Animal Health Act, 2002 (Act No. 7 of 2002)21. Compensation |
| (1) | Subject to subsection (4), the owner of any animal or thing that has been destroyed or otherwise disposed of pursuant to any prescribed measure, or any provision of section 20(1) or (3), or any other provision of this Act, by the national executive officer or on his or her authority, may submit an application for compensation for the loss of the animal or thing to the national executive officer. |
| (2) | The national executive officer may, taking into consideration- |
| (a) | the applicable compensation, based on a fair market value of the animal or thing, that has been prescribed for purposes of this section or, where no compensation has been so prescribed, any amount fixed by him or her in accordance with any criterion deemed applicable by the national executive officer; |
| (b) | the value of any thing that has, in connection with the animal or thing, been returned to the owner; |
| (c) | any amount that is due to the State by the owner pursuant to any provision of this Act in respect of the animal or thing; and |
| (d) | any amount that may accrue to the owner from any insurance thereof, fix a fair amount as compensation. |
| (3) | Despite subsection (2), the national executive officer must, where a carcass has been disposed of in terms of section 20(3), fix the net income accruing from such disposal against any amount payable to the State by the owner concerned by virtue of any provision of this Act in respect of that carcass, to be set off, as compensation in respect of the carcass, if— |
| (a) | the owner is otherwise entitled in terms of this section to compensation; and |
| (b) | the net income exceeds the amount prescribed in respect of any such carcass. |
| (4) | No compensation is payable for the destruction or disposal, in terms of this Act, of any animal or thing that has been connected with the commission of an offence in terms of this Act, or in respect of which such offence has been committed. |