Genetically Modified Organisms Act, 1997 (Act No. 15 of 1997)17A. Recovery of costs |
| (1) | Subject to subsection (2), the Council may recover all costs incurred as a result of it acting under section 17(3) or section 5(1)(n). |
| (2) | The Council may in respect or the recovery of costs under subsection (1), claim proportionally from any other person who benefited from the measures undertaken under section 17(3) or section 5(1)(n). |
| (3) | The costs claimed under subsections (1) and (2) must be reasonable and may include, without being limited to, labour, administrative and overhead costs. |
| (4) | If more than one person is liable under subsection (2), the Council must, at the request of any of those persons, and after having given the others an opportunity to be heard. apportion the liability, but such apportionment does not relieve any of them of their joint and several liabilities for the full amount of the costs. |
| (5) | Any order referred to in subsections (1) and (2) shall have the effect of civil judgment in a magistrate’s court. |
| (6) | Any person affected by an order for costs awarded under this section may lodge an appeal to the appeal hoard in the manner contemplated in section 19. |
[Section 17A inserted by section 12 of Act No. 23 of 2006]