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

3A. Production, acquisition, disposal, and importation and exportation, of Group IV hazardous substances


1) Subject to the provisions of this section, no person shall produce or otherwise acquire, or dispose of, or import into the Republic or export from there, or be in possession of, or use, or convey or cause to be conveyed, any Group IV hazardous substance, except in terms of a written authority under subsection (2) and in accordance with—
a) the prescribed conditions; and
b) such further conditions (if any) as the Director-General may in each case determine.


2) The Director-General may on application by any person in the prescribed manner and on payment of the prescribed fee, and on such conditions as he may in each case determine, in writing authorise the performance of any of or all the activities mentioned in subsection (1) in respect of any Group IV hazardous substance.


3) Any employee of a holder of a written authority referred to in subsection (2) may in the course of his employment in respect of the Group IV hazardous substance concerned perform any of the activities in respect of which authority has been so granted in accordance with the conditions of the authorization in question.


4) A written authority under section 50 of the Nuclear Energy Act, 1982 (Act No. 92 of 1982), shall remain valid, but shall lapse—
a) if application for a written authority under section 4 of the Hazardous Substances Amendment Act, 1992, is not made within 60 days after the date of commencement of the said section; or
b) if an application mentioned in paragraph (a) is made within the said period of 60 days, when such application is granted or refused.


5) The Minister may from time to time by notice in the Gazette—
a) determine that any provision of subsection (1) shall not apply in respect of any Group IV 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 such notice.


6) Any person who contravenes or fails to comply with any provision of subsection (1) or any condition imposed thereunder shall be guilty of an offence.


7) The provisions of sections 4, 5 and 7 shall, in so far as they can be applied, apply to a written authority under subsection (2).