The African Centre for Biosafety (ACB) has done considerable work with regard to the need for environmental impact assessments of GMOs and the limitations of current legislation. This work can be found on the ACB‘s website, www.biosafetyafrica.org.za
We have perused the new Environmental Impact Assessment (EIA) Regulations, regulating procedures and criteria for conducting EIAs as set out in chapter 5 of the National Environmental Management Act no 107 of 1998 (NEMA), which came into effect on 2 August 2010.i
These have been changed in a number of respects, but the situation in respect of GMOs remain unchanged. The listing of GMOs as a schedule 1 activity under the National Environmental Management and Biodiversity Act, 2004 (NEMBA) is still the same, meaning that only a basic assessment needs to be conducted when GMOs are released into the environment.ii However, the new section 78 of NEMBA, amended in 2009, does give the Minister of Water and Environmental Affairs the authority to call for an EIA when there is reason to believe that the release may pose a threat to any indigenous species or the environment. To date, the Minister has not used her Authority to do so.