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Genetically Modified Organisms Act, 1997 (Act No. 15 of 1997)

20. Regulations

 

(1) The Minister may make regulations—
(a) regarding the applications for and the period within which a decision on an application must be taken in terms of this Act;

[Section 20(1)(a) substituted by section 14 of Act No. 23 of 2006]

(b) prescribing the procedure to be followed by an applicant for the purpose of drawing up scientifically based risk assessments environmental impact assessments, socio-economic considerations and risk management measures, for submission to the Council in terms of this Act;

[Section 20(1)(b) substituted by section 14 of Act No. 23 of 2006]

(c) prescribing the fees payable in respect of any application, matter or document;
(d) regarding the classification and types of genetically modified organisms;
(e) regarding requirements for the contained use of genetically modified organisms;
(f) regarding requirements for laboratory development of genetically modified organisms;
(g) regarding the standards to which facilities for activities involving genetically modified organisms should conform;
(h) regarding requirements for trial release of genetically modified organisms;
(i) regarding requirements for the effective management of waste;
(j) regarding information to be submitted to the Council in the case of a notification in terms of this Act;
(k) regarding requirements for the general release and marketing of genetically modified organisms;
(l) regarding the importation and exportation of genetically modified organisms;
(m) regarding the registration of a place or facility where activities concerning genetically modified organisms are undertaken;
(n) prescribing—
(i) the manner in which and period within which an appeal under section 18 should be lodged;
(ii) fee payable in respect of such an appeal;
(iii) the procedure at the proceedings of an appeal board; and
(iv) the period within which an appeal board shall decide on an appeal;
(o) prescribing control measures which shall be complied with by a user;
(p) regarding classes of genetically modified organisms exempted from control under this Act:
(pA) regarding the content of the information that a user, in the event of any accident involving genetically modified organisms, is required to supply to the registrar;

[Section 20(1)(pA) substituted by section 14 of Act No. 23 of 2006]

(pB) regarding the manner and content of the information that must be contained in the notification contemplated in section 5(1)(h);

[Section 20(1)(pB) substituted by section 14 of Act No. 23 of 2006]

(pC) regarding matters concerning the Biosafety Clearing-House;

[Section 20(1)(pC) substituted by section 14 of Act No. 23 of 2006]

(pD) regarding the manner and content of the noficiation procedures contemplated in section 5(1)(e);

[Section 20(1)(pD) substituted by section 14 of Act No. 23 of 2006]

(q) concerning, generally, any matter which he or she considers necessary or expedient to prescribe in order that the objects of this Act may be better achieved, the generality of the powers conferred by this paragraph not being limited by the provisions of the preceding paragraphs.

 

(2) Any regulations made under subsection (1) may provide that any person who contravenes or fails to comply with a provision thereof, shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding two years.