National Small Business Act, 1996 (Act 102 of 1996)
R 385
Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983)RegulationsSoil Conservation Scheme15. Statements and reports on construction of soil conservation works |
| (1) | The executive officer shall— |
| (a) | request the person who has furnished a notice referred to in section 13 to make a statement relating to the construction of the soil conservation work concerned; or |
| (b) | inspect such soil conservation work and compile a report on the construction thereof. |
| (2) | A statement referred to in subsection (1)(a) shall be made on a form obtainable for this purpose from an extension office and shall— |
| (a) | subject to the provisions of section 9(4), be made by the owner the farm unit concerned; |
| (b) | be thus made in the presence of an officer of the department employed at the extension office for the area within which the farm unit concerned is situated; |
| (c) | state the exact dimensions and specifications of the soil conservation work concerned; and |
| (d) | contain a confirmation that— |
| (i) | the soil conservation work concerned has been fully constructed in accordance with the plans ans specifications provided or accept in terms of section 12 in respect thereof and, if applicable, that such soil conservation work functions satisfactorily; |
| (ii) | the stated dimensions and specifications of the soil conservation work concerned are correct; |
| (iii) | the soil conservation work concerned was constructed with new material except where otherwise indicated; and |
| (iv) | the deponent is aware that any subsidies paid to him on the basis of the statement concerned shall immediately be payable by him if it later appears that nay particulars in such statement are incorrect. |
| (3) | A report referred to in subsection (1)(b) shall— |
| (a) | be compiled on a form determined by the executive officer for this purpose; |
| (b) | state the exact dimensions and specifications of the soil conservation work concerned; and |
| (c) | contain such other particulars as are required on the form concerned. |
| (4) | A Statement or report on the construction of a 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 made or compiled prior to the date of commencement of this scheme shall, if such subsidies had not yet been paid on that date, be deemed to be a statement referred to in subsection (2) or a report referred to in subsection (3) respectively. |
| (5) | The executive officer may at any time inspect a soil conservation work in respect of which a statement referred to in subsection (2) has been made, may at any time either before or after a subsidy has been paid in respect of the construction thereof, and shall the compile a report referred to in subsection (3) thereon. |
| (6) | Each statement referred to in subsection (2) and each report referred to in subsection (3) shall be checked by the executive officer and compared against the applicable documents referred to in sections 9, 10, 11, 12 and 13 and the applicable provisions of this scheme in order to determine whether a subsidy is payable in respect of the construction of the soil conservation work concerned. |
| (7) | If it appears from an inspection referred to in subsection (1)(b) or (5), or from the checking of a statement or report in terms of subsection (6), that a soil conservation work has a shortcoming because it has not been constructed in accordance with the applicable plans and specifications referred to in section 12, or that the construction of such soil conservation work does not qualify for the payment of a subsidy or any other reason— |
| (a) | the executive officer shall notify the person who furnished the notice of completion of that soil conservation work in terms of section 13, in writing of such shortcoming or reason; |
| (b) | no subsidy shall be payable in respect of the construction of that soil conservation work before such shortcoming has been rectified or such reason eliminated; and |
| (c) | a fresh notice may be furnished in terms of section 13 after such shortcoming has been rectified or such reason eliminated. |
