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

3. Sale of Group I and Group III, and letting, use, operation, application and installation of Group III, hazardous substances

 

 

1) Subject to the provisions of subsections (1A) and (2) no person shall--
a) sell any Group I hazardous substance--
b) unless he is the holder of a licence issued to him in terms of section 4(a); and
c) otherwise than subject to the conditions prescribed or determined by the Director-General;
d) sell, let, use, operate or apply any Group III hazardous substance unless a licence under section 4(b) is in force in respect thereof, and otherwise than subject to the conditions prescribed or determined by the Director-General;
e) install or keep installed any Group III hazardous substance on any premises unless a licence under section 4(c) is in force in respect of such premises, and otherwise than subject to the conditions prescribed or determined by the Director-General.

 

1A) The Minister may by notice in the Gazette from time to time--
a) determine that any provision of subsection(1) shall not apply to any Group I or Group III hazardous substance mentioned in the notice; or
b) exempt any person or category of persons from any provision of subsection (1),

and may in like manner at any time amend or withdraw any such notice.

 

2) If a person has in his possession a substance immediately before the date on which it is declared to be a Group I or a Group III hazardous substance in terms of section 2, he may, notwithstanding the provisions of subsection (1) of this section, sell, lease, use, operate, apply or install or keep installed on any premises, as the case may be, that substance--
a) at any time during a period of 180 days calculated from the date on which it was so declared to be such a substance; and
b) if, before the expiry of the period mentioned in paragraph (a), an application was made in terms of section 4 for a licence which would authorize such sale, lease, use, operation, application or installation, at any time until such application has been finally refused in terms of this Act.

 

3) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence.