Please note that the research on this work is ongoing. Amendment, commencement and repeal information may be missing.
This is the version of this Act as it was from 4 April 1973 to 30 March 1976. Read the latest available version.
South Africa
Hazardous Substances Act, 1973
Act 15 of 1973
- Published in Government Gazette 3834 on 4 April 1973
- Assented to on 26 March 1973
- There are multiple commencements
- [This is the version of this document as it was from 4 April 1973 to 30 March 1976.]
- [Please note that the research on this work is ongoing. Amendment, commencement and repeal information may be missing.]
Provisions | Status |
---|---|
Section 1–33 |
commenced on 24 December 1976
by Government Notice R272 of 1976.
Note: Date of commencement of provisions relating to Group III hazardous substances |
Unknown provisions |
commenced on 25 March 1977
by Proclamation R51 of 1977.
Note: Date of commencement of provisions relating to Group I hazardous substances |
Unknown provisions |
commenced on 21 December 1984.
Note: Date of commencement of provisions relating to Group II hazardous substances |
Unknown provisions |
commenced on 1 March 1993
by Proclamation 87 of 1992.
Note: Date of commencement of provisions relating to Group IV hazardous substances |
1. Definitions
In this Act, unless the context otherwise indicates—“advertisement”, in relation to any grouped hazardous substance, means any written, pictorial, visual or other descriptive matter or verbal statement, communication, representation or reference—(a)appearing in a newspaper or other publication;(b)distributed to members of the public; or(c)brought to the notice of members of the public in any manner,and which is intended to promote the sale or encourage the use of such a substance; and "advertise" has a corresponding meaning;“analyst” means a person appointed as such under section 10(1);“appliance” means the whole or any part of any implement, machine, instrument, apparatus or other object used or capable of being used for, in or in connection with the manufacture, treatment, packing, labelling, storage, conveyance, preparation, serving or administering of any grouped hazardous substance;“describe” includes advertise or label;“dump”, in relation to a grouped hazardous substance, means deposit, discharge, spill, release or cause or permit to be deposited, discharged, spilled or released (whether or not the substance in question is enclosed in a container), in such a place, under such circumstances or for such a period that the person depositing, discharging, spilling, or releasing or causing or permitting it to be deposited, discharged, spilled, or released, may reasonably be assumed to have abandoned it; and “dumping” has a corresponding meaning;“electronic product” means—(a)any manufactured or assembled product which, when in operation—(i)contains or acts as part of an electric circuit; and(ii)emits (or in the absence of effective shielding or other controls would emit) electronic product radiation; or(b)any manufactured or assembled article which is intended for use as a component, part or accessory of a product described in paragraph (a) and which, when in operation, emits (or in the absence of effective shielding or other controls would emit) such radiation;“electronic product radiation” means—(a)any ionizing or non-ionizing electro-magnetic or particulate radiation; or(b)any sonic, infrasonic or ultrasonic wave which is emitted from an electronic product as the result of the operation of an electric circuit in such product;“grouped hazardous substance” means any substance, mixture of substances, product or material declared in terms of section 2(1) to be a hazardous substance of any kind;“Group I, Group II, Group III or Group IV hazardous substance” means a substance, mixture of substances, product or material declared in terms of section 2(1) to be a Group I, Group II, Group III or Group IV hazardous substance, respectively;“import” means import into the Republic by any means; and “importation” has a corresponding meaning;“importer” includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of or in any way entitled to the custody or control of any grouped hazardous substance imported;“import harbour” means a place appointed or prescribed by rule under section 6 of the Customs and Excise Act, 1964 (Act No. 91 of 1964), as a place of clearance for the Republic or as a customs and excise airport through which goods may be imported into the Republic or where they may be landed for transit or coastwise carriage;“inspector” means a person appointed as such under section 8(1), and includes any person who may, in terms of section 8 (3), exercise or perform the powers, duties and functions of such an inspector;“label”, when used as a noun, means any brand or mark or any written, pictorial or other descriptive matter appearing on or attached to or packed with any grouped hazardous substance or its package, and referring to such substance, and, when used as a verb, means brand or mark or attach or provide in any other manner with, any written, pictorial or other descriptive matter;"local authority" means an institution or body contemplated in section 84(1)(f) of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961);"manufacture", when used as a noun, includes production, preparation, processing or any other manufacturing process and, when used as a verb, has a corresponding meaning;“Minister” means the Minister of Health;“package” means anything by or in which any substance is covered, enclosed, contained or packed;"premises" means land or any building or other structure and includes any train, boat, ship, aircraft or other vehicle;“prescribed” means prescribed by regulation;“radio-active material” means any substance, other than source material or special nuclear material as defined in the Atomic Energy Act, 1967 (Act No. 90 of 1967), which consists of, or contains any radio-active nuclide, whether natural or artificial, and whose specific activity exceeds 0,002 microcurie per gram of chemical element and which has a total activity of more than 0,1 microcurie;“regulation” means a regulation made under this Act;“sealed package” means an unopened package which cannot be opened without breaking or damaging such package or any seal, adhesive label or other part of or attachment to such package;“Secretary” means the Secretary for Health;“sell” includes offer, advertise, keep, display, transmit, consign, convey or deliver for sale, or exchange, or dispose of to any person in any manner, whether for a consideration or otherwise, or manufacture or import for use in the Republic; and “selling” and “sale” have a corresponding meaning;“this Act” includes any regulation.2. Declaration of grouped hazardous substances
3. Sale of Group I, and use, operation, application and installation of Group III, hazardous substances
4. Licensing and registration
The Secretary may on application in the prescribed manner and on payment of the prescribed fee (if any) and subject to the prescribed conditions and such further conditions as the Secretary may in each case determine—5. Period of validity and renewal of licences and registrations
A licence or a registration under section 4 shall be valid for the prescribed period but may on application in the prescribed manner and before the prescribed time or such later time as the Secretary may allow and on payment of the prescribed fee (if any) be renewed.6. Appeals
7. Withdrawal or suspension of licence or registration
The Minister may at any time withdraw or suspend a licence or a registration under section 4 if any condition to which such licence or registration is subject has not been complied with.8. Inspectors
9. Powers of inspectors
10. Analysts
11. Further analysis or examination of samples
12. Detention of imported substances
13. Liability in regard to substance sold in a sealed package
14. Special defences
No person shall be convicted on a charge of selling or importing a Group I or Group II hazardous substance in contravention of any provision of this Act, if he proves—15. Warranties
16. Liability of employer or principal
17. Preservation of secrecy
18. Offences
Any person who—19. Penalties
20. Jurisdiction
A magistrate’s court shall have jurisdiction to impose any penalty provided for by this Act.21. Forfeiture and disposal of goods
22. Time limits and other requirements in connection with prosecution
23. Proof and presumptions
In any prosecution under this Act—24. Administration of Act by authorized local authority
25. Right to prosecute
26. Delegation of powers
The Secretary may in writing authorize any officer of the Department of Health to exercise or perform in general or in a particular case or in cases of a particular nature, any power, duty or function conferred or imposed on the Secretary by or in terms of this Act.27. Defects in form
A defect in the form of a notice, order, certificate, report or other document issued, made or furnished in terms of this Act shall not invalidate any administrative proceedings to which such notice, order, certificate, report or other document relates or be a ground for exception in legal proceedings, provided the requirements for such a notice, order, certificate, report or other document are substantially complied with and its meaning is clear.28. Restriction of liability
No person, including the State, shall be liable in respect of anything done in good faith in the exercise or performance of a power or duty conferred or imposed by or under this Act.29. Regulations
30. Application of Act to grouped hazardous substances in transit
The State President may, at the request of the government or administration of a state or territory which is not part of the Republic, by proclamation in the Gazette apply any provision of this Act to any grouped hazardous substance which arrives at or is imported through an import harbour or other place in the Republic and which is addressed to or intended for transmission to a place in such state or territory, and may at any time withdraw or amend such proclamation by proclamation in the Gazette.31. Operation of Act in relation to other laws
The provisions of this Act shall be in addition to and not in substitution for any other law which is not in conflict with or inconsistent with this Act.32. Repeal of section 133A of Act 36 of 1919, and Act 42 of 1971
33. Short title and commencement
History of this document
24 February 2000
Amended by
Nuclear Energy Act, 1999
Read this version
01 March 1994
Amended by
Nuclear Energy Act, 1993
Read this version
01 March 1993
Commenced by
Hazardous Substances Amendment Act, 1992: Commencement of provisions relating to Group IV hazardous substances
Note: Date of commencement of provisions relating to Group IV hazardous substances
06 May 1992
03 October 1986
21 December 1984
Commenced
Note: Date of commencement of provisions relating to Group II hazardous substances
11 March 1981
25 March 1977
Commenced by
Hazardous Substances Act, 1973: Commencement of provisions relating to Group I hazardous substances
Note: Date of commencement of provisions relating to Group I hazardous substances
24 December 1976
Commenced by
Hazardous Substances Act, 1973: Commencement of provisions relating to Group III hazardous substances
Note: Date of commencement of provisions relating to Group III hazardous substances
31 March 1976
04 April 1973 this version
26 March 1973
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Exemption Regarding the Sale of Electronically Controlled Ventilators | Government Notice R722 of 2020 |
Cited documents 3
Legislation 3
1. | Criminal Procedure Act, 1977 | 3913 citations |
2. | Customs and Excise Act, 1964 | 912 citations |
3. | Constitution of the Republic of South Africa, 1996 | 584 citations |
Documents citing this one 340
Gazette 309
Judgment 4
Legislation 25
1. | National Environmental Management Act, 1998 | 1784 citations |
2. | National Environmental Management: Waste Act, 2008 | 420 citations |
3. | Mine Health and Safety Act, 1996 | 231 citations |
4. | Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982 | 147 citations |
5. | Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 | 136 citations |
6. | National Nuclear Regulator Act, 1999 | 129 citations |
7. | Nuclear Energy Act, 1999 | 67 citations |
8. | Community Fire Safety | |
9. | Community Fire Safety | |
10. | Emergency Services | |
11. | Exemption Regarding the Sale of Electronically Controlled Ventilators | |
12. | Fire | |
13. | Fire Safety | |
14. | Fire Safety | |
15. | Fire Safety | |
16. | Integrated Zoning Scheme | |
17. | Municipal Planning | |
18. | Scheduled Activities | |
19. | Solid Waste Disposal | |
20. | Solid Waste Disposal | |
21. | Western Cape Health Care Waste Management Act | |
22. | Zoning Scheme | |
23. | Zoning Scheme | |
24. | Zoning Scheme | |
25. | Zoning Scheme |