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

Regulations

Control Measures

1. Definitions

 

In this notice any word or phrase to which a meaning has been assigned in the Act and Regulations made there under shall have that meaning and, unless the context otherwise indicates—

 

"authority"

means any officer of the Department of Agriculture, Forestry and Fisheries in the national, provincial or local sphere of government;

 

"land"

means any premises in terms of ownership or user and includes planted crops at a place of production, natural resources, ports of entry, buildings, structures and any area within the Republic;

 

"nursery"

means any premises at which plants are sold or grown for sale, and which is registered in terms of the Plant Improvement Act, 1976 (Act No. 53 of 1976), as an establishment as defined in section 1 of the said Act;

 

"pest"

means any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products;

[Definition inserted by section 2 of Notice No. R. 442, GG 37702, dated 6 June 2014]

 

"phytosanitary procedures"

means any official method for implementing phytosanitary measures including the performance of inspections, tests, surveillance or treatments in connection with prohibited pests;

[Definition inserted by section 2 of Notice No. R. 1271, GG 41257, dated 17 November 2017]

 

"regulated article"

means any plant, plant product, storage place, packaging, conveyance, container, soil and any other organism, object or material capable of harbouring or spreading pests, deemed to require phytosanitary measures, particularly where international transportation is involved; and

[Definition inserted by section 2 of Notice No. R. 1271, GG 41257, dated 17 November 2017]

 

"test"

means official examination, other than visual, to determine if pests are present or to identify pests.

[Definition inserted by section 2 of Notice No. R. 1271, GG 41257, dated 17 November 2017]

 

"the Act"

means the Agricultural Pests Act, 1983 (Act No. 36 of 1983); and

 

"visually free"

with regard to the occurrence of an insect or a pathogen on a plant, means that—

(i) the executive officer is unable to visually observe the occurrence of an insect or a pathogen on a plant unless he uses a microscope or magnifying glass; or
(ii) the executive officer has, without the use of a microscope or magnifying glass, visually observed the characteristic of disease symptoms that are caused by an insect or a pathogen on a plant, but the testing, examination or analysis of that plant in a laboratory has not revealed the occurrence of such insect or pathogen on that plant.