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South African National Profile Department of Environmental Affairs and Tourism South African National Profile 2002-2005 A comprehensive assessment of the national infrastructure relating to the legal, administrative and technical aspects of chemicals management in South Africa Publisher Chemical and Hazardous Waste Management Department of Environmental Affairs and Tourism Private Bag X447 Pretoria 0001 South Africa Printer Siyaya Publishing PO Box 11273, Hatfield, 0028 Tel +27 12 460 0984 ISBN No 0-620-35993-5 Website: www.deat.gov.za ACKNOWLEDGEMENTS The National Profile was initiated under the direction of Mr. E B Mathebula, and subsequently, Dr G Mvuma. Other team members at the Department of Environmental Affairs and Tourism, namely, Ms Zini Manana, and Ms Thembisile Kumalo, contributed to data collection, analysis and overall project management. Their support and contribution is greatly appreciated. The Argus Gibb initiated data collection and writing of this document. Special thanks to Mr. Tim Knights who completed the project. The National Profile would not be complete without the contribution of our stakeholders, namely, national departments of Agriculture, Health, Labour, Trade and Industry, Transport, Water Affairs and Forestry and their Agencies; provincial departments of Agriculture and Environment; Non-Governmental Organizations (NGOs), namely, Groundwork and EarthLife, AVCASA, the Basel Convention Regional Centre; industrial associations like CAIA, and special thanks to Dr Lorraine Lotter for her contributions. DEAT wishes to take this opportunity to thank United Nations Institute for Training and Research (UNITAR) for providing guidance, and financial support towards the production of this report and for supporting workshops related to this project. Thanks also go to the government of Switzerland and the European Commission for financing the completion of the National Profile and related activities. Thanks to all the staff at DEAT for the encouragement and support provided during the production of this report. Special thanks to Joanne Yawitch, Deputy Director-General: Environmental Quality and Protection, for her unyielding support for this project. We have endeavoured to ensure that the factual material that has been incorporated is accurate, however, would invite comment on any errors or inaccuracies. European Switzerland Commission CONTENTS Page numbers are prefixed with the chapter number, Contents are page 1 of the Chapter. Acknowledgement Frontpiece Introduction iii Executive Summary v Chapter 1: National Background Information Chapter 2: Chemical Production, Import, Export and Use Chapter 3: Overview of the Issues and Concerns Related to Chemical Production, Import, Export and Use Chapter 4: Legal Instruments and Non-Regulatory Mechanisms for Managing Chemicals Chapter 5: Government Departments and Agencies Managing Chemicals Chapter 6: Relevant Activities of Industry, Public Interest Groups and the Research Sector Chapter 7: Commissions and Coordinating Mechanisms Chapter 8: Data Access, Database Custodianship and Use Chapter 9: Technical Infrastructure Chapter 10: International Linkages Chapter 11: Awareness / Understanding of Workers and the Public Chapter 12: Chemical Management Resources ANNEX 1: ABBREVIATIONS ANNEX 2: CONTRIBUTORS TO NATIONAL PROFILE - ii - - ii - INTRODUCTION BACKGROUND ON NATIONAL PROFILE A National Profile is a comprehensive and systematic assessment of a country's existing infrastructure and capabilities that are in place for the sound management of chemicals. National Profile will highlight the national priorities, identify existing gaps and weaknesses in the chemicals infrastructure. The development of a National profile is in pursuance of the requirements of Chapter 19 of Agenda 21. Agenda 21 is a programme of action for sustainable development. This programme of action was adopted at the United Nations Conference on Environment and Development held in Rio de Janeiro in 1992. South African Government’s commitment to Agenda 21 is enshrined in the National Environmental Management Act (Act No. 107 of 1998). The information in the National Profile will assist the Government to develop a national action plan with an integrated approach for chemicals management. Execution of this national action plan will contribute to the sound management of chemicals in South Africa. The National Profile will achieve the following: ¾ Provide an understanding of chemicals produced, imported, exported, used, handled or disposed of in the country, and the population and environmental resources that are potentially affected by such chemicals. ¾ Give information on ongoing and planned activities at a national level (activities related to the implementation of the Agenda 21 programme). ¾ Document the existing national infrastructure both for general aspects of chemicals (e.g. information on existing legislation, ministerial responsibilities) and for specific aspects of chemical management such as pesticides registration, occupational health, transport of dangerous substances. ¾ Initiate a process by which the Gwill be able to identify gaps and weaknesses in the existing legal, institutional, administrative and technical infrastructure related to chemicals management and safety. ¾ Provide a basis for cost-effective allocation of resources by including information on the resources available for management of chemicals, including financial resources and human skills /capabilities, as well as an indication of resources needed for undertaking priority actions. The process of compiling the National Profile report will involve the participation of all concerned stakeholders (national and provincial State departments, NGO, labour, business, interested and affected parties) who are directly involved with the various aspects of chemicals management and safety. National action plans that will be developed from the National Profile will assist the Government to address the following: Adequate chemicals management legislation. Information generation, gathering, use and dissemination. Capacity for hazard and risk assessment, interpretation and communication. Establishment of risk management policy, including evaluation of safer chemical alternatives and non-chemical options. - iii - Effective education programmes. Capacity to respond to emergencies. Strengthening regulatory enforcement and compliance. Promoting pollution prevention and industry action programs. Promoting the safe use of pesticides and other agricultural chemicals. Industry action programs such as “Responsible Care”. The national Profile is also relevant to other global projects linked to the Johannesburg Plan of Implementation (JPOI) which was adopted at the World Summit on Sustainable Development (WSSD) held in Johannesburg, in 2002. These projects include the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), projects that seek to reduce the negative effects of chemicals on humans and the environment, such as the African Stockpile Program (ASP), which seek to remove obsolete stocks of pesticides from the environment in African countries. The National Profile will form a basis for the development of national priority actions in line with the concrete measures articulated in the Strategic Approach to Chemicals Management (SAICM). - iv - EXECUTIVE SUMMARY The National Chemical Profile has been compiled for South Africa. It consists of a study of all the chemicals that are used in the country, the problems associated with their use, and the organisations and the legal and management instruments in place to manage those chemicals. The profile is broken down into twelve chapters and the summaries of those chapters are below. Chapter 1: National Background Information Country Location South Africa is situated on the southernmost part of the African continent (latitude 22° to 35° S and longitude 17° to 33° E). Its surface area comprises 1 219 090 km2 The country has common boundaries with the republics of Namibia, Botswana and Zimbabwe, Mozambique, and Swaziland. Lesotho is completely enclosed by South African territory. South Africa annexed Prince Edward and the Marion islands, 1 920 km Southeast of Cape Town in the Atlantic Ocean, in 1947. Historical base The South African chemical industry is dominated by local companies, which grew from the industry’s historical base in explosives for the mining industry, followed by the development of nitrogen-based fertilizers and sulphuric acid. The strategic decision in the 1950s to derive oil from coal on a large scale resulted in the foundation of a significant polymer industry. Regulatory framework The Constitution of South Africa provides the overarching legislative framework, which assigns responsibility for the three spheres of government – national, provincial and local. The complex requirements of a chemicals management system have resulted in legislation that distinguishes between three main types of chemicals – industrial and consumer chemicals, agrochemicals and pharmaceuticals – and responsibility for their management is spread over a number of Government departments. Department of Health: Administers legislation dealing with medicines and hazardous substances. Department of Agriculture: Administers legislation controlling the use of pesticides as part of its resource conservation and quality control and food safety function. Department of Environmental Affairs and Tourism: Coordinates matters relating to the management of chemicals in support of national sustainable development goals.
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