Animal Health Act, 2002 (Act No. 7 of 2002)

1. Definitions

Purchase

(1)	In this Act, unless the context indicates otherwise—

"animal"

means—

any mammal, bird, fish, reptile or amphibian which is a member of the phylum vertebrates, including the carcass thereof;

any invertebrate which is prescribed as an animal for the purpose of this Act;

"animal disease"

means an impairment or disturbance of the normal function of any organ or the body of any animal that is caused by any protozoon, bacterium, virus, fungus, prion, rickettsia, parasite, other organism or substance;

"animal or thing"

means any animal, infectious thing, contaminated thing, animal product and any progeny or product in respect thereof;

"animal product"

means any part or portion of, or product derived from or yielded by, any animal, including any such part, portion or product that has been processed;

"assignee"

means any person, undertaking, body, institution or association designated under section 4;

"authorised person"

means a person contemplated in section 3(1)(a)(ii);

"contaminated thing"

means any thing other than an animal or an infectious thing—

by means of which an animal disease can be spread; or

which in the prescribed manner is declared to be a contaminated thing for the purposes of this Act;

"controlled animal disease"

means any animal disease which is—

prescribed to be a controlled animal disease for the purpose of this Act; or

not indigenous or native to the Republic;

"controlled purpose"

means the prevention of the bringing into the Republic or, the prevention or combating of or control of an outbreak or the spreading, or the eradication, of any animal disease or, where applicable, of any parasite;

"controlled veterinary procedure"

in relation to any animal or thing, means—

(a)	the isolation, detention, inspection, counting, examination, testing, immunisation, disinfection, dipping, observation, sampling, marking, movement, treatment, care, destruction or any other disposal thereof;

(b)	the carrying out of any intervention or of any post-mortem or other examination or other examination thereon; or

(c)	the rendering of any service pertaining specifically to the veterinary profession referred to in the rules made under section 30(1)(a) of the Veterinary and Para-Veterinary Professions Act, 1982 (Act No. 19 of 1982), in respect of any such animal or thing,

for any controlled purpose;

"Control measure"

means any measure prescribed under section 28(1)(g);

"conveyance"

means any aircraft, ship, boat, train, motor car, van, wagon, truck, cart or other vehicle, or animal, or other mode of transport of whatever kind, including the fittings and equipment and, in the case of an animal, the harness and tackle thereof;

"conveyer"

means a person who conveys any imported animal or thing in transit through the Republic;

"department"

means the national Department of Agriculture;

"Director-General’’

means the Director-General of the department;

"infectious thing"

means—

(a)	an animal that is infected or is suspected of being infected with an animal disease;

(b)	the progeny or product of an animal referred to in paragraph (a);

(c)	any protozoon, bacterium, virus, fungus, prion, rickettsia, parasite or other organism or substance that can cause an animal disease; and

(d)	any other thing that is prescribed to be an infectious thing for the purposes of this Act;

"in transit"

means the conveyance of an animal or thing that has been imported through a port of entry into the Republic, in transit through the Republic to another country after its release from the port of entry;

"land"

includes any building, structure, enclosure, premises, harbour, jetty, quay or mooring;

"MEC"

means the member of the Executive Council of the province in question responsible for animal health in that province;

"Minister"

means the national Minister of Agriculture;

"national executive officer"

means the officer designated as such in terms of section 2(1);

"officer"

means an officer as defined in section 1 (1) of the Public Service Act, 1994 (Proclamation No. 103 of 1994), who is authorised in terms of section 3(1)(a) and (2);

"owner"

in relation to—

(a)

animals or things, conveyances and other movable property, means the person in whom ownership in respect thereof is vested and includes a person who is responsible for the control or management thereof or a person who has such animal or thing. conveyance or movable property in his or her possession, but in the case of game or animals that are not branded in terms of the Livestock Brands Act, 1962 (Act No. 87 of 1962), or of which the ownership cannot readily be established, the user of the land on which such game or animals are present is deemed to be the owner thereof; and

(b)

land—

(i)	means the person in whose name that land i s registered;

(ii)	that has been purchased by a person but has not yet been registered in his or her name, means such purchaser;

(iii)

that is subject to a usufruct, means the usufructuary; and

(iv)

of which the owner or purchaser is a minor, mentally disabled person, insolvent or is otherwise incompetent in law to administer his or her estate, or is deceased, or is a body corporate under judicial management or liquidation, means the agent or legal representative of such owner or purchaser or another person authorised by law to administer his or her affairs or, in the case of a body corporate, the judicial manager or liquidator thereof;

"parasite"

means any organism that is detrimental to the health of any animal, or which is capable of causing or spreading any animal disease;

"permit"

means any permit issued under this Act;

"prescribed"

means prescribed by regulation;

"progeny or product"

in relation to any animal or infectious thing other than an animal, contaminated thing, animal product or parasite, means any other animal or animal product, other such infectious thing, or other contaminated thing, animal product or parasite, obtained or derived therefrom, or descended or produced by, from or by means thereof, whatever the connection or degree of descent or relationship;

"provincial executive officer"

means the officer of the province in question designated as such in terms of section 5(2);

"quarantine station"

means any quarantine station established under section 11;

"quarantine camp"

means any quarantine camp declared under section 11;

"regulation"

means any regulation made under section 28;

"remedy"

means any stock remedy which has been registered under the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947), including any medicine or veterinary medicine as defined in section 1 of the Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965);

"scheme"

means any scheme established under section 16;

"this Act"

includes any regulation and scheme;

"user"

in relation to land—

(a)	means any person who has a personal or real right in respect of land in his or her capacity as fiduciary, fidei commissary, servitude holder, possessor, lessee or occupier, irrespective of whether or not he or she resides thereon;

(b)	in the case of land under the control of a local government body as defined in section 1(1) or (2) of the Local Government Transition Act, 1993 (Act No. 209 of 1993), means that local government body;

(c)	means any other person who is generally recognised as having a right of tenure on the land concerned;

"veterinarian"

means a veterinarian as defined in section 1 of the Veterinary and Para-Veterinary Professions Act, 1982 (Act No. 19 of 1982).

(2)

For the purposes of this Act, unless the context indicates otherwise, any reference to land, in the case of land registered under a separate title deed as a separate unit in any deeds registry and that is adjoined by other land separately registered in the name of the same owner, must, irrespective of the respective pieces of land being divided physically by natural means or by roads, railway lines, aqueducts or otherwise, be construed as a reference to such land and such adjoining land as one unit.