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Agrement South Africa Act, 2015 (Act No. 11 of 2015)

1. Definitions

 

(1) In this Act, unless the context indicates otherwise—

 

‘‘Agrément Certificate’’

means a certificate issued by Agrément South Africa in terms of this Act;

 

‘‘Board’’

means the Board contemplated in section 9;

 

‘‘certificate holder’’

means the person or entity in whose name an Agrément Certificate is issued;

 

‘‘certified’’

means certified in terms of this Act;

 

‘‘committee’’

means a committee of the Board established under or in terms of this Act;

 

‘‘competent person’’

means a person who is qualified by virtue of his or her experience and training;

 

‘‘construction industry’’

means the broad conglomeration of industries and sectors which add value in the creation and maintenance of fixed assets within the built environment;

 

‘‘construction related product or system’’

means a product, material, component,

element, system, method, assembly, process or procedure intended for use in the construction of a building or infrastructure within the built environment;

 

‘‘fit-for-purpose’’

means a construction related product or system’s ability to be consistently developed, manufactured, applied and installed such that it fulfills its intended purpose; and

‘‘fitness-for-purpose’’ has a corresponding meaning;

 

‘‘Minister’’

means the Minister responsible for public works;

 

‘‘non-standardised construction related product’’

means a construction related product or system, which may not necessarily be regarded as innovative and for which no SABS standard specification exists or which falls outside the scope and requirements of an existing SABS standard specification;

 

‘‘organ of state’’

means an organ of state as defined in section 239 of the Constitution, 1996;

 

‘‘PFMA’’

means the Public Finance Management Act, 1999 (Act No.1 of 1999), as amended;

 

‘‘prescribe’’

means to prescribe by—

(i) rules issued by Agrément South Africa; or
(ii) regulations issued by the Minister in terms of this Act;

 

‘‘quality management systems’’

means the systems developed for the control or quality of production and installation or erection of certified construction related products or systems based on the general principles and requirements of any relevant approved SABS standard;

 

‘‘SABS’’

refers to the South African Bureau of Standards, whose continued existence is provided for in the Standards Act, 2008 (Act No. 8 of 2008); and

 

‘‘this Act’’

includes a rule or regulation issued in terms of this Act.