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Animal Health Act, 2002 (Act No. 7 of 2002)

16. Animal health schemes

 

(1) The Minister may by notice in the Gazette establish a scheme in respect of any controlled purpose or for the improvement of animal health.

 

(2) The Minister may under subsection (1) establish different schemes in respect of different kinds of animals, different animal diseases or parasites, different classes of persons and different areas.

 

(3) A notice referred to in subsection (1) must—
(a) set out the objects of the scheme;
(b) define the kind of animal, the animal disease or parasite and areas to which the scheme applies;
(c) specify the kind of animal that is susceptible to the animal disease or parasite concerned, that is the carrier thereof and that may cause or spread it;
(d) define the kind of animal in respect of which controlled veterinary procedure, test, examination, treatment or disposal by persons authorised in the scheme, must be done, applied or effected;
(e) describe the manner in which any animal referred to in paragraph (d) may become infected with the animal disease or parasite in question, and the characteristics of such infection in each such kind of animal;
(f) indicate the tests to which the animals in question and the progeny or products thereof, must be subjected in order to ascertain whether the animals are infected with the animal disease in question;
(g) determine the methods according to which such tests must be carried out, and the remedy, substance or equipment to be used for such tests, and describe the manner in which the results must be interpreted;
(h) determine the manner in which animals that are infected with the animal disease concerned and the progeny or product thereof, must be treated, kept, cared for or otherwise disposed of;
(i) determine the measures that must be taken to prevent the infection or re-infection of the animals in question and the progeny or product thereof with the animal disease concerned, or the spreading thereof;
(j) determine the requirements for participation in the scheme;
(k) determine the manner in which a person may apply for admission to participate in the scheme, the particulars to be furnished in such application and the circumstances under which such application must be refused;
(l) determine the manner in which a person is admitted to participate in the scheme and the circumstances under which such participation must lapse or be cancelled;
(m) determine the manner in which and the period during which animals to which the scheme applies must be kept, cared for and treated, and the control to which such animals must be subjected;
(n) specify the information to be recorded by persons participating in the scheme;
(o) determine the facilities to be provided by a person participating in a scheme for the purpose of performing controlled veterinary procedures and required tests, or for any other acts necessary to promote the objectives of a scheme;
(p) specify the marks with which and the manner in which the animals must be marked;
(q) determine the manner in which animals complying with the requirements of the scheme must be certified, the restrictions on the use of such certificate and the circumstances under which such certificate must lapse;
(u) determine the circumstances under which a scheme must apply to a specific class of persons or in a specific area and the specific requirement that must be complied with;
(r) determine that the provisions of a scheme must be binding on a person who is enrolled for participation therein;
(s) specify the tariffs that must be payable for services rendered in terms of such scheme;
(t) determine other powers and duties lo be exercised and performed by defined persons or officers in terms of such scheme;
(u) provide for any other matter that the Minister may deem necessary or expedient in order that the objects of the scheme may be achieved or promoted.

 

(4) The generality of paragraph (v) is not limited by subsection (3).

 

(5) The Minister may, after consultation with the MEC of the province in question, declare by notice in the Gazette that participation in a particular scheme must be compulsory in the province concerned, or in a specified part thereof.

 

(6) A scheme in terms of which any form of monetary assistance may be rendered to participants must only be established with the approval of the Minister of Finance.

 

(7) A scheme may be applicable to the whole of the Republic or to a particular province specified therein or to a specified part thereof.

 

(8) The Minister may, after consultation with the MEC concerned, by notice in the Gazette amend or revoke a scheme.

 

 


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