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 Regulations2. Application, Scope and Purpose of the Regulations |
(1)
| (a) | These Regulations apply to the banned or severely restricted chemicals listed in Annexure I, prohibited or restricted by following legislations: |
| (i) | The National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA), which enables the domestication of the Rotterdam Convention to prohibit the production, manufacture, import, export, use and distribution of persistent pollutants that pose a threat to the environment and human health; |
| (ii) | The Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947) (FFFARSRA), which regulates the registration, acquisition, disposal, sale and use of fertilizers, stock remedies, agricultural remedies, sterilizing plants and pest control operators; and |
| (iii) | The Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002) (MPRDA), that regulates prospecting and mine health and safety in terms of Mine Health and Safety Act, 1996 (Act No. 29 of 1996). |
| (b) | These Regulations do not apply to any of the following: |
| (i) | Narcotic drugs and psychotropic substances regulated by the Drug and Drug Trafficking Act, 1992 (Act No. 140 of 1992), regulating the monitoring of trade on narcotic drugs and drug precursors; |
| (ii) | Radioactive materials and substances as regulated by the Hazardous Substance Act, 1973 (Act No. 15 of 1973) Group IV: Radioactive Substances and Nuclear Energy Act, 1982 (Act No. 82 of 1982), outlining safety standards for the protection of the health of workers and the general public against dangers arising from ionizing radiation; |
| (iii) | Wastes regulated by the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008); |
| (iv) | Chemical weapons regulated by the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No.87 of 1993) and The Explosives Act, 2003 (Act No. 15 of 2003) that outlines the rules for the control of exports, transfer, brokering and transit of dual-use items; |
| (v) | Pharmaceuticals, including human and veterinary drugs regulated by the Medicines and Related Substance Control Act, 1965 (Act No. 101 of 1965} on medicinal products for human and veterinary use; and |
| (vi) | Chemicals used as food additives regulated by the Foodstuffs, Cosmetics and Disinfectant Act, 1972 (Act No. 52 of 1972) which ensures the verification of compliance of food laws, setting quality and safety standards that governs the manufacture, sale and importation of foodstuffs. |
| (c) | These Regulations do not apply to chemicals exported for the purpose of research or analysis in quantities that are unlikely to affect human health or the environment and that in any event do not exceed 1Okg from each exporter to each importing country per calendar year. |
| (2) | The purpose of these Regulations is to— |
| (a) | implement the Rotterdam Convention on the PIC procedure for certain hazardous chemicals and pesticides in international trade; |
| (b) | outline the PIC procedure for chemicals and pesticides for obtaining and exchanging information concerning the characteristics of hazardous chemicals and pesticides, by providing for a decision-making process between countries on their import and export and disseminating decisions to Parties as appropriate; |
| (c) | promote shared responsibility and cooperative efforts in the international movement of chemicals in order to protect human health, animal health and/or the environment from potential harm; and |
| (d) | contribute to the environmentally sound use of chemicals by facilitating information exchange about their characteristics, by providing for a national decision-making process on their import and export and by disseminating these decisions to other countries. |