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

4. Powers of executive officer

 

(1) If an executive officer has ascertained or suspects on reasonable grounds that controlled goods have been imported into the Republic or have been or will be conveyed contrary to the provisions of this Act or a condition referred to in section 3 (4) or of the permit concerned, or that there is with or in any imported goods any pathogen, insect or exotic animal the importation of which has not been authorized, he may—

[Words preceding section 4(1)(a) substituted by section 4(a) of Act No. 9 of 1992]

(a) order the person in charge of the vehicle with which those goods have been imported or conveyed or will be conveyed—
(i) not to off-load;
(ii) not to convey any further;
(iii) to off-load at a place determined by him,

such goods or such part thereof as he may determine;

(b) order the person by whom or on whose behalf such goods have been imported, or the person in possession or in charge of such goods—
(i) to destroy at the place, in the manner and within the period determined by him;
(ii) to remove from the Republic through the port, in the manner and within the period determined by him;
(iii) to treat, dispose of or deal with at the place, in the manner and within the period determined by him,

such goods or such part thereof as he may determine, including any container or material employed in the importation thereof;

(c) destroy or cause to be destroyed such goods or such part thereof as he may determine, after having given the person by whom or on whose behalf those goods have been imported or the person in possession or in charge of those goods at least seven days' written notice of his intention to do so: Provided that where in the opinion of such executive officer the destruction of the goods is urgently required or the giving of notice is impracticable, notice need not be given;

[Section 4(1)(c) amended by section 4(b) of Act No. 9 of 1992]

(d) where a person refuses or neglects to carry out any provision of an order contemplated in paragraph (a) or (b), destroy or cause to be destroyed the goods in question;

[Section 4(1)(d) substituted by section 4(b) of Act No. 18 of 1989]

(e) order that such goods or such part thereof as he may determine, be off -loaded, removed or detained as he may determine, with a view to the exercise of any of his powers;
(f) order the owner or person in possession or in charge of controlled goods descended from such controlled goods, or produced or acquired through, from or by means of such controlled goods (hereafter referred to as acquired goods) to deal with those acquired goods as provided in paragraph (b) (i) or (iii), irrespective of the degree of descent or relationship concerned, or the connection between such controlled goods and acquired goods.

[Section 4(1)(f) inserted by section 2 of Act No. 47 of 1986]

 

(2) When anything is required to be done in terms of this Act within a certain period, an executive officer may, before or after the expiry thereof and on application or of his own accord, in his discretion determine a further period within which it shall be done.

[Section 4(2) substituted by section 4(c) of Act No. 9 of 1992]

 

(3) When an executive officer deems it necessary for the exercise of his powers or the performance of his duties, he may institute any inquiry and in his discretion request any information and demand the production of any document from any person who in his opinion can supply such information or has the custody of such document.

[Section 4(3) substituted by section 4(c) of Act No. 9 of 1992]

 

(4) When an executive officer may issue or grant any order, permit or authority in terms of this Act, he may at any time, on application or of his own accord—
(a) make it subject to such conditions as he thinks fit;
(b) amend the provisions thereof or the conditions concerned;
(c) withdraw it.

[Section 4(4) amended by section 4(d) of Act No. 9 of 1992.