POINT OF VIEW OF THE DIRECTORATE

The opinion of the Directorate with regard to some of these suggested amendments will be given below with reference to the sections given in the text of Biowatch:

(i) Only the definition of "contained use", "release" and "genetically modified organism" given in the GMO Act is relevant

(ii) The term modern biotechnology' need no definition since it not used elsewhere in the text of the Biodiversity Bill.

(iii) Section 11: page 2
The proposed amendment is acceptable (iv) Chapter 5: page 2

The proposed amendment of the heading for this Chapter is referred to DEAT for revision.

(v) Part 3, Genetically modified Organisms: page 3

We note that there is no difference between point 76A (1) and the given alternative.

The wording of Point 76A (1) to be changed to include a reference to the GMO Act 1997 (Act 15 of 1997). Chapter 7 (of the Biodiversity Bill) Should then also refer to permits issued under the GMO Act.

Point (2) is covered under the GMO Act.

76B to read as follows: 'The Minister may by notice in the Gazette exempt from the provision of section 76A any activities regarding the release of genetically modified organism into the environment as prescribed by the GMO Act
Subsections (a) to (c) not supported

(Vi) Restricted activities involving certain genetically modified organisms and products totally prohibited. Page 3

All discussion under this section not supported (Vii) Amendment of notices page 4

Point 76D should refer to section 76B and not 76A. (Viii) Section 86 page 4 5

Points 1,3, 4 (including subsections) and 6 are already addressed by the GMO Act. Point 2: not supported.
Point 5: not clearly stated.

Point 7: Included in the Biodiversity Bill
(ix) Part 3: General provisions page 5-6

Points a, b, d and f covered under the GMO Act

Points C: Can be included in the proposed amendments to the GMO Act which is still under review

Point e: Unclear
(x)The following statement on page 5 is not supported: "The giving of security in respect of any' obligation that may arise from carrying out [a restricted] an activity' authorized by a permit and the form of such security'"

(xi)The following statement on page 5 is covered under the GMO Act:

"Insert a new paragraph (f) before the current paragraph (f) to read as follows:

(f) the prohibition or restriction of the release of any genetically modified that poses unacceptable risks to human health or the environment.