Title: Hazardous Substances Act 15 Of 1973: Group I, Category A, Hazardous Substances: Declaration
Government Gazette Notice: GN 1242 in GG 40346 of 14 October 2016
Commencing date: Not yet specified

The Minister of National Health may, by notice in the Gazette, declare any substance or mixture of substances which, in the course of customary or reasonable handling or use, including ingestion, might, by reason of its toxic, corrosive, irritant, strongly sensitizing or flammable nature or because it generates pressure through decomposition, heat or other means, cause injury, ill-health or death to human beings, to be a Group I or a Group II hazardous substance. The result of such a declaration is that specific requirements pertaining to the sale of these substances become applicable.

In this notice the Minister proposes to declare the following substances, or and mixtures containing such substances, products or materials as Group I hazardous substances:

(1) Any industrial substance or mixture of substances, products or materials listed in Annexure C of the South African Bureau of Standards latest Code of Practice 0228: The identification and classification of dangerous goods for transport by road and rail modes with exception of Class 1: Explosives and Class 7: Radioactive Substances; and which in the course of customary or reasonable handling or use, including ingestion, by reason of its;
a) acute toxicity oral, skin or inhalation, category 1 or 2 or;
b) carcinogenicity, category 1A or 1B or;
c) reproductive toxicity, category 1A or 1B or;
d) germ cell mutagenicity, category 1A or 1B or;
e) specific target organ toxicity-single exposure, category 1 or;
f) specific target organ toxicity-repeated exposure, category 1;
as classified according to the hazard classification prescribed in the SANS 10234: Globally Harmonized System of Classification and Labelling of Chemicals;

(2) All industrial substances listed in Annexure III of the Rotterdam Convention:

(3) All industrial substances listed in Annexure A, B and C of the Stockholm Convention;

(4) Mercury and mercury compounds, except when these substances and preparations and admixtures thereof are scheduled substances under the Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965)

In addition to the above, the selling of mercury and mercury compounds from primary mercury mining and for use in artisanal and small scale gold mining is also proposed to be prohibited.

Interested persons are invited to submit substantiated comments or representations on the proposed Notice to the address specified in the notice within 3 months.

So what for my operation?
If your operation sells any of the above hazardous substances or mixtures containing these substances, you will have to comply with the requirements of the Hazardous Substances Act, as well as the requirements of the Group I Hazardous Substances Regulations (GN R453 of 1977). These requirements include, amongst others, a licence that must be obtained for the sale of Group I hazardous substances.

What is Shangoni’s approach?
Shangoni can assist clients in the mining and non-mining industries with the facilitation of the application process for licences in terms of the Hazardous Substances Act 15 of 1973. This includes the completion of all associated documentation, the submission thereof to the relevant Competent Authority as well as all correspondence with the Competent Authority.