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

6. Importation of certain controlled animals or things

 

(1)
(a) No person shall import into or convey in transit through the Republic any animal, parasite or contaminated or infectious thing except under the authority of a permit and in compliance with any condition imposed in such permit.

[Section 6(1)(a) substituted by section 4(a) of Act No. 18 of 1991]

(b) A permit referred to in paragraph (a) —
(i) shall be obtained by an importer before the relevant animal or thing is removed from or out of any place outside the Republic by means of any conveyance or by any other means for the purpose of importing it into or conveying it in transit through the Republic;

[Section 6(1)(b)(i) substituted by section 4(b) of Act No. 18 of 1991]

(ii) shall, in respect of any animal or animal product referred to in section 16 (1) of the Livestock Improvement Act, 1977 (Act No. 25 of 1977), only be issued if the written authority contemplated in that section has been granted in respect thereof, and
(iii) shall, where the director requires that the animal or thing be detained in a quarantine station, only be issued on proof being adduced to him that a confirmation of accommodation has been furnished and fees have been paid, as contemplated in paragraphs (a) and (b), respectively, of section 5 (4) of this Act.
(c) When any person imports into or conveys in transit through the Republic animals or things of the same class on a regular basis from the same country, the director may, if he is satisfied that it will not defeat a controlled purpose, issue to such a person a permit referred to in paragraph (a) to so import or convey during the period specified therein consecutive consignments of animals or things of the same class.

[Section 6(1)(c) inserted by section 4(c) of Act No. 18 of 1991]

 

(2) Any animal or thing in respect of which a permit has been issued —
(a) shall only be imported into the Republic through or at a place of entry referred to in paragraph (a) of the definition of "place of entry" in section 1 (1), or, in the case of any animal, through or at any other place which the director has, subject to the provisions of the Customs and Excise Act, 1964 (Act No. 91 of 1964), determined for purposes of this paragraph;
(b) shall be imported within the period specified in the permit;
(c) shall be detained in the prescribed manner at the relevant place of entry, and shall be made available to the director for purposes of the performance of controlled veterinary acts; and
(d) shall not without the written authority of the director, or contrary to any condition of such authority, referred to in section 8(1)(a), be removed from such place.

 

(3)
(a) The director may, if he knows or on reasonable grounds suspects, that any animal or thing is, contrary to any provision of this Act, or any condition of a permit —
(i) being removed, or has been removed, from any place outside the Republic, for purposes of importing it into the Republic; or
(ii) about to be imported by any person into the Republic; or
(iii) present on or in any conveyance, or forms part of any consignment, which is being or has been brought or sent by any person to the Republic,

direct that the animal, thing, consignment or portion thereof determined by him, shall not be imported into the Republic or unloaded or removed from the conveyance, as the case may be, except with his consent and, if he has determined conditions in connection therewith, in accordance with such conditions.

(b) The director may, if he deems it necessary, make such direction known by notice in the Gazette, and shall, irrespective of whether it has so been made known or not, make known the provisions of the direction as soon as may be practicable to all persons who, to his knowledge, are or will be involved in the importation, unloading or removal, as the case may be, or to any person in whose service any such persons are, or who exercises control over them, or in respect of such unloading or removal.
(c) The provisions of subsection (2)(c) and (d) shall mutatis mutandis apply in respect of any animal or thing referred to in subsection (3)(a) which has been imported, unloaded or removed with the consent of the director as contemplated in the last-mentioned subsection: Provided that in such application of the said subsection (2)(d) a removal contemplated therein shall not be effected unless the importer concerned has paid the fees which are in terms of this Act payable in respect of the relevant required permit.