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Agricultural Pests Act, 1983 (Act No. 36 of 1983)

1. Definitions

 

In this Act, unless the context otherwise indicates—

 

"apiary equipment"

means beehives, accessories to beehives and anything else in which honeybees, honey, beeswax or the eggs or larvae of honey-bees are kept or treated;

 

"authorized person"

means a person to whom a power or duty has been delegated or assigned under section 2 (4);

 

"control measure"

means a control measure contemplated in section 6;

 

"controlled goods"

means anything mentioned in paragraph (a) or (b) of section 3(1);

 

"department"

means the Department of Agriculture;

[Definition substituted by section 1(a) of Act No. 9 of 1992]

 

"Director-General"

[Definition deleted by section 1(b) of Act No. 18 of 1989]

 

"executive officer"

means an officer designated in terms of section 2(1);

[Definition substituted by section 1(b) of Act No. 9 of 1992]

 

"exotic animal"

means any vertebrate member of the animal kingdom which is not indigenous to the Republic, and includes the eggs of such a member, but does not include such a member which is an animal to which the Livestock Improvement Act, 1977 (Act 25 of 1977), applies or which is a fish as defined in section 1 of the Sea Fishery Act, 1988 (Act 12 of 1988);

[Definition substituted by section 1(c) of Act No. 18 of 1989]

 

"growth medium"

means any solid or liquid substance in which or on which plants are or can be cultivated, including soil in containers or structures used for the cultivation of plants;

 

"honey"

means honey, whether in combs or not, and pollen collected by honey-bees, and includes any preparation or product consisting of or containing honey or such pollen;

 

"import"

means to introduce controlled goods into the Republic or to bring about the introduction of such goods into the Republic;

[Definition inserted by section 1(d) of Act No. 18 of 1989]

 

"infectious thing"

means anything, except a plant, which may serve as a medium for the importation or spreading of any pathogen, insect or exotic animal;

 

"insect"

means any invertebrate member of the animal kingdom, irrespective of the stage of development thereof, but not such a member—

(a) included in the definition of "fish" in section 1 of the Sea Fishery Act, 1988 (Act No. 12 of 1988);
(b) that can affect man or an animal only;

[Definition substituted by section 1(e) of Act No. 18 of 1989]

 

"local authority"

means any institution or body contemplated in section 84(1)(i) of the Provincial Government Act, 1961 (Act No. 32 of 1961);

[Definition substituted by section 1(l) of Act No. 18 of 1989]

 

"Minister"

means the Minister of Agriculture;

 

"officer"

means an officer or employee as defined in section 1 of the Public Service Act, 1984 (Act 111 of 1984);

[Definition substituted by section 1(g) of Act No. 18 of 1989]

 

"order"

means an order contemplated in section 4 or 7;

[Definition substituted by section 1 of Act No. 47 of 1986]

 

"owner"

in relation to land—

(a) means the person in whom the ownership of that land is vested or in whose name that land is registered or, if that person is absent from the Republic or his whereabouts are unknown, his representative in the Republic;
(b) which has been sold, includes a buyer in whose name such land has not yet been registered;
(c) subject to a usufruct, means the usufructuary;
(d) under the control of a local authority, means that local authority;

 

"pathogen"

means any algae, fungus, bacterium, virus, mycoplasm, spiroplasm, viroid or rickettsialike organism, but does not include any such pathogen that can cause a disease in man or an animal only;

[Definition substituted by section 1(h) of Act No. 18 of 1989]

 

"permit"

means a permit mentioned in section 3(1) or 6(3);

 

"plant"

includes any live or dead part of a plant and any derivation of a plant;

 

"prescribe"

means prescribe by regulation;

 

"quarantine area"

means an area which has been determined as a quarantine area in an order under section 7;

 

"regulation"

means a regulation made under this Act;

 

"this Act"

includes the regulations;

 

"user of land"

means an owner of land, and includes—

(a) a person who has a personal or real right in respect of land in his capacity of fiduciary, fideicommissary , holder of a servitude, possessor, lessee or - occupier, irrespective of whether he resides thereon;
(b) a person who has the right to cut trees or wood on land or to remove trees, wood or organic material from land;
(c) a person who has the right to remove sand, soil, clay, stone or gravel from land;
(d) a person who carries on prospecting or mining activities on land.