chemicals management bill concept documentsawic.environment.gov.za/documents/4714.pdf · meas...
TRANSCRIPT
CHEMICALS MANAGEMENT BILL – CONCEPT DOCUMENT
Mrs. Mangaka MahlakoMr. Obed Baloyi
Presentation Outline
1) Background
2) Gaps Identified on Review of Existing Legislative
Framework
3) Impacts of Existing Gaps
4) Objectives of draft Chemicals Management Bill
5) Process and timing
Background
• A chemical substance is a material with a definite chemical composition.
• New chemicals are being discovered daily & at last count there are about 30 million chemical compounds
Background… cont’d
• Chemicals contribute significantly to the country’s economy i.e. SA – largest chemical industry in Africa
• SA is party to Multilateral Environmental Agreements (MEAs). These MEAs controls certain group of chemicals
• Aim of MEAs - to protect human health and the environment from the harmful effects of chemicals
• MEAs encourage parties to domesticate these treaties into their respective national laws to facilitate compliance with their obligations
• SA currently have ±25 legislations (laws) that address certain aspects of chemicals management
WHO IS RESPONSIBLE?
Background… cont’d
• Gov. Depts involved– DEA – NEMA
– DAFF - FFFAR
– DOL - OHSA
– DOH – HSA, FCDA, NHA
– DOT – NRTA
– EDD – ITAC
– DWS – NWA
– The dti – NRCS
HEIRARCHY OF CHEMICAL CONTROLS
LAWS
REGULATIONS
INDUSTRY CODES
GOOD BUSINESS
PRACTICES
Gaps Identified on Review of Existing Framework
1) No existing regulatory framework that allows for the banning of industrial chemicals or hazardous substances, i.e.
a) Hazardous Substances Act does not ban chemicals
b) NEMA can be used to ban products that has a detrimental effect to the environment and human health
2) No existing regulatory framework that allows for the registration of industrial chemicals The country therefore has little or no knowledge of chemicals used for industrial
purposes and these chemicals are therefore not controlled
Industrial chemicals can be introduced in the country and industries are not required by any law to report on the risk assessments and the use of these chemicals
List of hazardous substances declared as Group II substances is published in Government Notice R. 1382 of 12 August 1994 (ito Hazardous Substances Act). Although a list of Group II substances has been declared, no licensing requirements have been put in place for Group II hazardous substances.
Gaps Identified on Review of Existing Framework … cont’d
3) No regulatory framework allowing the country to domesticate MEAs relating to chemicals management into the national law
4) Fragmentation of Regulatory Framework controlling aspects of chemicals management can be problematic at times
5) Currently no Act regulating chemicals management in its entirety (i.e. life-cycle management of chemicals)o For example, chemical risk assessments mainly done for human
safety’s perspective addressing mammalian and clinical toxicology and ecotoxicology, chemicals evaluated include,
Agrochemicals: pesticides and veterinary medicines by DAFF & DOH
Therapeutic goods: drugs and human medicines by DOH, disinfectants by NRCS and SABS
Food additives by DOH
Impacts of Existing Gaps
SA is party to MEAs relating to chemicals management for which their main objective is to protect human health and environment from harmful effects of chemicals of concern.
SA not automatically regulating chemicals that are listed by the convention and this contributes to SA not complying with some provisions of the MEAs
SA cannot proactively identify chemicals of concern in the country thus propose control at an international arena
Impacts of Existing Gaps … cont’d
Fragmentation of legislative framework relating chemicals encourages mismanagement/lack of accountability of chemicals by the regulated sector. E.g. a chemical that has dual purposes (industrial and agricultural)
can be imported for industrial purpose but be used for agricultural purpose
Lack of ease of access to information relating to chemicals used in the country particularly industrial chemicals
Risks assessments and implementation of GHS on industrial chemicals is partially done
Impacts of Existing Gaps … cont’d
No requirement for the registration of industrial chemicals manufactured and used in the country
No requirement for the development of the inventory of chemicals manufactured and used in the country
Lack of public awareness of the chemicals used on a daily basis – industry is usually custodians of information relating to their risks and no regulatory framework requiring disclosure of such information by the industry Community (end users) pay hefty costs because the risks
associated with use of these chemicals - not disclosed or communicated
Objectives of draft Chemicals Management Bill
To domesticate MEAs relating to chemicals management into national law
To address aspects of chemicals management not covered by existing regulatory frameworks, such as registration of industrial chemicals and conducting risk assessments of industrial chemicals
To formalise the national coordinating efforts such as the existing mechanism that draws all sectors playing a role on chemicals management as members and this include: government, industry, NGOs, researchers and academia - Multi-stakeholder Committee on Chemicals Management (MCCM)
Process and timing
• 2015/16 - Draft Chemicals Management Bill developed
– Q1 Consultation on Chemicals Management Bill discussion paper
– Q2 - Q3 1st Draft Chemicals Management Bill
– Q2 - Q3 Socio-economic impact assessment report
– Q3 - Q4 Consultation on 1st draft Chemicals Management Bill
– Q4 Pre-Certification of the Bill
• 2016/17 - Chemicals Management Bill finalised
– Q1 Submission of documents to FOSAD: ESEID Secretariat
– Q2 Presentation of the draft Bill before Cabinet
– Q3 Draft Bill tabled in Parliament
– Q4 Supporting the parliamentary process
Thank you for you kind attention
Contact details
Mrs. Mangaka Mahlako Mr. Obed Baloyi
Deputy Director: POPs Chief Director: Chemicals Management
Tel: 012 399 9850 012 399 9843