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Animal Diseases Act, 1984 (Act No. 35 of 1984)

19. Compensation

 

(1) The owner of any animal or other thing which has been destroyed or otherwise disposed of pursuant to any control measure, or any provision of section 17 (3) or (5), or any other provision of this Act, by the director or on his authority, may submit an application for compensation for the loss of the animal or thing to the director.

 

(2) The director may, taking into consideration—
(a) the applicable compensation, based on a fair market value of the animal or thing, which has been prescribed for purposes of this section or, where no compensation has been so prescribed, any amount fixed by him in accordance with any criterion deemed applicable by him;
(b) the value of any thing which has in connection with the animal or thing been returned to the owner;
(c) any amount which is due by the owner pursuant to any provision of this Act in respect of the animal or thing to the State; and
(d) any amount which may accrue to the owner from any insurance thereof,

fix a fair amount as compensation.

 

(3) Notwithstanding the provisions of subsection (2), the director shall, in the case where a carcass has been disposed of in terms of section 17(5), fix the nett income accruing from such disposal, against which any amount payable by the owner concerned by virtue of any provision of this Act in respect of the carcass to the State is to be set off, as compensation in respect of the carcass, if —
(a) the owner is otherwise entitled in terms of this section to compensation; and
(b) that nett income exceeds the amount prescribed in respect of any such carcass.

 

(4) No compensation shall be payable in respect of any animal or thing which has been in connection with the commission of an offence in terms of this Act or in respect of which such offence has been committed, as the case may be, and which has been destroyed or otherwise disposed of by the director or by his order pursuant to the provisions of this Act.

[Section 19(4) inserted by section 9 of Act No. 18 of 1991]