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

Regulations

Soil Conservation Scheme

9. Application for participation in scheme

 

(1) An application for the entry of a farm unit with a view to participation in this scheme shall be made on a form obtainable or this purpose from an extension office.

 

(2) Such an application form shall—
(a) subject to the provisions of subsection (4), be completed by the owner of the farm unit concerned; and
(b) after being thus completed, be lodged at the extension office for the area within which the farm unit concerned is situated.

 

(3) An application form referred to in subsection (2) shall, unless the documents concerned have previously been submitted together with an application for the payment of subsidies or grants in terms of section 6 of the Soil Conservation Act, 1969 (Act 76 of 1969), or an application for the entry of the farm unit concerned with a view to participation in another scheme, be accompanied by—
(a) documentary proof of the identity of the applicant concerned;
(b) a certified copy of the title deed of the land comprising the farm unit concerned;
(c) if applicable, a certified copy of—
(i) the purchase agreement in respect of the land comprising the farm unit concerned, if that land has not yet been registered in the name of such applicant: Provided that no subsidy shall in such case be payable before a certified copy of the title deed whereby the land concerned was registered in the name of that applicant has been submitted; or
(ii) documentary evidence of the usufruct to which the land comprising the farm unit concerned is subject, if such applicant is the usufructuary of that farm unit; and
(d) such other applicable documents as may be required in terms of subsection (4).

 

(4) If the owner of a farm unit in respect of which an application form referred to in subsection (1) has been completed—
(a) is a minor, the application form shall be signed by the parent or legal guardian of such minor;
(b) is a married woman, the application form shall be countersigned by her spouse as evidence that she is assisted by him;
(c) is an estate, the application form shall be signed by the executor or curator of such estate: Provided that such application form shall be accompanied by a certified copy of the letter of appointment of the executor or curator concerned;
(d) is a juristic person, the application form shall be signed by a person who is duly authorised thereto: Provided that—
(i) the capacity of the person concerned shall be specified on such application form; and
(ii) such application form shall be accompanied by a certified expert from the minutes containing the resolution whereby that authority was granted;
(e) has authorised another person to apply on his behalf, the application form shall be signed by the authorised person concerned: Provided that such application form shall be accompanied by the proxy concerned;
(f) is a partnership or such farm unit is owned by more than one person, the application form shall be signed by all the partners or co-owners concerned unless one of the partners or co-owners has a proxy referred to in paragraph (e); or
(g) is a trust, the application form shall be signed by the trustee of such trust: Provided that such application form shall be accompanied by certified copies of the documents whereby the trust concerned was created and the trustee concerned appointed.

 

(5) An application for the payment of subsidies in terms of section 6 of the Soil Conservation Act, 1969 (Act 76 of 1969), in connection with the construction of a soil conservation work on a farm unit 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 (1).