Special Investigating Units and Special Tribunals Act, 1996
R 385
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 3 : Processes for the Notification for the Import and Export of Chemicals5. Process for the notification for the export of chemical |
| (1) | Any person wishing to export a chemical must submit a notification to the South African DNA for consent. |
| (2) | The notification referred to in subregulation (1) must be submitted once per calendar year to the South African DNA by the person wishing to export a chemical, as contemplated in subregulation (1) for the export of chemicals, and must include— |
| (a) | a completed official Rotterdam Convention export notification form, obtainable from the South African DNA containing as a minimum, the information indicated in Annexure II to these Regulations; and |
| (b) | an SDS for the chemical that is to be exported. The chemical must be labelled with information on the risks or hazards that the chemical poses to human health or the environment, or state where the information about the risk or hazard can be obtained. |
| (3) | The South African DNA must send an acknowledgement of receipt of the notification contemplated in subregulation (1) to the person that submitted the notification for consent for export, within 10 working days of receipt of the notification. |
| (4) | Subsequent to the issuing of an acknowledgement contemplated in subregulation (3), the South African DNA must within 10 working days— |
| (i) | consider the notification received from the person contemplated in subregulation (1), if it includes the requirements referred to in subregulation (2)(a) and (b); and |
| (ii) | submit the export notification to the DNA of the country of import,for consideration. |
| (5) | If the DNA of the country of import issues consent within 10 working days of the South African DNA submitting the export notification for consideration as referred to in subregulation (4)(i), the South African DNA must issue the consent issued by the DNA of the country of import to the person contemplated in subregulation (1). |
| (6) | If the South African DNA has not received a response from the DNA of the country of import following the submission contemplated in subregulation (4)ii within 10 working days, the DNA must immediately send a reminder to the DNA of the country of import. |
| (7) | If there is still no response following a further 10 working days from the date of the reminder sent as contemplated in subregulation (6), the South African DNA must relay this information to the person. If, after all reasonable efforts and no response to a notification contemplated in subregulation (4)(ii) has been received, then the export may proceed. |
| (8) | If the cumulative amount of the chemicals to be exported is going to exceed the quantity that the original notification was consented for, for the calendar year, irrespective of the number of consignments, an additional notification must be submitted to the South African DNA by the exporter as contemplated in Regulation 5(2). |
