GENETICALLY MODIFIED ORGANISMS ACT 15 OF 1997[/SAPL4]
[ASSENTED TO 20 MAY 1997] [DATE
OF COMMENCEMENT: 1 DECEMBER 1999]
(English text signed by the Acting President)
ACT
To
provide for measures to promote the responsible development, production, use
and application of genetically modified organisms; to ensure that all
activities involving the use of genetically modified organisms (including
importation, production, release and distribution) shall be carried out in such
a way as to limit possible harmful consequences to the environment; to give
attention to the prevention of accidents and the effective management of waste;
to establish common measures for the evaluation and reduction of the potential
risks arising out of activities involving the use of genetically modified
organisms; to lay down the necessary requirements and criteria for risk
assessments; to establish a council for genetically modified organisms; to
ensure that genetically modified organisms are appropriate and do not present a
hazard to the environment; and to establish appropriate procedures for the
notification of specific activities involving the use of genetically modified
organisms; and to provide for matters connected therewith.
1 Definitions
In this Act, unless the context
otherwise indicates-
'accident' means any incident
involving an unintended general release of genetically modified organisms which
could have an immediate or delayed impact on the environment;
'appeal board' means an appeal board
appointed in terms of section 19;
'applicant' means any person in
control of facilities and activities involving genetic modification of organisms
and includes 'user';
'Committee' means the Advisory
Committee established by section 10;
'contained use' means any activity
in which organisms are genetically modified or in which such genetically
modified organisms are cultured, stored, used, transported, destroyed or
disposed of and for which physical barriers or in a combination of physical
barriers together with chemical or biological barriers or both are used to
limit contact thereof with the environment;
'control' means to examine,
regulate, manage or direct any activity within a person's jurisdiction;
'Council' means the Executive Council
for Genetically Modified Organisms established by section 3;
'department' means the Department of
Agriculture;
'Director-General' means the
Director-General: Department of Agriculture;
'environment' means the aggregate of
surrounding objects, conditions and influences that influence the life and
habits of man or any other organism or collection of organisms;
'general release' means the
introduction of genetically modified organisms into the environment by whatever
means, where the organisms are no longer contained by any system of barriers
and are no longer under any person's control, so that the organism is likely to
survive and be disseminated;
'gene therapy' means a technique for
delivering functional genes (to replace aberrant ones) into living cells by
means of a genetically modified vector or by physical means in order to
genetically alter the living cell;
'genetically modified organism'
means an organism the genes or genetic material of which has been modified in a
way that does not occur naturally through mating or natural recombination or
both, and 'genetic modification' shall have a corresponding meaning;
'hazard' means an intrinsic
biological, chemical or physical characteristic of a genetically modified
organism which could lead to an adverse impact on the environment;
'inspector' means any person
appointed as an inspector in terms of section 15;
'Minister' means the Minister for
Agriculture;
'monitoring' means the maintaining
of regular surveillance over, the checking of, the warning about or the
recording of a situation or process;
'notification' means the
presentation to the Council of documents containing the information required by
the Council;
'officer' means an officer as
defined in section 1 (1) of the Public Service Act, 1994 (Proclamation 103 of
1994), read with section 1 of the Public Service Amendment Act, 1996 (Act 13 of
1996);
'organism' means a biological
entity, cellular or noncellular, capable of metabolism, replication,
reproduction or of transferring genetic material and includes a micro-organism;
'permit' means a permit referred to
in section 5 (a) and includes a written authority;
'prescribed' means prescribed by
regulation;
'registrar' means the person
appointed under section 8;
'regulation' means a regulation made
under this Act;
'risk' means the probability of
causing or incurring a loss or damage or an adverse impact or a misfortune;
'this Act' includes the regulations;
'trial release' means the deliberate
release of genetically modified organisms into the environment in the open
under conditions where the degree of dissemination of the genetically modified
organisms is limited by chemical or physical barriers or by built-in barriers
which prevent the survival of such organisms in the environment;
'user' means any natural or legal
person or institution responsible for the use of genetically modified organisms
and includes an end-user or consumer;
'waste' means any matter, whether
gaseous, liquid or solid or any combination thereof, which is, in the opinion
of the person in whose possession or under whose control it is, an undesirable
or superfluous by-product, emission, residue or remainder of any process or activity
in connection with genetically modified organisms.
2 Application of Act
(1) This Act shall apply to-
(a) the genetic modification of
organisms;
(b) the development, production,
release, use and application of genetically modified organisms (including
viruses and bacteriophages); and
(c)
the use of gene therapy.
(2) This Act shall not apply to
techniques-
(a)
involving human gene therapy;
(b) in which recombinant DNA molecules
or genetically modified organisms are employed-
(i) in
in vitro fertilisation in humans and animals;
(ii) in
conjugation, transduction, transformation or any other natural process; and
(iii) in polyploidy induction;
(c) in which genetically modified
organisms as recipient or parental organisms are not employed-
(i) in
mutagenesis;
(ii) in
the construction and use of somatic hybridoma cells; and
(iii) in cell fusion (including protoplast fusion) of plant
cells.
3 Executive Council of Genetically
Modified Organisms
(1) There is hereby established a
council to be known as the Executive Council for Genetically Modified
Organisms, which shall consist of not more than eight members appointed by the
Minister.
(2) The members referred to in
subsection (1)-
(a) shall be one officer of each of the
following national departments of State:
(i) The
Department of Agriculture;
(ii) the
Department of Arts, Culture, Science and Technology;
(iii) the Department of Environmental Affairs and Tourism;
(iv) the
Department of Health;
(v) the
Department of Labour; and
(vi) the
Department of Trade and Industry,
who shall have knowledge of the
implications of genetically modified organisms with regard to the sector
represented by his or her department;
(b) shall include the chairperson of the
Committee; and
(c) may include any other person.
(3) The Minister shall designate a
chairperson and a deputy chairperson from among the members of the Council.
(4) The deputy chairperson shall
exercise all the powers and perform all the duties of the chairperson whenever
the chairperson is unable to do so.
4 Objectives of Council
The Council shall advise the
Minister on all aspects concerning the development, production, use,
application and release of genetically modified organisms, and to ensure that
all activities with regard to the development, production, use, application and
release of genetically modified organisms are performed in accordance with the
provisions of this Act.
5 Powers and duties of Council
In order to achieve its objectives,
the Council may-
(a) require any applicant for a permit
to use facilities for the development, production, use or application of genetically
modified organisms or to release such organisms into the environment, to submit
to the Council through the registrar, an assessment of the risk and, where
required, an assessment of the impact on the environment of such development,
production, use, application or release, as the case may be;
(b) require the registrar to examine the
conformity of an application to the requirements of this Act;
(c) require the registrar to maintain a
register of all facilities involved in the contained use or the trial release
of genetically modified organisms as well as the names and addresses of persons
concerned with such contained use or trial release of genetically modified
organisms;
(d) require notification by the
applicant of any intended change in the type of activities or release involving
genetic modification of organisms being undertaken at facilities for which
approval was granted in terms of paragraph (g), in which case the Council may
require the applicant to apply for a new permit;
(e) require the registrar to arrange for
the inspection by an inspector of facilities where activities with or the
release of genetically modified organisms are being undertaken;
(f) require the registrar to arrange for
the inspection of all activities as he or she may deem necessary, including
contained use, trial release and general release to ensure that all terms and
conditions attached to a permit issued under this Act are complied with;
(g) after consideration of the risk
assessment and, where required, the environmental impact assessment referred to
in paragraph (a), and in consultation with the Committee, approve, subject to
the provisions of this Act and any other law and in accordance with such terms
and conditions as the Council may deem necessary, the use of the facilities
concerned for the purpose for which the application was made, or the release of
genetically modified organisms into the environment, and authorise the
registrar to issue a permit accordingly;
(h) (i) require
that the user immediately notify the registrar both orally and in writing of
any accident involving genetically modified organisms and require that the
registrar be supplied with information on the circumstances of the accident,
the identity and quantity of genetically modified organisms releases, any
information necessary to assess the impact of the accident on the environment
and the emergency measures taken to avoid or mitigate any adverse impact of
such accident on the environment;
(ii) require
the registrar to appoint a panel to enquire into and report on the causes of an
accident, and to make recommendations to the Minister with a view to avoiding
similar accidents in the future and with a view to limiting the adverse impact
of such accidents;
(i) inform any other country of any
accident that may have an impact on that country's environment;
(j) co-operate or enter into agreements
with any person or institution upon such conditions as the Council and the
person or institution concerned may agree upon;
(k) promote co-operation between the
Republic and any other country with regard to research, development and
technology transfer in the field of the genetic modification of organisms;
(l) with the consent of the Minister
approve and publish guidelines for all uses of genetically modified organisms;
(m) advise the Minister on-
(i) prohibitions;
(ii) the
authorisation and exercise of the necessary control of imports;
(iii) the development, production, use, application, release
and distribution of genetically modified organisms;
(iv) the
authorisation or notification of contained uses;
(v) the
authorisation of trial or general releases;
(vi) the
control measures to be taken in the event of an accident;
(vii) any other matter with regard to genetically modified
organisms;
(n) make recommendations to the Minister
on the appointment of members to the Committee.
6 Vacancies in Council
(1) A vacany in the Council shall
occur when a member-
(a)
ceases to be an officer;
(b) is absent without leave from more
than three consecutive meeting of the Council;
(c) resigns;
(d) is removed from the office in terms
of subsection (2);
(e) dies.
(2) The Minister may at any time
remove a member of the Council from office if the Minister is of the opinion
that such member is no longer competent to fill his or her office or that he or
she has misconducted himself or herself.
(3) A vacancy in the Council shall
be filled as soon as practicable in accordance with section 3.
(4) Whenever the Minister is
satisfied that any member of the Council is prevented by illness or any other
reason from performing the duties of his or her office, the Minister may
appoint any other person whom he or she considers suitable to act as the deputy
of that member while such member is so prevented, and such deputy shall during
the period he or she so acts, perform the functions of the member in whose
stead he or she has been appointed so to act: Provided that a person appointed
as the deputy of the chairperson or the deputy chairperson shall only perform
the duties of an ordinary member, unless the Minister otherwise directs.
7 Meetings of Council
(1) Meetings of the Council shall be
held at such times and places as the chairperson may determine from time to
time: Provided that the first meeting shall be held at a time and place
determined by the Minister.
(2) The quorum for any meeting of
the Council shall be a majority of the members.
(3) A decision of the Council shall
be reached on the basis of consensus.
(4) The Council may determine its
own procedures to be followed at its meetings and cause minutes to be kept of
its proceedings.
(5) The Council may co-opt other
knowledgeable persons to serve on the Council in order to advise the Council
whenever the Council deems it necessary.
(6) The Council may invite written
comment from knowledgeable persons on any aspect of genetic modification which
lies within the Council's brief.
8 Appointment of registrar
(1) (a) As soon as possible after
the composition of the Council and whenever necessary thereafter the Minister
shall, after consultation with the Council, appoint a suitably qualified and
experienced person as registrar.
(b) An appointment under paragraph
(a)-
(i)
shall terminate if the person
resigns as registrar;
(ii) may be terminated by the Minister if
the registrar does not perform his or her duties satisfactorily.
(2) The registrar-
(a) is charged with the administration
of this Act;
(b) may exercise such powers and perform
such duties as may be conferred upon or delegated or assigned to him or her by
or under this Act or by the Council.
(3) Whenever the registrar is for
any reason absent or unable to perform his or her functions, or whenever a
vacancy in the office of the registrar occurs, the Council may designate a
member of its staff to act in that capacity until the registrar resumes his or
her functions, or a registrar is appointed in terms of subsection (1), and that
member has, while so acting, such powers and shall perform such duties of the
registrar as may be delegated or assigned to him or her by the Council.
(4) Any action of the registrar may
at any time be withdrawn or amended by the Minister.
(5) The Director-General shall
designate, subject to the provisions of the Public Service Act, 1994
(Proclamation 103 of 1994), as many officers of the department as may be
necessary to assist the registrar in the exercise of his or her powers and the
performance of his or her duties.
9 Functions of registrar
The registrar shall, subject to the
instructions of and the conditions laid down by the Council-
(a) issue a permit as required or
prescribed under this Act;
(b) where he or she has ascertained or
suspects on reasonable grounds that genetically modified organisms are being
imported or locally produced or used contrary to the provisions of this Act or
the conditions of a permit issued thereunder-
(i) serve
a notice upon any person by whom or on whose behalf genetically modified
organisms are being so imported into, produced or used in the Republic for the
removal of such genetically modifed organisms to a place or facility and in a
manner prescribed by the Council; and
(ii) authorise
an inspector to destroy such genetically modified organisms or cause it to be
destroyed, subject to procedures and other provisions as set out in this Act;
(c) amend or withdraw a permit issued
under this Act;
(d) furnish an inspector with a
certificate of appointment;
(e) require the cessation of any genetic
modification activity at facilities where the provisions of this Act or the
conditions of a permit have not been or are not being complied with; and
(f) ensure that appropriate measures are
undertaken by all users at all times with a view to the protection of the
environment from hazards.
10 Advisory Committee
(1) There is hereby established an
Advisory Committee which shall consist of not more than ten persons appointed
by the Minister after the recommendation of the council for a period not
exceeding five years of whom-
(a) not more than eight members shall be
knowledgeable persons in those fields of science applicable to the development
and release of genetically modified organisms;
(b) two persons shall be from the public
sector and shall have knowledge of ecological matters and genetically modified
organisms.
(2) The Council shall, in
recommending members for appointment to the Committee, endeavour to achieve
representation from all the fields of expertise involved with genetically
modified organisms.
(3) The Minister shall, after the
recommendation of the Council, designate any member of the Committee as
chairperson.
(4) In the absence of the
chairperson the remaining members of the Committee shall elect an acting
chairperson from their number.
(5) The acting chairperson shall
exercise all the powers and perform all the duties of the chairperson whenever
the chairperson is unable to do so.
(6) A member of the Committee whose
period of office has expired shall be eligible for reappointment.
11 Functions of Committee
(1) The Committee shall-
(a) act as the national advisory body on
all matters concerning or related to the genetic modification of organisms;
(b) advise, on request or of its own
accord, the Minister, the Council, other Ministries and appropriate bodies, on
matters concerning the genetic modification of organisms and, inter alia,
advise them-
(i) on
all aspects relating to the introduction of gentically modified organisms into
the environment;
(ii) on
proposals for specific activities or projects concerning the genetic modification
of organisms;
(iii) on all aspects concerning the contained use of
genetically modified organisms;
(iv) on
the importation and exportation of genetically modified organisms; and
(v) on
proposed regulations and written guidelines;
(c) liaise, through the relevant
national departments, with international groups or organisations concerned with
biosafety; and
(d) invite written comments from
knowledgeable persons on any aspect of the genetic modifications of organisms
which lies within the Committee's brief.
(2) The Committee may appoint
subcommittees to deal with specific matters as required.
12 Funding
(1) To members of the Committee,
subcommittee members and the member referred to in section 3 (2) (c) shall be
paid such remuneration as the Minister, with the concurrence of the Minister of
Finance, may determine.
(2) The Committee shall annually and
in accordance with the departmental budgetary programme submit a budget to the
Council.
13 Conflict of interest
A person appointed to the Committee
shall immediately recuse himself or herself as a member of the Committee if a
subject matter is in issue in which he or she has any direct or indirect interest
or if, for any other reason, there is or there is likely to be a conflict of
interest as a result of his or her participation in the proceedings of the
Committee.
14 Prohibition of activities concerning
genetically modified organisms
The Minister may, on the
recommendation of the Council, by notice in the Gazette prohibit any activity
involving genetically modified organisms.
15 Inspectors
(1) The registrar may appoint any
officer, or with the approval of the Minister, any person who is not an
officer, as an inspector to exercise and perform the functions referred to in
subsection (4) and in section 16.
(2) Every inspector shall be
furnished with a certificate signed by the registrar stating that he or she has
been appointed as inspector under this Act.
(3) An inspector shall, at the
request of any person affected by the exercise or performance of a function by
such an inspector, exhibit the certificate referred to in subsection (2) to
such a person.
(4) An inspector may, on the
authority of a warrant issued in terms of subsection (5), conduct an
investigation to determine whether the provisions of this Act are being or have
been complied with, and may, for that purpose during normal office hours and
without giving prior notice, enter any place or facility in respect of which he
or she has reason to believe that a contravention of the provisions of this Act
is taking place-
(a) to inspect any activity or process
carried out in or upon such place or facility in connection with any activities
referred to in this Act;
(b) to request any information regarding
such an activity or process from the owner or person in charge of such place or
facility or from any person carrying out or in charge of the carrying out of
such activities;
(c) to seize any appliance, book,
statement or document and take samples of material or substances which appear
to provide proof of a contravention of any provision of this Act; and
(d) to give notice to the owner of any
material, substance, appliance, book, statement or document seized under
paragraph (c) or to the person who had control over it immediately before any
seizure under subparagraph (c) to remove the seized items at such person's own
cost within a period and to a place specified in such notice.
(5) (a) A warrant referred to in subsection
(4) shall be issued by a magistrate who has jurisdiction in the area in which
the place or facility in question is situated, and shall only be issued if it
appears from information on oath that there are reasonable grounds to believe
that any material, substance, appliance, book, statement or document that may
relate to a contravention of this Act, is upon or in such place or facility.
(b) A warrant issued in terms of
this section shall be executed with strict regard to decency and order.
(6) (a) If no criminal proceedings
are instituted in connection with any item referred to in subsection (5) (a),
seized in terms of subsection (4), or if it appears that such item is not
required at any trial for the purpose of evidence or an order of court, that
item shall be returned as soon as possible to the person from whom it was
seized.
(b) After the conclusion of criminal
proceedings any item seized in terms of subsection (4) and which served as an
exhibit in proceedings in which a person was convicted, shall be handed over to
the inspector to be destroyed or otherwise dealt with as instructed by the
registrar.
16 Routine inspections by inspectors
An inspector may during office
hours, withour warrant, enter any place or facility registered in terms of this
Act in order to-
(a)
open any container found in or
upon such place or facility and which the inspector believes on reasonable
grounds to contain material of any genetically modified organism;
(b)
examine the material of any
genetically modified organism and take samples thereof;
(c)
inspect any activity or
process carried out in or upon the place or facility in connection with
genetically modified organisms; and
(d)
require the owner or occupier
thereof to produce for inspection or for the purpose of obtaining copies or
extracts, thereof or therefrom any book, label shipping bill, bill of lading or
other document with respect to the administration of this Act.
17 Determination of risks and liability
(1) Users shall ensure that
appropriate measures are taken to avoid an adverse impact on the environment
which may arise from the use of genetically modified organisms.
(2) The liability for damage caused
by the use or release of a genetically modified organism shall be borne by the
user concerned: Provided that when such an organism was in the possession of an
inspector as set out in section 15 (4), the user concerned at the time of such
use or release shall not be held liable for any damage unless such user foresaw
or should have foreseen such damage and could or should have prevented the
damage but failed to take reasonable action to prevent such damage.
18 Confidentiality
(1) No person shall disclose any
information acquired by him or her through the exercise of his or her powers or
the performance of his or her duties in terms of this Act, except-
(a) in so far as it is necessary for the
proper application of the provisions of this Act;
(b) for the purposes of any legal
proceedings under this Act;
(c) when ordered to do so by any
competent court; or
(d) if he or she is authorised to do so
by the Minister.
(2) The Council shall decide, after
consultation with the applicant, which information will be kept confidential
and shall inform the applicant of its decision: Provided that the following
information shall not be kept confidential-
(a) the description of the genetically
modified organisms, the name and address of the applicant, and the purpose of
the contained use or release and the location of use;
(b) the methods and plans for the
monitoring of the genetically modified organisms and for emergency measures in
the case of an accident; and
(c) the evaluation of foreseeable
impacts, in particular any pathogenic or ecologically disruptive impacts.
(3) Notwithstanding the provisions
of subsection (2), the Council may after consultation with the applicant and if
the Council is satisfied on the grounds of information furnished by the
applicant that certain information should be withheld in order to protect the
intellectual property of the applicant, withhold such information for the
period needed to protect such rights.
(4) If, for whatever reasons, the
applicant withdraws an application, any party who has knowledge of the details
of the application must respect the confidentiality of the information
supplied.
19 Appeals
(1) A person who feels aggrieved by
any decision or action taken by the Council, the registrar or an inspector in
terms of this Act may, within the period and in the manner prescribed and upon
the payment of the prescribed fee, appeal against such decision or action to
the Minister, who shall appoint an appeal board for the purpose of the appeal
concerned.
(2) (a) An appeal board shall
consist of the person or persons who, in the opinion of the Minister, has or have expert knowledge
and who is or are otherwise suitable to decide on the issues of the appeal
concerned.
(b) If an appeal board consisting of
more than one person is appointed, the Minister shall designate one of the
members as a chairperson of that appeal board.
(c) A person appointed under
paragraph (a), shall recuse himself or herself as a member of the appeal board
if he or she has any direct or indirect interest in the subject matter of the
appeal or if, for any other reason, there is or there is likely to be a
conflict of interests as a result of his or her participation in the
proceedings of the appeal board.
(3) There may be paid to a member of
an appeal board who is not in the full-time employment of the State, from money
appropriated by Parliament for such purpose, such remuneration or allowances as
the Minister, with the concurrence of the Minister of Finance, may determine.
(4) An appeal board may-
(a) confirm, set aside or amend the
decision or action concerned which is the subject of the appeal;
(b) refer the relevant matter back to
the registrar for reconsideration by the Council; or
(c) make such other order as it may deem
fit.
(5) If a decision or action which is
the subject of an appeal-
(a) is set aside, the fee referred to in
subsection (1) shall be refunded to the appellant concerned; or
(b) is amended, such portion of the fee
referred to in subsection (1) as the appeal board concerned may determine,
shall be refunded to the appellant.
(6) The decision of an appeal board,
together with the reasons therefor, shall be reduced to writing, and copies
thereof shall be furnished to the Minister, whereupon the Minister may take
such further action as he or she may deem necessary.
20 Regulations
(1) The Minister may make
regulations-
(a) regarding the applications for and
the issue of permits in terms of this Act;
(b) prescribing the procedure to be
followed by an applicant for the purpose of drawing up risk assessments and
environmental impact assessments for submission to the Council in terms of this
Act;
(c) prescribing the fees payable in
respect of any application, matter or document;
(d) regarding the classification and
types of genetically modified organisms;
(e)
regarding requirements for the
contained use of genetically modified organisms;
(f) regarding requirements for
laboratory development of genetically modified organisms;
(g) regarding the standards to which
facilities for activities involving genetically modified organisms should
conform;
(h) regarding requirements for trial
release of genetically modified organisms;
(i) regarding requirements for the
effective management of waste;
(j) regarding information to be
submitted to the Council in the case of a notification in terms of this Act;
(k) regarding requirements for the
general release and marketing of genetically modified organisms;
(l) regarding the importation and
exportation of genetically modified organisms;
(m) regarding the registration of a
place or facility where activities concerning genetically modified organisms
are undertaken;
(n) prescribing-
(i) the
manner in which and period within which an appeal under section 18 should be
lodged;
(ii) the
fee payable in respect of such an appeal;
(iii) the procedure at the proceedings of an appeal board; and
(iv) the
period within which an appeal board shall decide on an appeal;
(o) prescribing control measures which
shall be complied with by a user;
(p) regarding classes of genetically
modified organisms exempted from control under this Act; and
(q) concerning, generally, any matter
which he or she considers necessary or expedient to prescribe in order that the
objects of this Act may be better achieved, the generality of the powers
conferred by this paragraph not being limited by the provisions of the
preceding paragraphs.
(2) Any regulations made under
subsection (1) may provide that any person who contravenes or fails to comply
with a provision thereof, shall be guilty of an offence and liable on
conviction to a fine, or to imprisonment for a period not exceeding two years.
21 Offences and penalties
(1) Any person who-
(a)
contravenes or fails to comply
with any condition, restriction, prohibition, reservation or directive imposed
or issued in terms of this Act;
(b) obstructs or hinders any inspector
in the exercise of his or her powers or the performance of his or her duties in
terms of this Act or refuses to furnish information as required in terms of
this Act to the registrar;
(c) refuses or fails to furnish
information or give an explanation or to reply to the best of his or her
ability to a question lawfully demanded from or put to him or her by any
inspector in the performance of his or her functions in terms of this Act, or
furnished information, an explanation or a reply to any inspector which is
false or misleading, knowing that it is false or misleading; or
(d) falsely holds himself or herself out
to be an inspector or any other officer appointed in terms of this Act,
shall
be guilty of an offence.
(2) Any person convicted of an
offence under this Act, shall-
(a) on a first conviction be liable to a
fine, or to imprisonment for a period not exceeding two years; and
(b) on a second or subsequent conviction
be liable to a fine, or to imprisonment for a period not exceeding four years.
(3) Notwithstanding anything to the
contrary in any law contained, a magistrate's court shall be competent to
impose any penalty or make any order prescribed by this Act.
22 Delegation of powers
The Minister may, subject to such
conditions as he or she may determine, in writing delegate any power conferred
upon him or her by this Act, other than a power referred to in section 20, to
an officer employed by the department, but shall not be divested of any power
so delegated and may amend or set aside any decision of the delegate made in
the exercise of such power.
23 Short title and commencement
This Act shall be called the
Genetically Modified Organisms Act, 1997, and shall come into operation on a
date to be fixed by the President by proclamation in the Gazette.