I, Angela Thokozile Didiza, Minister of Agriculture hereby publish the Genetically Modified Organisms Amendment Bill, 2004, for comment by the general public.
To amend the Genetically ModifiedOrganismsAct,1997(ActNo.15of1997) so as to incorporate the provisions of the Cartagena Protocol on Biosafety, to make amendments and additions to the definitions and scope of the Act, to amend the activities relatingto genetically modified organisms, to amend the composition of the Committee and Council, to amend the functions of the Registrar, Committee and Council, to amend the determination of risks and liability, the confidentiality clause and procedures during an appeal.
Amendment of section 1 of Act I5 of 1997 1.
Amendment of section 2 of Act15 of 1997 2.
Amendment of section 3 of Act 15 of 1997 3.
by the substitution of subsection(1)of the following paragraph: "(1) There is hereby establishedacouncil to be knownas the Executive Council for Genetically Modified Organisms, which shall consist of not more than [eight] tenmembers appointed by the Minister."
Substitution of section 4 of Act 15 of 1997 4.
The Council shall advise the Minister on all aspects concerning all activities relating to genetically modified organisms, and to ensure that such activities are performed in accordance with the provisions of this Act.
Amendment of section 5 of Act15 of 1997 5.
after consideration of the risk assessment, risk manaaement. and, where paragraph (a) and the Dotential socio-economic imoact.
members to the Committee.
Amendment of section 9 of Act 15 of 1997 6.
Amendment of section 10of Act 15 of 1997 7.
(b) two persons shallbe from the public sector and shall have knowledgeof genetically modified organisms.
Amendment of section 11of Act 15of 1997 8.
by the substitution of subsection(1) for paragraph (b) of the following paragraph: '(b)advise, onrequestor of its own accord, the Minister, the Council, Reaistrar.
Amendment of section 17of Act 1Sof 1997 9.
by the substitution of subsection (2) of the following subsection: "(2) The liability fordamagecaused by activities relatinato [the use or release of a] genetically modified organism shall, unless otherwise indicated throuah amocessidentified in terms of Article 27 of the Protocol, be borne by theuserconcerned: Providedthatwhensuchanorganism was in the possessionofaninspector as set out in section 15 (4), the [user] DerSon concerned at the timeof such [use or release]-shall not be heldliable for any damage unless such[user] person foresaw or should have foreseen such damage and could or should have prevented the damage but failed to take reasonable actionto prevent such damage."
Amendmentof section 18of Act 15of 1997 10.
[the evaluation of foreseeable impacts, in particular any pathogenic or ecologically disruptive impacts.] a summarv of the risk assessment of the impad on the environment and human health.
Amendmentof section 19 of Act 15 of 1997 11.
(a)by the substitution ofsubsection(2) for paragraphs (a)and(b) of the following by the substitution of subsection(4) for paragraph (c) of the following paragraph: '(c)makesuchotherorder as it may deem fit in order to minimize a sianificant neaative imoacton the environment or human health.
Amendment of section 20 of Act 15 of 1997 12.
This Act shall becalled the Genetically Modified Organisms Amendment Act,2004, and shall come into operation ona date fixed by the President by proclamation in theGazette.