed notification procedures in accordance with article 8 of the Protocol; |
| (f) | in the event of an accident, determine the manner of notification and the information to be submitted by a user as required in terms of this Act; |
| (g) | advise the Minister on ways to avoid accidents in the Suture and on measures to minimise any adverse impact on the conservation and sustainable use of biological diversity including risks to human and animal health; |
| (h) | implement appropriate measures regarding the manner of notification that must be given to an affected or potentially affected State, the Biosafety Clearing-House and, where appropriate, any relevant international organisations of an unintentional transboundary movement that is likely to have an adverse impact on— |
| (i) | the conservation and the sustainable use of biological diversity; or |
| (ii) | human and animal health, |
in such an affected or potentially affected State;
| (i) | provide an affected or potentially affected State with the with the prescribed information in the notification referred to in paragraph (h); |
| (j) | consult with an affected or potentially affected State immediately after notifying that State of an unintentional transboundary movement referred to in paragraph (h), to enable that State to take the necessary actions, including emergency measures; |
| (k) | satisfy itself prior to the Republic entering into a bilateral, regional or multilateral agreement or arrangement, including an agreement or arrangement or contingency plans regarding unintentional transboundary movements, that the level of protection of human and animal health and the environment is not lower than the level of protection provided for in the Protocol, and shall advise the Minister accordingly; |
| (i) | of any approval to conduct an activity contemplated in this Act and to exercise control over such an activity; |
| (ii) | of any notification received of an unintentional transboundary movement, and any relevant information on such transboundary movement: |
| (iii) | in the event of an accident, of the proposed control measures to be implemented to contain that accident; and |
| (iv) | of any other matter with regard to genetically modified organisms: |
| (m) | make recommendations to the Minister on the appointment of members to the Committee; |
| (n) | where the Council has been informed by the registrar that there is a reasonable suspicion that an activity is conducted contrary to this Act or to a condition contained in a permit issued wider this Act, determine— |
| (i) | a place or facility whereto a genetically modified organism used in such a activity or any material or substance used, affected or potentially affected by such activity must be removed; and |
| (ii) | appropriate measures for the disposal or repatriation of any genetically modified organism used in such activity or any material or substance used, affected or potentially affected by such activity. |
| (a) | before making a decision regarding an application submitted in terms of this section consider the following factors: |
| (iii) | the potential socio-economic impact of such activities; |
| (b) | if the Council is satisfied that the application conforms with the factors in subsection (1)(c) or paragraph (n), authorise the registrar, in writing to issue a permit on such terms and conditions as the Council considers necessary: |
| (c) | in the event of an accident, instruct the registrar to appoint a panel to enquire into and report on the causes of such accident, |
| (d) | where an applicant applies for an extension permit, consult with the Committee on such issues as the Council may consider necessary to come to a decision, |
| (e) | promote co-operation between the Republic and any other country with regard to research, development and technology transfer in the field of genetic modification of organisms and biosafety; |
| (f) | with the consent of the Minister, approve and issue guidelines for activities with genetically modified organisms and make such guidelines available to the public; |
| (g) | if the Council receives new and relevant scientific or technological evidence about activities conducted in terms of this Act, which may have an impact on the factors referred to in subsection (l)(c) or paragraph (a), reconsider any decision taken by it: |
| (h) | co-opt any person knowledgeable in a specific field of science to serve on the Council in order to advise the Council on matters where the Council considers it necessary: |
| (i) | invite written comments from any person knowledgeable in a specific field of science on any aspect of genetic modification which falls within the Council's functions. |
[Section 5 substituted by section 4 of Act No. 23 of 2006]
