Animal Diseases Act, 1984 (Act No. 35 of 1984)10. Animal health schemes |
| (1) | The Minister may by notice in the Gazette establish a scheme in respect of any controlled purpose or for the improvement of animal health. |
| (2) | The Minister may in any such notice— |
| (a) | state the objects of the scheme; |
| (b) | define the kinds of animals and the animal disease or parasite to which the scheme shall apply; |
| (c) | specify the kinds of animals which are susceptible to the animal disease or parasite concerned, which are the carriers thereof or which may cause or spread it; |
| (d) | define the kinds of animals in respect of which, for the achievement of the objects of the scheme concerned, controlled veterinary acts or tests, examinations, treatments or disposals by the persons enrolled in the scheme, shall be done, applied or effected; |
| (e) | describe the manner in which animals referred to in paragraph (d) may become infected with the animal disease or parasite concerned, and the characteristics of such infection in each such kind of animal; |
| (f) | determine the tests to which the animals concerned, and the progeny or products thereof, shall be subjected, in order to ascertain whether they are infected with the animal disease or parasite concerned, and determine the methods according to which such tests shall be carried out, and the remedies or substances and equipment to be used for such tests; |
| (g) | describe the positive or negative results of tests referred to in paragraph (f), and furnish the interpretation of such results; |
| (h) | determine the further tests and examinations to which the animals concerned, and the progeny or products thereof, shall be subjected for the diagnosis of the animal disease or parasite concerned; |
| (i) | determine the manner in which animals which are infected with the animal disease or parasite concerned, and the progeny or products thereof, shall be treated, kept, cared for or otherwise disposed of, |
| (j) | determine the measures which shall be taken to prevent the infection or reinfection of the animals concerned, and the progeny or products thereof, with the animal disease or parasite concerned, or the spreading thereof, |
| (k) | determine the requirements for joining the scheme; |
| (l) | determine the manner in which a person intending to participate in such scheme shall apply for admission thereto, the particulars to be furnished in such application, and the circumstances under which such application must be refused; |
| (m) | determine the manner in which such person and the animals concerned shall be enrolled, and the circumstances under which such enrolment shall lapse or be cancelled; |
| (n) | determine the manner in which and the periods during which animals enrolled in terms of such scheme shall be kept, cared for and treated, and the control to which they shall be subjected; |
| (o) | specify the information to be recorded by any person enrolled in such scheme; |
| (p) | indicate the facilities which such person shall provide for purposes of the performance of any controlled veterinary act, or any other tending, detention, tests, treatments or examinations of the animals concerned; |
| (q) | specify the marks with which, and the manner in which, animals enrolled in terms of the scheme shall be marked; |
| (r) | determine the manner in which animals complying with the requirements of the scheme shall be certified, the restrictions on the use of such certificate and the circumstances under which such certificate shall lapse; |
| (s) | specify the tariffs which shall be payable in respect of services rendered in terms of such scheme; |
| (t) | determine other powers and duties to be exercised and performed by defined persons or officers in terms of such scheme; |
| (u) | determine the circumstances under which the provisions of the scheme shall be applicable to all owners of animals of the kind concerned in a defined area, and set out the directions which are to be complied with in respect of such animals in such area; and |
| (v) | provide generally for any other matter which, in his opinion, is necessary or expedient in order to further or better achieve the objects of the scheme, the generality of the powers conferred by this paragraph not being limited by the provisions of the preceding paragraphs. |
| (3) | Notwithstanding the provisions of subsection (2)(f), (g) and (h), the Minister may in a notice referred to in subsection (1) empower the director to determine the tests, examinations, positive and negative results and the interpretation thereof, and the additional tests and examinations required, in connection with a scheme. |
| (4) | The provisions of a scheme* shall be binding on a person who is, and in respect of the animals in respect of which he is an owner which are, enrolled in terms of the scheme. |
| (5) | The Minister may under subsection (1) establish different schemes for the improvement of animal health in general, or of the health of different kinds of animals, or in relation to different kinds of animal diseases or parasites. |
| (6) | The Minister may at any time by notice in the Gazette amend or revoke a scheme. |
| (7) |
| (a) | The Minister may, in a notice referred to in subsection (1), confer and impose the powers and duties to be exercised and performed in terms of the provisions of any scheme by any person other than a person enrolled in the scheme, upon the director or any other person or body: Provided that certain powers and duties may be conferred and imposed upon the director and other powers and duties conferred or imposed upon such other person or body: Provided further that if the director deems it expedient, he may himself exercise or perform any power or duty so conferred and imposed upon such other person or body. |
| (b) | Any power conferred or duty imposed upon the director or person or body under paragraph (a) may— |
| (i) | in the case of the director, be exercised and performed by the director personally or by any officer, or |
| (iI) | in the case of such person or body, be exercised and performed by such person himself or body itself, or by an employee or other person under the control or direction of the person or body concerned. |
| (8) | A person upon whom or body upon which powers and duties are conferred and imposed under subsection (7)(a) may, in respect of the exercising of those powers and the performance of those duties, be paid the allowances and other remuneration which the Minister determines. |