| (1) |
If the executive officer, as a result of an inspection in terms of section 15(5) of this scheme or section 18 of the Act, in connection with a soil conservation work in respect of which a subsidy was paid in terms of this scheme or in terms of section 6 of the Soil Conservation Act, 1969 (Act 76 of 1969), is satisfied that— |
| (a) |
no subsidy should have been paid in respect of the construction of that soil conservation work; or |
| (b) |
the dimensions and specifications of that soil conservation work as specified in a statement referred to in section 15(2) are incorrect and that the amount paid as such subsidy exceeded the amount that was lawfully payable as subsidy in respect of the construction thereof, |
the executive officer shall direct the owner of the farm unit concerned in writing to repay to the executive officer the amount concerned or the amount paid in excess, as the case may be, together with interest thereon calculated on the basis set out in subsection (2).
| (2) |
Interest payable in terms of subsection (1) shall be calculated— |
| (a) |
at a rate equal to the rate determined in terms of section 26(1) of the Exchequer and Audit Act, 1975 (Act 66of 1975), and which is applicable on the date on which the executive officer directed the repayment of the amount concerned in writing; and |
| (b) |
from the date on which the subsidy concerned was paid until the last day of the month preceding the month of repayment of such due amount. |
| (3) |
If at any time it appears that an error other than an error referred to in subsection (1) was made in the calculation of a subsidy paid in terms of this scheme, the executive officer shall direct the owner of the farm unit concerned in writing to repay to the executive officer the amount erroneously paid to him. |
| (4) |
An amount repayable in terms of subsection (3) shall be paid to the executive officer within 60 days of the date on which he directed the repayment thereof in writing. |
| (5) |
If the owner of a farm unit fails to pay the amount repayable by him in terms of subsection (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 66 of 1975), and which is applicable on the date on which the executive officer directed the repayment concerned in writing. |
National Small Business Act, 1996 (Act 102 of 1996)
