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Measure

Regulations

Type Class Valid From Valid To
General Goods 27/10/2008
Summary:

The Minister may create regulations on various aspects related to permits, fees, and the inspection and treatment of imported plant materials to prevent pests in Namibia. These regulations can cover procedures for quarantine, storage, and export, as well as the management of quarantine stations and exemptions for research. The regulations may vary in application, authorize specific approvals, and include penalties for non-compliance.
Description:

22. (1) The Minister may make regulations in relation to -

(a) the manner and form in which any permit or certificate or other document required in terms of this Act must be applied for or must be issued;(b) the fees and any other charges payable for any permit, certificate or other document issued, or for any service rendered or function performed, under this Act;
(c) the suspension or revocation of permits, or certificates or other documents provided for in this Act;
(d) the giving of prior notification by an importer of the intended date of arrival at a designated port of any regulated articles to be imported, including importations in transit, and the information to be furnished in relation thereto;
(e) the procedures to be adopted for the inspection and treatment of imported articles and the conveyances by means of which they are brought into Namibia, for the purpose of preventing or controlling the introduction of plant pests into Namibia;
(f) the disinfestation or disinfection of consignments of plants or plant products or other regulated articles imported or destined for import into or export from Namibia;
(g) the manner in which plant products must be stored or transported within Namibia;
(h) the inspection of any plant material, soil, packaging, or other regulated articles intended for export and the issue of appropriate phytosanitary certificates;
(i) the inspection of growing plants, lands or other premises, including wild flora and plant material in storage or being transported, to ascertain the presence or absence of plant pests;
(j) the manner in which a plant quarantine officer must arrange for the destruction, removal, uprooting, or treatment of plant material within a quarantine area;
(k) the management, and functioning of a quarantine station and the control and care of plants or other regulated articles kept or maintained in a quarantine station;
(l) the granting of exemption from any of the provisions of this Act to any person for the purpose of scientific research or experimentation and the conditions subject to which such exemption may be granted;

(m) the powers, duties and functions of persons engaged under contract under section 18;
(n) procedures to be followed by plant quarantine officers or other persons in the exercise of powers or the performance of obligations under this Act;
(o) the disposal of waste from aircraft and ships arriving in Namibia or from premises on which imported plants or plant products are washed, packed or processed in any way;
(p) the promotion of public awareness of plant pests and their prevention, eradication and control, including the use of beneficial organisms;
(q) the carrying out of the responsibilities of the Government under the Convention and any other international instrument relating to plant health or protection which is binding on Namibia; or
(r) any other matter required or permitted to be prescribed under this Act or which the Minister considers necessary or expedient to prescribe in order to further the objects of this Act.

(2) The regulations may -

(a) be of general or limited application;
(b) differ according to differences in time, place or circumstances;
(c) authorise any matter to be approved or determined by a plant quarantine officer or the Permanent Secretary: Agriculture; or
(d) prescribe penalties for any contravention of, or failure to comply with, any provision of the regulations, not exceeding a fine of N$4 000 or imprisonment not exceeding a period of 1 year or both such fine and such imprisonment.

Commodities Affected by the Measure

# HS Code Description
1 1701 Cane or beet sugar in solid form
2 2008 Fruit, nuts and other edible parts of plants otherwise prepared of preserved
3 2401 Unmanufactured tobacco; tobacco refuse
4 1201 Soya beans, whether or not broken
5 1202 Ground-nuts, not roasted or otherwise cooked, whether or not shelled or broken
6 1203 Copra
7 1204 Linseed, whether or not broken
8 1205 Rape or colza seed, whether or not broken
9 1209 Seeds, fruits and spores, of a kind used for sowing
10 1210 Hop cones, fresh or dried, whether or not ground, powdered or in form pellets; lupulin
11 0601 Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth or in flower: chicory plants and roots (excluding roots of heading)
12 0602 Other live plants (including their roots), cuttings and slips; mushroom spawn
13 0603 Cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared
14 0604 Foliage, branches and other parts of plants, without flowers or flower buds, and grasses, mosses and lichens being goods of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared
15 2001 Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid
16 2002 Tomatoes prepared or preserved otherwise than by vinegar or acetic acid
17 2003 Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid
18 2004 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen (excluding products of heading 20.06
19 2005 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen (excluding products of heading 20.06)
20 2006 Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised)
21 2007 Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter
22 2008 Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or r included
23 2009 Fruit or nut juices (including grape must and coconut water) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter
24 1507 Soya-bean oil and its fractions, whether or not refined, but not chemically modified
25 1508 Ground-nut oil and its fractions, whether or not refined, but not chemically modified
26 4411 Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances
27 4412 Plywood, veneered panels and similar laminated wood
28 4413 Densified wood, in blocks, plates, strips or profile shapes
29 4415 Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood
30 4418 Builders' joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes

Procedures Implementing the Measure

1 Procedure for applying for the import permit of plants and plant products
Activity Outcome Valid For Single Use
Import Import permit 3 Months No
2 Procedure for applying for transit permits of plants and plants products.
Activity Outcome Valid For Single Use
Transit Transit permit 21 Days No

Legal Documents Related to the Measure

Name Type Category
Promulgation of Plant Quarantine Act, 2008 (Act No. 7 of 2008) of the Parliament Act Import/Export