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National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Chapter 5 : Species and Organisms Posing Potential Threats to Biodiversity

Part 3 : Other Threats

78. Genetically modified organisms

 

(1) If the Minister has reason to believe that the release of a genetically modified organism into the environment under a permit applied for in terms of the Genetically Modified Organisms Act, 1997 (Act No. 15 of 1997), may pose a threat to any indigenous species or the environment, no permit for such release may be issued in terms of that Act unless an environmental impact assessment has been conducted in accordance with Chapter 5 of the National Environmental Management Act as if such release were a listed activity contemplated in that Chapter.

[Section 78(1) substituted by section 37 of Act No. 14 of 2009]

 

(2) The Minister must convey his or her belief referred to in subsection (1) to the authority issuing permits in terms of the Genetically Modified Organisms Act, 1997, before the application for the relevant permit is decided.

 

(3) For the purposes of subsection (1) "release" means trial release or general release as defined in section 1 of the Genetically Modified Organisms Act, 1997.