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Hazardous Substances Act, 1973 (Act No. 15 of 1973)

2. Declaration of grouped hazardous substances

 

 

1) The Minister may, subject to the provisions of subsections (2) and (3), by notice in the Gazette, declare--
a) 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;
b) any electronic product to be a Group III hazardous substance.
c) [deleted by s. 2(a) of Act No. 53 of 1992].

 

2)
a) If the Minister intends to declare any substance or mixture of substances to be a Group I or Group II hazardous substance or any electronic product to be a Group III hazardous substance or any substance referred to in paragraph (b) of the definition of "Group IV hazardous substance" to be a Group IV hazardous substance, he shall cause to be published in the Gazette a notice of his intention to do so and in such notice invite interested persons to submit to the Director-General any comments and representations they may wish to make in connection therewith.
b) A period of not less than three months shall elapse between the publication of such a notice and any relevant declaration under subsection (1).

 

3) The provisions of subsection (2) shall not apply in respect of--
a) an amendment of any proposed declaration in pursuance of a notice published in terms of that subsection; and
b) any declaration in respect of which the Minister is of the opinion that the public interest requires that it be made without delay.