Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 1993)DeclarationsDeclaration of certain Chemical Goods as Controlled Goods and Control Measures applicable to such Goods1. Definitions |
In this Notice any word or expression to which a meaning has been assigned in the Act or the Chemical Weapons Convention, as the case may be, shall have the meaning so assigned and, unless the context otherwise indicates—
means any chemical listed in Annexure F to this Notice, which can defoliate plants or which can destroy crops or plants or which can sterilise the soil to prevent plant growth;
means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, as ratified by the Government of the Republic of South Africa on 14 September 1995 and published for general information as Government Notice No. 754 on 2 May 1997;
means all phases before production, and includes conceptualisation, research, analysis, testing, configuration or pilot production schemes;
means any chemical belonging to a class of chemical compounds consisting of all compounds of carbon, except for its oxides, sulphides and metal carbides or carbonates, identifiable by chemical structure, by structural formula, if known, and by the Chemical Abstracts Service (CAS) registry number, if assigned, and not contained in the chemicals listed in Annexures A, B or C to this Notice;
means any toxic chemical, which is not among the toxic chemicals listed in Annexures A, B, C or D to this Notice, which can produce rapidly in humans sensory irritation or disabling physical effects, which disappear within a short time following the termination of exposure;
in relation to a chemical, includes development and production;
means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. This includes any key component of a binary or multicomponent chemical system;
means any discrete organic chemical containing one or more of the elements phosphorus, sulphur or fluorine;
means—
| (a) | industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes; |
| (b) | protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons; |
| (c) | military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare; and |
| (d) | law enforcement including for domestic riot control purposes; |
includes freight forwarding, storing and stockpiling (if not part of the manufacture and transfer processes), transporting, maintaining (repairing, overhauling, refurbishing), trading, consulting, disposing, and technical assistance;
means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. This includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere;
means the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993) as amended;
in relation to a chemical, means the depletion of reserves by adding a chemical to formulations, as a constituent in a mixture, in a scrubber of unwanted chemicals, as a starting material in a process, as a component of a reaction or as a catalyst.