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Animal Diseases Act, 1984 (Act No. 35 of 1984)

16. Powers of entry and inspection of director

 

(1)
(a) The director may at any time, without prior notice to any owner or manager or any other person, whenever he deems it necessary for any controlled purpose, or in the exercising or performing by him of any power or duty granted to or imposed upon him by or under this Act
(i) enter upon any land; or
(ii) order to stop and enter upon, take control of or board any conveyance in the territorial waters, as defined in section 2 of the Territorial Waters Act, 1963 (Act No. 87 of 1963), of, or at any other place in, the Republic.
(b) The director may, when acting under paragraph (a)—
(i) take with him such assistants or officers and conveyances, appliances, instruments, tools, remedies or other things as he may deem necessary for his purpose;
(ii) require all reasonable assistance from an owner or manager of land of which the relevant land forms part, or from a person who is the owner in respect of the relevant conveyance or of any controlled animal or thing which is or has been on the land, or in or on the conveyance, in order to enable him to exercise and perform his powers and duties in respect of any part or portion of the land or conveyance.

 

(2) The director may on the relevant land or in respect of the relevant conveyance—
(a)
(i) search for any controlled animal or thing and, if he on reasonable grounds suspects it to be thereon or therein, require the owner or manager to produce it to him;
(ii) make investigations regarding the presence or incidence of any animal disease or parasite;
(iii) install beacons or affix marks or seals;
(iv) inspect or test any appliance or equipment which is available for use in connection with any controlled purpose;
(v) take and analyse or test samples of any remedy, or the final mixture thereof, which is intended for use in respect of any applicable controlled purpose;
(vi) ascertain whether anything required to be done in terms of this Act has been or is being done;
(vii) inspect and supervise the doing of anything which any person is in terms of this Act required to do;
(viii) check, count, and establish the identity, origin and descent of, treat against any animal disease or parasite, and effect any controlled veterinary act in respect of, any controlled animals or things found by him, and make in the prescribed manner any temporary or permanent marks; and
(ix) in general, make such further investigations and perform such other acts as he may deem necessary;
(b) require that a person referred to in subsection (1)(b)(ii), forthwith or at the time and place fixed by the director —
(i) produce to him for inspection, or provide him with, a copy of any register, book, record or other document which such person is required in terms of this Act, or, in respect of any animal, thing or conveyance referred to in the said subsection, in terms of the provisions of any other law, to keep or produce, and the director may make in such document such notes as he may deem expedient in respect of any entry appearing therein or which is required to appear therein, or which in his opinion is inaccurate or false;
(ii) explain any entry, deletion, alteration, omission or note in such document; and
(iii) furnish him with any other information required by him.

 

(3) The director may, whenever he addresses or interrogates any person under this section, address or interrogate such person either in private or in the presence of any other person, as he may deem fit and require.