National Environmental Management Act, 1998 (Act No. 107 of 1998)RegulationsRegulations to domesticate the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in International Trade, 2021Chapter 3 : Process for the Notification for the Import, Export or Transit of Chemicals listed in Annexure I to these Regulations4. Process for the notification of the import of chemicals listed in Annexure I |
| (1) | Any person wishing to— |
| (a) | import or export chemicals listed in Annexure I to these Regulations, must obtain consent from the DNA by submitting an application for consent to the DNA; and |
| (b) | transit chemicals listed in Annexure Ito these Regulations must submit a notification to the South African DNA. |
| (2) | An application submitted to the South African DNA by the DNA of the country of export, as contemplated in subregulation (1)(a) for the import of chemicals listed in Annexure I to these Regulations, must include— |
| (a) | a completed official Rotterdam Convention export notification form, signed by the DNA of the country of export, which must be sent by the country of export to South African DNA containing, as a minimum, the information indicated in Annexure ll to these Regulations; and |
| (b) | a SDS for the chemicals listed in Annexure 1 to these Regulations that is to be imported. |
| (3) | Upon receiving the export notification, the South African DNA will request from the importing company the following— |
| (c) | an applicable registration certificate or authorisation issued in terms of South African legislation, if any is required by any competent authority; and |
| (d) | records of previous uses or international uses aligned with the intended importer's activities, of the chemicals listed in Annexure 1 to these Regulations. |
| (4) | The South African DNA must send an acknowledgement, as per Annexure III to these Regulations, of receipt of the application contemplated in subregulation (1)(a), for the import of chemicals listed in Annexure I to these Regulations, to the DNA of the country of export, within 10 days of receipt of the application. |
| (5) | Subsequent to the issuing of an acknowledgement contemplated in subregulation 4(4), the South African DNA must process the completed application contemplated in subregulation 4(2) with the inclusion of the requirements in subregulation 4(3), within 10 working days. |