Anwendungsbereich des Regulatory Essentials
Geltende Rechtsvorschriften:
The applicable legislation is the so-called Hazardous Substances Act 1973 (Act No. 15 of 1973) which is mandatory since 4 April 1973.
The Hazardous Substances Act controls the production, import, use handling and disposal of hazardous substances.
Hazardous substances are classified into 4 groups:
- group I: industrial chemicals (IA) and pesticides (IB)
- group II: 9 classes of wastes excluding class 1: explosives and class 7: radioactive substances
- group III: electronic products and group
- group IV: radioactive substances
Anyone who intends to sell or distribute group I hazardous substances must apply for a license from health authority first.
List of group IA hazardous substances:
- aluminium phosphide;
- arsenic and its salts;
- antimony potassium tartrate;
- antimony sodium tartrate;
- barium and its salts except barium sulphate;
- cantharidin;
- cyanides of potassium and sodium;
- other poisonous cyanide substances, preparations and admixtures containing or yielding the equivalent of one-tenth per cent or more of hydrocyanic acid;
- fluoroacetic acid (mono), its salts and derivatives;
- hydrocyanic acid;
- lead acetate;
- mercuric ammonium chloride;
- phosphorus, yellow;
- strychnine;
- thallium;
- zinc phosphide;
- carbon tetrachloride (added by Government Notice R1705 of 1995)
- leaded paint (added by Government Notice R801 of 2009)
The applicable legislation is the so-called National Environmental Management Act (Act No.107 of 1998) which is mandatory since 29 January 1999.
The National Envirommental Management Act authorizes DEA to prohibit or control certain substances or chemicals that pose threat to the environment and human health. So far, only Asbestos and PCBs are currently prohibited by the following 2 subsidiary regulations under the Act.
- Regulations for the Prohibition of use, manufacturing, import and export of asbestos and asbestos containing materials, GN R341 of 2008
- Regulations to phase out the use of Polychlorinated Biphenyls (PCBs) materials and Polychlorinated Biphenyl (PCB) contaminated materials, GN R549 of 2014
Regulations to phase-out the use of polychlorinated biphenyls (PCBs) materials and polychlorinated biphenyl (PCBs) contaminated materials
Phase-out time frames
4. No person may-
(1) use any PCB materials or PCB contaminated materials after the year 2023.
(2) have any PCB materials, PCB contaminated materials or PCB waste in their possession after
the year 2026, excluding disposed PCB waste.
Regulations for the prohibition of the use, manufacturing, import and export of asbestos and asbestos containing materials
Prohibitions
2. (1) No person shall acquire, process, package or repackage asbestos; manufacture asbestos
containing materials, or distribute asbestos or asbestos containing materials.
(2) No person shall import asbestos or asbestos containing material into the Republic, or
export asbestos or asbestos containing materials from the Republic.
(3) No person shall import asbestos containing waste into the Republic.