Sugar Act, 1978 (Act No. 9 of 1978)Sugar Industry Agreement, 2000Chapter 3 : Production of Cane77 - 81. Pests and Diseases and the Compulsory Harvesting or Destruction of Cane |
| 77. | If, in the opinion of the South African Sugar Association, it is expedient that remedial operations on or the harvesting or destruction of any cane infested with any pest or disease be made compulsory in any control area or part of a control area, the South African Sugar Association may by notice in the Gazette proclaim the control area or a part of a control area as an area (a “proclaimed area”) in which remedial operations on or the harvesting or destruction of cane infested with the pest or disease in question shall be compulsory on all growers in respect of land situated within the proclaimed area. |
| 78. | The South African Sugar Association may in the notice referred to in clause 77, publish such procedures, directions or orders as it may determine for the purpose of regulating remedial operations to be carried out on or the harvesting or destruction of cane and the South African Sugar Association may from time to time and in like manner amend or withdraw any notice or suspend the operation of any notice for such period as it may deem fit or in relation to such part of the proclaimed area as it may specify. |
| 79. | Each grower in respect of land situated within a proclaimed area shall carry out the remedial operations or the harvesting or destruction of cane with a view to the eradication of the pest or disease in question as may be required to be complied with in terms of a notice referred to in clause 77. |
| 80. | If the grower fails or omits to promptly comply with, to the satisfaction of the Local Pest, Disease and Variety Control Committee concerned, any procedure, direction or order published in terms of the notice, the committee may, at the expense of the grower, cause the procedure, direction or order to be carried out and the grower shall forfeit all rights to the proceeds, if any, of any cane harvested upon the land in question, which proceeds shall be payable to the South African Sugar Association. |
| 81. | If the proceeds referred to in clause 80, are insufficient to meet the costs incurred by the South African Sugar Association in causing any procedure, direction or order so carried out, the South African Sugar Association shall be entitled to claim the shortfall from the grower and a certificate by the South African Sugar Association's auditor as to the amount so due shall be prima facie proof of the amount. |