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Sugar Act, 1978 (Act No. 9 of 1978)

Sugar Industry Agreement, 2000

Chapter 4 : Cane Delivery Estimates

126 - 129. Cane Diversions

 

126. Mills may at any time divert supplies of cane from one mill to another.

 

127. Where mills agree to make diversions of supplies of cane in terms of this agreement, the identification of and payments for all cane deliveries shall be a matter for agreement between the mills concerned on condition that details thereof shall be notified to the Administration Board from time to time.

 

128. Save insofar as may be otherwise agreed by the grower and the home mill concerned—
(a) any additional costs of cane delivery or of cane testing incurred in consequence of a diversion of cane from a grower's home mill to another mill to suit the convenience of mills, shall be borne by the grower's home mill;
(b) where the diversion results in a saving of costs of delivery, the saving shall be for the benefit of the grower concerned;
(c) where a diversion takes place mainly to suit the grower concerned, any additional costs of cane delivery or of cane testing shall be borne by the grower; and
(d) any dispute between the grower and the home mill concerned in relation to the provisions of sub-paragraphs (a), (b) and (c) and any claim arising therefrom which is not resolved by negotiation between the parties, must be referred to the Administration Board which will have jurisdiction to determine that dispute.

 

The expression “costs of cane delivery” in this clause means the costs incurred in the loading, handling, transportation and unloading of cane from the time it is first loaded on a vehicle to the time it is off-loaded at the receiving facilities of the mill concerned.

 

129. Each mill shall notify its Mill Group Board and the South African Sugar Association monthly of the estimates of cane diversions agreed between any of them in terms of this agreement.