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

Notices

Weed Control Scheme - Establishment

11. Conditions on which weed-killers are supplied

 

(1) A weed killer shall be supplied in terms of this scheme for use in connection with the combating of weeds on the following conditions:
(a) The weed killer concerned shall—
(i) only be used in connection with the combating of weeds of a kind referred to in section 4, that occur on the farm unit concerned;
(ii) be used in accordance with the directions for use and other instructions in connection with the application thereof that were issued to the land user concerned in terms of section 9(6)(c); and
(iii) at all times prior to the use thereof be kept in safe custody in order to prevent misuse or theft thereof.
(b) Since the weed killer concerned could be poisonous for humans and animals and harmful to other vegetation, the land user concerned shall, both before and after the application thereof take the necessary measures in connection with the application of that weed killer and the utilisation of the camps in which weeds are combated therewith.
(c) All regrowth and seedlings of the weeds in respect of which the weed killer concerned was supplied shall be combated on a continuous basis in order to comply with the provisions of section 12(1)(b) of the Act: Provided that a further quantity of weed killer may from time to time be supplied to a land user for this purpose in terms of section 10.
(d) If a farm plan has been provided for a farm unit on which weeds were combated in terms of this scheme, the farming practices pursued on such farm unit shall comply with the provisions of the management programme forming part of the farm plan concerned.
(e) If the weed killer concerned was supplied to the land user concerned in returnable containers, he shall return the containers concerned in an undamaged condition within six months of the date on which he took delivery of the weed killer concerned.

 

(2) If a land user refuses or fails to comply with the conditions set out in subsection (1)(a)(i), (c) or (d), the executive officer shall direct the land user concerned to pay to the executive officer the actual purchase price of the weed killer supplied to him in terms of this scheme or in terms of section 5(1)(b) of the Weeds Act, 1937 (Act No. 42 of 1937), less the amount already paid by such land user in terms of section 9(5) or otherwise in respect of that weed killer.

 

(3) If a land user refuses or fails to comply with the conditions set out in subsection (1)(e), the executive officer shall direct the land user concerned to pay to the executive officer the replacement value of the containers that have been damaged or that have not been returned.

 

(4) An amount payable in terms of subsections (2) or (3) shall be paid to the executive officer within 60 days of the date on which he has directed the repayment thereof in writing.

 

(5) If a land user fails to pay an amount payable by him in terms of subsections (2) or (3) within the period referred to in subsection (4), interest shall be payable on the amount due 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 that was applicable on the date on which the executive officer directed the payment concerned in writing.