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Agricultural Pests Act, 1983 (Act No. 36 of 1983)

9. Powers of entry and investigation

 

(1) A person authorized by the Minister to do an act contemplated in section 8 may at any reasonable time—
(a) enter upon any land in order to do that act on or in connection with such land or any other land;
(b) proceed over any land in order to reach land on or in connection with which that act is to be done.

 

(2) Such person may—
(a) after having notified the user of land concerned of his intention to do so, take with him such persons, animals, vehicles, goods and material as he may require for the purposes of an act referred to in subsection (1) when he enters upon or proceeds over that land: Provided that such notice need not be given if the user of the land concerned does not reside on that land and cannot readily be traced.

[Section 8(2)(a) substituted by section 8 of Act No. 18 of 1989]

(b) require the user of land concerned or his manager, agent or employee on that land to render him such reasonable assistance as may be necessary in the circumstances to enable him to do the act in question.

 

(3) No compensation shall be payable to any person in respect of the rendering of assistance in terms of subsection (2)(b).

 

(4) An executive officer may at any reasonable time—

[Words preceding section 8(4)(a) substituted by section 8(a) of Act No. 9 of 1992]

(a) enter upon or enter and inspect any land, building or vehicle if he suspects on reasonable grounds that there may be any controlled goods on or in it, and for that purpose he may inspect anything on or in that land, building or vehicle and remove it or a sample thereof for investigation;
(b) inspect any book or document at or on that land, building or vehicle which he suspects on reasonable grounds may relate to any controlled goods, and make copies of or extracts from that book or document;
(c) demand an explanation in connection with any relevant entry in such a book or document or in connection with anything observed by him during his inspection, from any person who in his opinion has knowledge of the entry concerned or of that observed by him;
(d) in his discretion seize anything which may serve as evidence of the commission of an offence in terms of this Act, and for that purpose remove it or a sample thereof or anything else from the land, building or vehicle in question, and affix any identification mark or seal to anything;
(e) enter upon any land in order to demarcate a quarantine area and for that purpose effect or erect any marker, peg, label or other mark on or in connection with any land;
(f) enter upon any land in order to determine if the user of land concerned is complying with or carrying out or has complied with or carried out the provisions of any control measure or order;
(g) proceed over any land in order to reach land so that he can exercise any of his powers or perform any of his duties;
(h) enter upon or enter any land, building or vehicle in order to carry out any other investigation in connection with any matter mentioned in this Act.

 

(5) When an executive officer wishes to exercise any power referred to in subsection (4) on or in connection with any land, building or vehicle, he may require the user of land, owner or person in charge concerned, or his manager, agent or employee, to render him such reasonable assistance as may be necessary in the circumstances to enable him to exercise the power in question.

[Section 8(5) substituted by section 8(b) of Act No. 9 of 1992]

 

(6) No compensation shall be payable to any person in respect of the rendering of assistance in terms of subsection (5).

 

(7) Any person authorized under this section to enter upon, enter or proceed over any land, building or vehicle shall show to the user of land, owner or person in charge concerned, or his manager, agent or employee, proof of his identity if he is asked to do so.