NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998: EXTENSION OF THE COMMENCEMENT DATE OF 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, 2023

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NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998: EXTENSION OF THE COMMENCEMENT DATE OF 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, 2023

Notice Title: National Environmental Management Act 107 of 1998 (“NEMA”): Extension of the commencement date of 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, 2023

Government Notice: GN 3505 in GG 48751 on 6 June 2023

Commencing date: 18 December 2023 (i.e. 300 days from date of publication in the GG)

The Minister of Forestry, Fisheries and the Environment (“the Minister”) published a notice in terms of sections 25(3) and 44 of the National Environmental Management Act 107 of 1998 (“NEMA”) extending the commencement date of the Regulations to Domesticate the Requirements of the Rotterdam Convention on the Prior Informed Consent (“PIC”) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, 2023 (“the Regulations”) until 18 December 2023.

The purpose of the Regulations is to –

  • Implement the Rotterdam Convention on the PIC procedure for certain hazardous chemicals and pesticides in international trade.
  • outline the PIC procedure for the 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.
  • 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
  • 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.

Once it commences, the Regulations will repeal 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, GNR 413 of 12 May 2021.

For a copy of the Government Gazette Notice click here.

How to ensure compliance at my operations?

No person may import or export any chemicals listed in Annexure I to the Regulations into or from South Africa, without obtaining consent in terms of the Regulations prior to importing or exporting the chemicals.

For more information or assistance please contact Jan Neel at jan@shangoni.co.za

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