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Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983)

5. Prohibition of the spreading of weeds

 

(1) No person shall—
(a) sell, agree to sell or offer, advertise, keep, exhibit, transmit, send, convey or deliver for sale, or exchange for anything or dispose of to any person in any manner for a consideration, any weed; or
(b) in any other manner whatsoever disperse or cause or permit the dispersal of any weed from any place in the Republic to any place in the Republic.

 

(2)
(a) If seed, grain, hay or any other agricultural product contains any weed the executive officer may issue an order that the seed, grain, hay or other agricultural product concerned—
(i) be returned to the place of origin thereof;
(ii) be forwarded to a specified place in order to have the weed concerned removed therefrom; or
(iii) be destroyed in such manner as he may determine.
(b) A copy of any such order shall be served on the owner of the seed, grain, hay or other agricultural product concerned: Provided that a copy of an order referred to in subparagraph (i) of paragraph (a) may be served on the person who has the control of that seed, grain, hay or other agricultural product instead of on the owner thereof.
(c) Any such order shall be executed by the person on whom it has been served within the period specified therein, failing which the executive officer may take such steps for the execution thereof as he may deem necessary.
(d) The costs incurred in connection with the execution thus of such order shall be borne by the owner of the seed, grain, hay or other agricultural product concerned, and may be recovered from him by the executive officer.

 

(3)
(a) If any weed adheres to an animal which is driven on a public road, conveyed in a vehicle or offered for sale at a livestock auction, the executive officer may issue an order that the weed concerned be removed from that animal.
(b) A copy of any such order shall be served on the owner or on the person who has the control of the animal concerned.
(c) The provisions of subsection (2)(c) and (d) shall mutatis mutandis apply to an order referred to in paragraph (a) of this subsection.

 

(4) The provisions of subsections (1) and (2) shall not apply with regard to weed which occurs in seed which is conveyed or sold to or is present on the premises of an establishment which is registered in terms of the Plant Improvement Act, 1976 (Act No. 53 of 1976), in respect of the business of the cleansing of propagating material for sale, provided the words "uncleansed seed" or "onskoongemaakte saad" appear on the containers of such seed or on labels attached thereto.

 

(5) Any person who removes any weed from seed, grain, hay or any other agricultural product or from an animal in terms of any order under subsection (2) or (3) shall deal with it in such manner as will ensure that it will not be able to reproduce itself.

 

(6) Any person who contravenes any provision of subsection (1) or (5) or fails to execute any order served on him under subsection (2) or (3) shall be guilty of an offence.