Animal Health Act, 2002 (Act No. 7 of 2002)15. Assumption of control over land, animal or thing |
| (1) | The national executive officer may, for any controlled purpose, declare by notice referred to in subsection (4), that he or she assumes control over any land, animal or thing for such controlled purpose. |
| (2) | The control referred to in subsection (1) must be exercised if the national executive officer is satisfied that— |
| (a) | the owner or user, as the case may be, of the land or owner of the animal or thing refuses, fails or is unable to apply a prescribed measure in question in a manner that will ensure the achievement of the objects thereof; or |
| (b) | the occurrence of any animal disease in the animal or thing on such land or adjoining land, threatens or could detrimentally affect the animal health status in the province in question or any specific part thereof, or in any other province, or the Republic as a whole. |
| (2) | Assumption of control over land may be in respect of any land or a specified part thereof and may include all or specified fences, structures, facilities and improvements on such land. |
| (4) | A notice of assumption of control must— |
| (a) | be served in a prescribed manner on the owner or user, as the case may be, of the land in question, or on the owner of the animal or thing in question; |
| (b) | define the land and specify the extent of such assumption as referred to in subsection (3); |
| (c) | specify the reason for assumption of control over the land as referred to in subsection (3); |
| (d) | specify the date of commencement of such assumption of control; and |
| (e) | where possible, specify the duration of such assumption of control. |
| (5) | Subject to subsection (6), the national executive officer may at any time after a notice has been served and as from the commencement date specified therein— |
| (a) | enter upon and occupy the land, and take with him or her any such assistance, officers, conveyance, appliance, instruments, tools, remedies and other things as the national executive officer may deem necessary for his or her purpose; |
| (b) | establish ac amp together with the necessary accessories and equipment on the land and construct a road giving access thereto; |
| (c) | erect any fence or gate thereon, or alter or remove any existing fence or gate; |
| (d) | use any suitable place on the land for the destruction or other disposal of any animal or thing, irrespective of whether or not it originated from or was found on that land; |
| (e) | make use of grazing, wood and water found on that land; |
| (f) | perform any controlled veterinary procedure or act on the land that the user or owner thereof, as the case may be, is required to perform in terms of this Act, and recover any expenditure connected therewith from such owner or user; |
| (g) | perform such other procedure or acts on or in respect of the land as the national executive officer may deem necessary for the controlled purpose. |
| (6) | Despite subsection (5), the national executive officer not effect any structural alterations or erect any permanent structures, except fences, on any land over which the national executive officer assumes control in terms of this section, unless the Minister has previously consented thereto. |