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Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996)

11. Consideration of request

 

(1) Upon receipt of a request in terms of section 10 which is not inconsistent with the provisions of section 2, the Minister shall refer the request to the Council for investigation and a report thereon.

 

(2) Upon receipt of such a request, the Council shall—
(a) publish a notice setting out particulars of the request and an explanation in connection therewith in the Gazette and such magazines or newspapers as may be sufficient in order to bring the request to the attention of directly affected groups, and inviting such directly affected groups to lodge any objections or representations relating to the request within a specified time;
(b) if necessary, appoint a committee in terms of section 7, which shall consider such objections or representations and advise the Council;
(c) consider the objections and representations from, and level of support among, directly affected groups, and the advice of the committee, if applicable; and
(d) report on its findings and make a recommendation to the Minister within 60 days or such longer period as may be approved by the Minister.

 

(3) The Council may, upon receipt of a request to amend a statutory measure, on reasonable grounds determine that the proposed amendment is not significant and that it is not necessary to act in terms of subsection (2).

 

(4) A determination under subsection (3) shall only be made if the proposed amendment places no additional statutory burden on any directly affected group.

 

(5) The Council shall consider whether any proposal made in terms of subsection 10(2)(g) and 10(3) would be optimal or may make its own recommendation regarding implementation.

 

(6) If the request is for the introduction, amendment or repeal of a levy, the Council shall send a copy of its recommendations to the parliamentary committees for their information.

 

 


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