Short-term Insurance Act, 1998
R 385
Animal Health Act, 2002 (Act No. 7 of 2002)12. Fencing |
| (1) | The national executive officer may— |
| (a) | erect a permanent fence on any land situated along the international boundaries of the Republic, in order to prevent the straying of animals into or out of the Republic; |
| (b) | erect a permanent fence on or as near as possible to the boundaries of any national park, provincial park or private game reserve to prevent the movement of animals into or out of such park or reserve; or |
| (c ) | erect a temporary fence on or across any land to prevent movement of animals into or out of such land; |
| (d) | install gates, grids or other passages in such a fence; and |
| (e) | construct any road, bridge, causeway, culvert or drift giving access to or required for use in connection with the erection, maintenance, inspection and alteration of such a fence. |
| (2) | The national executive officer must notify the owner or user, as the case may be, of the land in question, of the intention to erect such a fence as well as the nature of such a fence, in the prescribed manner. |
| (3) | The national executive officer may, for the purpose of the application of subsection (1), and after notice is given in terms of subsection (2)— |
| (a) | enter upon and occupy the land, and take with him or her such assistance, officers, conveyance, tents, materials, tools or other things as the executive officer considers necessary; |
| (b) | provide, in the case of a permanent fence, permanent housing, or in the case of a temporary fence temporary housing together with the necessary accessories and equipment on any suitable place on the land for the officers fence; who will maintain such a fence; |
| (c) | subject to subsection (5), dig out and remove any sand, soil, clay, gravel, stone, water, wood or other material that he or she requires from any place on the land or on any nearby land; and |
| (d) | remove vegetation where applicable. |
| (4) | The national executive officer— |
| (a) | must maintain any fence erected and any gate, grid and other passage installed in terms of subsection (1); and |
| (b) | may from time to time effect such alterations or replacements thereto as he or she deems necessary. |
| (5) | The national executive officer may, on submission of a written application to the national executive officer by the land owner or user, as the case may be, pay to such owner or user reasonable compensation on a basis determined by the national executive officer, for the use of any material referred to in subsection (3)(c). |
| (6) |
| (a) | If any action performed in terms of subsection (1) will be of advantage to the owner or user, as the case may be, of the land in question, the national executive officer may, subject to paragraph (b),recover any portion of the costs involved from such owner or user, as the case may be, of such land. |
| (b) | Any amount recoverable in terms of paragraph (a) must be determined by the national executive officer on a basis determined by him or her, and the national executive officer must notify the owner or user, as the case may be, in writing of the amounts recoverable and of the basis on which it was calculated. |
| (7) | No person may— |
| (a) | without the written authority of the national executive officer, remove, alter or impair the efficacy of any fence that has been erected under subsection( 1), or of any gate, grid or passage installed therein under subsection (1) (d); |
| (b) | alter, obstruct or damage any construction contemplated in subsection (1)(e); or |
| (c) | remove or damage any housing provided under subsection (3)(b). |
