ROTTERDAM CONVENTION: MORE DRAFT DOMESTICATING REGULATIONS OUT FOR COMMENT

ROTTERDAM CONVENTION: MORE DRAFT DOMESTICATING REGULATIONS OUT FOR COMMENT

• 24 October 2023
• Environmental Law
• SA Legal Academy

Please note: 1) On 14 December 2023, the department gazetted a notice further extending the commencement date of regulations gazetted in February 2023 and still in the process of being revised 2) On 11 June 2024, a notice was gazetted postponing the date by a further 660 days.

The Department of Forestry, Fisheries & the Environment has called for input by 27 November 2023 on another set of draft regulations prepared with the intention of domesticating the 1998 Rotterdam Convention – a multilateral treaty promoting shared responsibilities in hazardous chemical trading.

This is noting that the first set of draft regulations:

• was released during 2020 for public comment
• finalised and published the following year
• suspended shortly afterwards pending further attention to outstanding administrative requirements
• revised and released in 2022 for comment
• gazetted in February 2023 for commencement in December 2023, and that
• their commencement was postponed in June 2023 for a further 300 days.

It is not clear why a fresh set of regulations has been developed to replace them.

Nevertheless, once operationalised the draft regulations will prohibit the export and import of certain chemicals and pesticides without prior informed consent. To that end, among other things they propose:

• the procedures to followed in obtaining and granting prior consent
• reporting and record keeping requirements, and
• penalties for offences.

Please click the links below for more information:

• latest set of draft regulations
• February 2023 regulations
• postponement
• Rotterdam Convention

Published by SA Legal Academy Policy Watch

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