Agricultural Pests Act, 1983 (Act No. 36 of 1983)

7. Orders with regard to land

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(1) An executive officer may by written notice, which shall be served in the prescribed manner, order any user of land to observe or carry out the provisions of a particular control measure on or with respect to any quarantine area determined in that order, or to do or omit to do any other act on or with respect to such quarantine area in order to further the objects of this Act.

[Section 6(1) substituted by section 7(a) of Act No. 9 of 1992]

 

(2) Such an order may provide that anything required in terms thereof, shall be done or omitted in the manner or within or during the period mentioned therein.

 

(3) The executive officer concerned may, upon application by the user of land concerned and against payment of the prescribed fees, if any, withdraw or amend an order, and for that purpose carry out the necessary inspection of the quarantine area.

[Section 6(3) substituted by section 7(b) of Act No. 9 of 1992]

 

(4)
(a) Notwithstanding any prohibition in an order referred to in subsection (1) the executive officer concerned may in writing authorize a user of land to remove anything from the quarantine area concerned in order to cleanse or destroy it.
(b) An application for such authority shall be submitted in writing to the executive officer concerned.

[Section 6(4) substituted by section 7(b) of Act No. 9 of 1992]

 

(5)
(a) If anything has been destroyed by virtue of an order contemplated in subsection (1) the Minister may, with the concurrence of the Minister of Finance, out of moneys appropriated by Parliament for that purpose pay such compensation as he may consider reasonable in respect thereof.

[Section 6(5)(a) substituted by section 3 of Act No. 47 of 1986]

(b) An application for the payment of compensation in terms of paragraph (a) shall only be considered if it is submitted in writing to the executive officer concerned within 90 days after the date on which the things in question have been destroyed.

[Section 6(5)(b) substituted by section 7(c) of Act No. 9 of 1992]