CHAPTER 24:04
CHEMICAL WEAPONS (PROHIBITION)

ARRANGEMENT OF SECTIONS

    SECTION

Part I
Preliminary

    1.    Short title

    2.    Interpretation

Part II
Establishment of Authority

    3.    Chemical Weapons Management Authority

    4.    Functions of Authority

Part III
Establishment and membership of Board

    5.    Establishment and membership of Board

    6.    Functions of Board

    7.    Meetings of the Board

    8.    Disclosure of interest

    9.    Confidentiality

    10.    Secretarial Services

Part IV
Chemical weapons and chemicals for permitted purposes

    11.    Chemical weapons

    12.    Schedule 1 chemicals and precursors

    13.    Schedule 2 chemicals

    14.    Schedule 3 chemicals

    15.    Chemical facilities

Part V
Notifications and declarations

    16.    Notifications of finding of substances or articles believed to be chemical weapons

    17.    Notifications and declarations for Schedule 1 chemicals

    18.    Declarations for Schedule 2 chemicals

    19.    Declarations for Schedule 3 chemicals

    20.    Declarations by Authority

Part VI
Inspections and enforcement

    21.    Inspectors

    22.    Inspections

    23.    Powers of entry and search

    24.    Members of the Police Service to have powers of inspectors in certain circumstances

    25.    Forfeiture and seizure of chemical weapons

    26.    Indemnity

Part VII
Miscellaneous provisions

    27.    Director may seek information

    28.    Extra-territoriality jurisdiction

    29.    Regulations

        SCHEDULES

Act 25, 2014,
S.I. 148, 2014.

An Act to provide for the prohibition of the development, production, acquisition, stockpiling, retention, transfer and use of chemical weapons and other matters incidental thereto.

[Date of Commencement: 1st January, 2015]

Part I
Preliminary (ss 1-2)

1.    Short title

    This Act may be cited as the Chemical Weapons (Prohibition) Act.

2.    Interpretation

    (1) In this Act, unless the context otherwise requires—

    “Authority” means the Chemical Weapons Management Authority established under section 3;

    “Board” means the Board established under section 5 of the Act;

    “chemical weapon” means—

    (a)    toxic chemicals and their precursors, except where intended for—

        (i)    peaceful purposes,

        (ii)    purposes relating to protection against toxic chemicals, or

        (iii)    law enforcement purposes within the State,

as long as the types and quantities are consistent with such purposes;

    (b)    munitions and devices specifically designed to cause death or other harm through the toxic properties of those toxic chemicals defined in paragraph (a) of this definition which would be released as a result of the employment of such munitions and devices; or

    (c)    any equipment specifically designed for use directly in connection with the employment of those munitions or devices;

    “Convention” means the Convention on the Prohibition, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, signed by the State Parties at Paris, France on the 13th day of January, 1993, as amended from time to time;

    “Director” means the Director of the Authority appointed under section 3 (2);

    “facility” means any equipment, including any building or vessel housing the equipment, where at any stage in the production of chemicals, the material flows would contain any of the scheduled chemicals;

    “inspector” means a person appointed as such under section 21;

    “licensee” means a person to whom a licence has been issued under this Act;

    “member” means a member of the Board appointed under section 5;

    “non-State Party” means a State that is not a signatory to the Convention;

    “Organisation” means the Organisation for the Prohibition of Chemical Weapons established under the Convention;

    “precursor” means any chemical reactant which is used in the production of a chemical weapon or any toxic chemical;

    “riot control agent” means any chemical not listed in a Schedule, which can produce rapidly in humans sensory irritation or disabling physical effects disappear within a short time following termination of exposure;

    “Schedule 1 chemical” means a chemical listed in Schedule 1 to this Act;

    “Schedule 2 chemical” means a chemical listed in Schedule 2 to this Act;

    “Schedule 3 chemical” means a chemical listed in Schedule 3 to this Act;

    “scheduled chemical” means a chemical that is listed in the Schedules to this Act;

    “State Party” means a State that is a signatory to the Convention; and

    “toxic chemical” means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals.

Part II
Establishment of Authority (ss 3-4)

3.    Chemical Weapons Management Authority

    (1) There is hereby established a public office to be called the Chemical Weapons Management Authority.

    (2) Subject to the laws governing the public service, there shall be appointed a Director and such other officers of the Authority as may be deemed necessary.

    (3) The Authority shall be under the general supervision of the Director.

    (4) The objective of the Authority shall be to manage and control the use of toxic chemicals as well as to regulate the field of chemistry so as to ensure that its exclusive use is for the benefit of mankind.

4.    Functions of Authority

    (1) The Authority shall be the principal agency in Botswana for the management of toxic chemicals and shall co-ordinate, monitor and supervise all activities related to chemicals in addition to any other power conferred on it by this Act.

    (2) Notwithstanding the generality of subsection (1), the Authority shall—

    (a)    institute measures for the implementation of the Convention both solely and in co-operation with other public bodies, organs of Government, non-governmental organisations, private sector organisations and members of the public;

    (b)    monitor the implementation of this Act and assess its effectiveness in improving the level of protection, control and prevention of the use of toxic chemicals in Botswana, and to advise the Minister on ways of giving effect to the purposes of this Act effectively;

    (c)    issue any licence or permit required under this Act;

    (d)    keep and maintain a register of licences and permits issued under this Act, and notifications and declaration made under this Act;

    (e)    prepare an annual report of all notifications, facilities and any other matter connected with the prohibition of the production, development, acquisition, stockpiling, retention, use and transfer of toxic chemicals, and their destruction;

    (g)    publish and disseminate manuals, standards, codes of practice and guidelines relating to toxic chemicals management;

    (h)    carry out research, promote and co-ordinate information and data collection relating to the chemical industry;

    (i)    conduct inspections and take other measures to monitor compliance with this Act and to conduct investigations into alleged contraventions of this Act;

    (j)    investigate any matter that may have a negative effect on the chemical industry, and make recommendations thereon to the Minister; and

    (k)    perform other functions incidental or conducive to the operation of this Act as assigned to it by the Minister from time to time.

Part III
Establishment and membership of Board (ss 5-10)

5.    Establishment and membership of Board

    (1) There is hereby established a Board of the Authority which shall perform such functions as may be conferred on it under this Act.

    (2) The Board shall consist of the following members appointed by the Minister—

    (a)    the Permanent Secretary from the ministry of defence, justice and security;

    (b)    a nominee from the ministry responsible for agriculture;

    (c)    a nominee from the ministry for health;

    (d)    a nominee from the Attorney-General’s Chambers;

    (e)    a member from the ministry for environment, wildlife and tourism;

    (f)    the Director of the Radiation Inspectorate established under the Radiation Protection Act (Cap. 24:03);

    (g)    a nominee from the Botswana Police Service;

    (h)    a nominee from the Botswana Defence Force;

    (i)    the Director of International Trade;

    (j)    the Director as an ex-officio member;

    (k)    two persons who possess the skill, experience and competence in environmental issues, chemicals and other chemistry-related professions;

    (l)    a representative of the mines or mining industry; and

    (m)    a representative of the Botswana Institute for Technology, Research and Innovation.

    (3) The Permanent Secretary from the ministry of defence, justice and security shall be the Chairperson of the Board and the members shall elect a member from among their number to be the Vice-Chairperson.

6.    Functions of Board

    (1) The Board shall—

    (a)    determine policies for giving effect to the objects and purposes of the Act;

    (b)    advise the Minister to change, review or formulate toxic chemical policies and strategies where necessary;

    (c)    recommend standards, codes of practice, guidelines and legislation to the Minister; and

    (d)    investigate any matter that may have a negative effect on the chemical industry, and make recommendations thereon to the Minister.