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

9. Restriction on animals or things imported and in transit

 

(1) Subject to subsection (8), no person may import any animal or thing into or convey any imported animal or thing in transit through the Republic except on the authority of a permit issued by the national executive officer.

 

(2) An application for an import or in transit permit referred to in subsection (1) must be made in the prescribed manner and must be accompanied by the prescribed fee.

 

(3) A permit referred to in subsection (1) must—
(a) be obtained by an importer or conveyer before the relevant animal or thing is brought into the Republic;
(b) where the national executive officer requires that the animal or thing in question has to be kept in isolation at a quarantine station or camp referred to in section 11 (1) upon arrival in the Republic, only be issued after proof has been furnished to the national executive officer that accommodation has been reserved at such quarantine station and the reservation fees referred to in section 11 (5) have been paid, or in the case of a quarantine camp, after such camp has been approved by the provincial executive officer; and
(c) subject to subsection (4), be valid for one consignment only.

 

1) If a person imports any animal or thing of the same class from the same country on a regular basis, or regularly conveys such imported animals or things in transit through the Republic, and the national executive officer is satisfied that it will not defeat the objects of this Act, a permit referred to in subsection (1) may be issued for the importation into or conveyance in transit through the Republic of consecutive

 

(5) Any animal or thing in respect of which a permit referred to in subsection (1) or (4) has been issued may—
(a) only be introduced into the Republic through the place of entry specified in the permit in question;
(b) be introduced within the period specified in such permit;
(c) be detained in the prescribed manner at the relevant place of entry;
(d) be made available to the national executive officer at such place of entry for the purpose of performing such controlled veterinary procedures or other acts on or in connection therewith as the national executive officer may deem necessary; and
(e) not be removed from such place of entry without the written authority of the national executive officer, or contrary to any condition referred to in section 10 (1).

 

(6)
(a) The national executive officer may, if he or she knows or reasonably suspects that any animal or thing is, contrary to any provision of this Act or any condition of a permit—
(i) being removed or has been removed from any place outside the Republic for the purpose of import into or conveyance in transit through the Republic;
(ii) about to be imported into or conveyed in transit through the Republic; or
(iii) present on or in any conveyance, or forms part of any consignment that is being or has been brought into the Republic,

direct that such animal or thing or any specific portion thereof may not be brought into the Republic or removed from the place of entry, as the case may be, except with the national executive officer’s consent and on the conditions that he or she may determine.

(b) The national executive officer must, as soon as practicable, make known the provisions of such direction in respect of such importation, off-loading, removal or conveyance to all persons who, to the knowledge of the national executive officer, are or will be involved in the importation, off-loading, removal or conveyance in transit, as the case may be, or to any person in whose service any such persons are, or who exercises control over them.

 

(7) A permit that has been issued in terms of section 6(1)(a) or (c) of the Animal Diseases Act, 1984 (Act No. 35 of 1984), and any direction given in terms of section 6(3) of that Act, that are in force on the date of commencement of this section, are respectively deemed to be a permit referred to in subsection (1) and a directive referred to in subsection (6) of this section.

 

(8) Despite the provisions of subsection (1), a permit referred to in that subsection may not be required in cases where international agreements pertaining to the importation of any animal or thing, bind the country of export and the Republic.