National Environmental Management Act, 1998 (Act No. 107 of 1998)RegulationsRegulations to domesticate the requirements of the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade, 2023 - effective 1 July 2023Chapter 1 : Definitions, Application, Scope and Purpose of the Regulations1. Definitions |
In these Regulations any word or expression to which a meaning has been assigned in the Act has that meaning, and unless the context indicates otherwise—
means a chemical of which all uses within one or more categories have been prohibited in order to protect human health or the environment. It includes a chemical that has been refused approval for the first-time use or that has been withdrawn by industry either from the domestic market or from further consideration in the domestic approval process,and where there is clear evidence that such action has been taken in order to protect human health or the environment;
means any substance whether by itself or in a mixture, whether manufactured or obtained from nature, excluding any living organism, which belongs to either of the following categories, a) banned chemicals or b) severely restricted chemicals, and which is listed in Annexure I
means a country from which the transboundary movement of a chemical is planned to be initiated or is initiated;
means a country to which a chemical is planned to be transported or is transported to as a final destination;
means an organisation granted responsibility by its national government to authorise and carry out the administrative functions required by these Regulations. The South African DNA is the Department responsible for the environment;
in relation to the Republic, means to take out or transfer or transfer, or attempt to take out or transfer, a chemical,from a place within the Republic to another country;
means a person who sends or intends to send a chemical(s) from the Republic to another country;
means a process whereby a country of export notifies the country of import of its intention to send a chemical to the country of import, and provides information thereon ;
is the form contained in Annexure II that is used for export or import purposes;
in relation to the Republic, means to land on, bring into or introduce to the Republic;
means a person who receives or intends to receive a chemical into the Republic or to attempt to land on, bring into or introduce into the Republic and includes to bring to the Republic for re-export to a place outside the Republic;
is a mechanism of formally requesting, obtaining and disseminating the information listed in these Regulations, on chemicals and decisions of the country of import,as to whether a chemical intended to be exported to the country of import,meets the requirements for import, and for ensuring compliance with the decisions by the country of export;
means the Regulations to domesticate the requirements of the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade, promulgated in terms of section 25(3), of the National Environmental Management Act, 1998 (Act No. 107 of 1998);
means the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, which entered into force on 10 September 1998 and includes the Annexes to the Convention, and any amendments to, or substitutions of, those documents that are or will become binding on parties to the Rotterdam Convention;
means a document that is aligned to the Globally Harmonized System of Classification and Labelling of Chemicals, providing information on hazard classification and properties of hazardous chemicals, amongst other matters and that is prepared in accordance with regulation 14A of the Regulations for Hazardous Chemical Agents, published under Government Notice No. 280 in Government Gazette 44348 on 29 March 2021, as amended, in terms of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);
means a chemical virtually all use of which within one or more categories has been prohibited by final regulatory action in order to protect human health or the environment, but for which certain specific uses remain allowed. It includes a chemical that has, for virtually all use, been refused for approval or been withdrawn by industry either from the domestic market or from further consideration in the domestic approval process, and where there is clear evidence that such action has been taken in order to protect human health or the environment;
means the National Environmental Management Act, 1998 (Act No. 107 of 1998).