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

Regulations

Soil Conservation Scheme

12. Consent to construct soil conservation works

 

(1) The construction of a proposed soil conservation work specified in a list referred to in section 11(2)(b) shall not commence before the executive officer has consented thereto in writing.

 

(2) An application for a consent referred to in subsection (1) shall be made on a form obtainable for this purpose from an extension office.

 

(3) Such an application form shall—
(a) subject to the provisions of section 9(4), be completed by the owner of the farm unit concerned;
(b) after being thus completed, be lodged at the extension office for the area within which the farm unit concerned is situated; and
(c) be accompanied by a statement on a form obtainable for this purpose from an extension office, in which particulars are furnished of the number of animals kept on the farm unit concerned.

 

(4) An application for a consent for the construction of a proposed soil conservation work in respect of which subsidies would have been payable in terms of section 6 of the Soil Conservation Act, 1969 (Act 76 of 1969), that was lodged prior to the date of commencement of this scheme but had not yet been approved on that date shall be deemed to be an application referred to in subsection (2).

 

(5) If the executive office approved of an application referred to in subsection (2), he shall issue a written consent to the applicant concerned to commence with the construction of the proposed soil conservation work concerned.

 

(6) Such a consent shall—
(a) specify the proposed soil conservation work to which it relates;
(b) specify the expiry date thereof;
(c) in the case of a proposed soil conservation work that will be constructed with material that has to be purchased, specify the material in respect of which invoices have to be obtained and preserved for perusal by the executive officer; and
(d) be accompanied by the plans and specifications in accordance with which the proposed soil conservation work concerned must be constructed.

 

(7) Notwithstanding the provisions of subsection 6(d), an owner may lodge his own plans and specifications for a proposed soil conservation work when submitting an application referred to in subsection (2), and, if the executive officer accepts such plans and specifications, they shall be deemed to be those in accordance with which the proposed soil conservation work concerned must be constructed.

 

(8) A consent referred to in subsection (1) shall not be issued unless the executive officer is satisfied that the number of animals kept on the veld of the farm unit concerned does not exceed the maximum number of animals as determined on the basis of the prescribed grazing capacity for that farm unit.

 

(9) A consent to construct a proposed soil conservation work in respect of which subsidies would have been payable in terms of section 6 of the Soil Conservation Act, 1969 (Act 76 of 1969(, that was issued prior to the date of commencement of this scheme shall, if it is still in force on such date, be deemed to be a consent referred to in subsection (1).