Acts Online
GT Shield

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

20. Disposal of isolated, detained or seized animal or thing

 

(1) Any animal or thing that is isolated, detained or seized in terms of section 19 (2)(f) may—
(a) if the national executive officer is of the opinion that the owner or user, as the case may be, of the land or the owner of the animal or thing, possesses the necessary means to isolate or detain and care for such animal or thing in a manner that will ensure that the relevant animal disease or parasite will not spread, be placed in the care of such person in accordance with conditions agreed upon by the national executive officer with such person;
(b) be removed by the national executive officer to a place that he or she deems suitable for the purpose of performing any controlled veterinary procedure thereon;
(c) be slaughtered, by the national executive officer, if it is a living animal and a post-mortem examination is considered necessary;
(d) if the national executive officer is of the opinion that—
(i) any isolation or treatment thereof will not promote the relevant controlled purpose; or
(ii) the calculated cost of the performance of any act referred to in paragraphs (a) and (b) exceeds the estimated value of the animal or thing; or
(iii) no means, remedy or equipment is available to perform any act referred paragraph in to (a) or (b),

be destroyed or otherwise disposed of, or the owner concerned may be ordered to so destroy or dispose of it in the manner determined by the national executive officer;

(e) in the case of an outbreak of an animal disease, be destroyed or otherwise disposed of by the national executive officer if the disease concerned—
(i) is not indigenous or native to the Republic; or
(ii) will have a detrimental effect on the animal disease free status of a province or a part thereof or of the Republic as a whole.

 

(2)
(a) The national executive officer must, as soon as he or she is satisfied that the isolation, detention or seizure of any animal or thing in terms of section 19 (2)(f), is no longer necessary for any controlled purpose, return it to the owner concerned.
(b) If the animal or thing cannot be returned to the owner within the prescribed period, the national executive officer may—
(i) if he or she is able to dispose of the animal or thing in a manner beneficial to the State, so dispose of it, in which case any expenditure resulting therefrom must be defrayed from the income obtained therefrom; or
(ii) where paragraph (a) is not applicable, dispose of the animal or thing at his or her discretion.

 

(3) The carcass of any animal isolated, detained or seized in terms of section 19(2)(f), which has been destroyed or slaughtered pursuant to subsection (1)(c), (d) and (e) of this section, must be forfeited to the State, and the national executive officer may—
(a) if he or she is able to dispose of the carcass in a manner beneficial to the State, so dispose of it, in which case any expenditure resulting therefrom must be defrayed from the income obtained therefrom; or
(b) where paragraph (a) is not applicable, dispose of the carcass at his or her discretion.

 

(4) An owner of any animal or thing isolated, detained or seized in terms of section 19(2)(f), must reimburse the State for any reasonable expenses incurred by the national executive officer in connection with the performance by him or her of any act under any provision of subsection (1), (2) or (3) in respect thereof, and which costs cannot be defrayed from any income referred to in subsection (3)(a), but this subsection does not apply in respect of any animal to which any provision of an animal health scheme applies.

 

(5) If no criminal proceedings are instituted in connection with any animal or thing isolated, detained or seized in terms of section 19(5), or if it appears that such animal or thing is not required at the trial for purpose of evidence and the national executive officer is satisfied that the isolation, detention or seizure of such animal or thing in terms of section 19(5) is no longer necessary for any controlled purpose he or she must return it to the owner concerned.

 

 


500 - Internal Server Error
500 - Internal Server Error

We're sorry, but something went wrong displaying that page. While we work on fixing this, you can return to the home page.

Alternatively, email [email protected] for assistance.