| (b) |
The state of affairs arising on any land after any act has been performed thereon or in respect thereof in order to achieve the objects of this Act, shall be maintained in such manner as in the opinion of the executive officer will obviate the necessity of a repetition of that act. |
| (c) |
Notwithstanding the provisions of paragraph (a) the executive officer may order a land user in writing, or on application grant written consent to a land user, to alter, remove or destroy a particular soil conservation work. |
| (a) |
If a land user or his successor in title refuses or fails to comply with the provisions of subsection (1) in respect of— |
| (i) |
a soil conservation work or an act for which assistance has been rendered under a scheme or is deemed to have been so rendered, or which has been constructed or performed in terms of section 11 of this Act or section 4(4), 7, 8 or 19 of the Soil Conservation Act, 1969 (Act No. 76 of 1969); or |
| (ii) |
an act which has been performed in terms of section 4 or 5 of the Weeds Act, 1937 (Act No. 42 of 1937), |
an amount equal to the monetary value of such assistance, or the actual costs less any contribution already paid by a land user, of such construction or performance, or such portion of such amount or actual costs as the executive officer may in each case determine, shall be repayable.
| (b) |
An amount which is repayable in terms of paragraph (a)— |
| (i) |
shall be paid by the person who is the land user of the land concerned on the date on which the executive officer becomes aware of such refusal or failure, unless the person concerned proves, in the case of a soil conservation work which has been altered, removed or destroyed, to the satisfaction of the executive officer that it was altered, removed or destroyed before he became the land user of the land concerned; and |
| (ii) |
shall be paid to the executive officer within 60 days of the date on which he ordered the land user concerned in writing to pay the amount due. |
| (c) |
If a land user fails to pay the amount repayable by him in terms of paragraph (b) within the period referred to in subparagraph (ii) of that paragraph, interest at a rate equal to the rate determined in terms of section 26(1) of the Exchequer and Audit Act, 1975 (Act No. 66 of 1975), and which is applicable on the date on which the executive officer ordered the repayment concerned in writing, shall be payable in respect of the amount due. |
| (3) |
If the executive officer becomes aware of any refusal or failure to comply with the provisions of subsection (1), he may order a land user to repair or reconstruct the soil conservation work concerned or to repeat the act concerned. |
| (4) |
The land user concerned shall not be discharged from prosecution for a contravention of the provisions of subsection (1) on account of the payment of an amount due in terms of subsection (2), or the repair or reconstruction of a soil conservation work or the repetition of an act in terms of subsection (3) or otherwise. |
| (5) |
Any person who contravenes any provision of subsection (1) or refuses or fails to comply with an order contemplated in subsection (3) shall be guilty of an offence. |
National Small Business Act, 1996 (Act 102 of 1996)
