Sugar Act, 1978 (Act No. 9 of 1978)Sugar Industry Agreement, 2000Chapter 4 : Cane Delivery Estimates118. Road Maintenance |
Where, from 1 April 1984 until immediately before the date on which this agreement comes into operation, a mill has continued to be responsible for making available and maintaining a road over which a grower delivers cane to a mill, the mill shall, to the extent it continues to be legally entitled to do so and unless otherwise agreed between the mill and the grower, continue to make the road available to the grower and continue to maintain the same on the same basis as hitherto on condition that—
| (a) | if any authority assumes the obligation to maintain the road or provides a suitable alternative road, the mill's obligation shall cease; |
| (b) | subject to any contractual rights the mill may have, the mill shall not charge the grower or his or her transport contractor for the use of the road; and |
| (c) | the provisions of this clause shall not apply if the mill makes available or maintains the relevant road pursuant to a contractual obligation, which obligation shall not be deemed to be extended by the provisions of paragraph (b). |