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Border Management Authority Act, 2020 (Act No. 2 of 2020)

Proclamations

Transfer of Administration and Powers or Functions entrusted by Legislation to Certain Cabinet Members in terms of Section 97 of the Constitution

Schedule

 

1. The administration of legislation, and powers or funcitons mentioned in Column 1, entrusted to the Cabinet member mentioned in Column 2, of the table below, which legislation, powers or functions pertain to, and are to be exercised or performed within, the border law enforcement area and at ports of entry, are hereby transferred to the Cabinet member mentioned in Column 3 of the table, to the extent mentioned in Column 3.

 

1.1 AGRICULTURE RELATED LEGISLATION:

 

Column 1

Column 2

Column 3

Legislation

Cabinet member previously responsible

Cabinet member to whom administration of legislation, power or function is transferred and extent of transfer

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

• Section 3(1);
• Section 3(2);
• Section 4(1);
• Section 4(2);
• Section 4(3);
• Section 4(4); and
• Section 9(4); 9(5); 9(6) and 9(7).

 

Minister of Agriculture, Land Reform and Rural Development

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to in Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and  at ports of entry, as defined in the Border Management Authority Act, 2020 (Act No. 2 of 2020).

Agricultural Product Standards Act, 1990 (Act No. 119 of 1990):

• Section 4; and
• Section 4A(1), read in conjunction with section 3A.

 

Minister of Agriculture, Land Reform and Rural Development

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to in Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and at ports of entry, as defined in the Border Management Authority Act, 2020 (Act No. 2 of 2020).

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

• Section 6;
• Section 8;
• Section 16; and
• Section 17

 

Minister of Agriculture, Land Reform and Rural Development

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to in Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and at ports of entry, as defined in the Border Management Authority Act, 2020 (Act No. 2 of 2020).

 

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

• Sections 8, 9 and 10; and
• Section 19.

 

Minister of Agriculture, Land Reform and Rural Development

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to in Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and at ports of entry, as defined in the Border Management Authority Act, 2020 (Act No. 2 of 2020).

 

Animal Improvement Act, 1998 (Act No. 62 of 1998):

• Section 13(1)(b);
• Section 16(1);
• Section 17(1); and
• Section 25(1)(e), (k) and (m), read in conjunction with section 25(1)(e)(iii), (k)(iii) and 25(1)(m)(iii).

 

Minister of Agriculture, Land Reform and Rural Development

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to in Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and at ports of entry, as defined in the Border Management Authority Act, 2020 (Act No. 2 of 2020).

 

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947):

 

• Section 16(1); 16(3); 16(4); 16(5) and 16(6)

 

Minister of Agriculture, Land Reform and Rural Development

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to in Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and at ports of entry, as defined in the Border Management  Authority  Act, 2020 (Act No. 2 of 2020 ).

 

Genetically Modified Organisms Act, 1997 (Act No. 15 of 1997):

• Section 16

 

Minister of Agriculture, Land Reform and Rural Development

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to In Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and at ports of entry, as defined in the Border Management Authority Act, 2020 (Act No. 2 of 2020).

 

Liquor Products Act, (Act No. 60 of 1989):

• Section 3(1);
• Section 16(1);
• Section 17(1);
• Section 18; and
• Section 19.

 

Minister of Agriculture, Land Reform and Rural Development

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to In Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and at ports of entry, as defined in the Border Management Authority Act, 2020 (Act No. 2 of 2020).

 

Meat Safety Act, 2000 (Act No. 40 of 2000):

• Section 13(1);
• Section 13(6), 13(7) and 13(8);
• Section 14(1);
• Section 14(7); and
• Section 16.

 

Minister of Agriculture, Land Reform and Rural Development

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to In Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and at ports of entry, as defined in the Border Management Authority Act, 2020 (Act No. 2 of 2020).

 

Perishable Products Export Control Act, 1983 (Act No. 9 of 1983):

• Section 11(a)

 

Minister of Agriculture, Land Reform and Rural Development

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to In Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and at ports of entry, as defined in the Border Management Authority Act, 2020 (Act No. 2 of 2020).

 

Plant Improvement Act, 1976 (Act No. 53 of 1976):

• Sections 24A;
• Section 25(1);
• Section 25(6) to (8);
• Section 26(1);
• Section 26(2)(a)(i);
• Section 26(3) to (7); and
• Section 27(1).

 

Minister of Agriculture, Land Reform and Rural Development

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to In Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and at ports of entry, as defined in the Border Management Authority Act, 2020 (Act No. 2 of 2020).

 

 

1.2 HEALTH RELATED LEGISLATION:

 

Column 1

Column 2

Column 3

Legislation

Cabinet member previously responsible

Cabinet member to whom administration of legislation, power or function is transferred and extent of transfer

Foodstuffs, Cosmetics & Disinfectants Act, 1972 (Act

No. 54 of 1972):

• Sections 2;
• Section 4(c);
• Section 5(b) and (c);
• Section 6;
• Section 9;
• Section 10(3);
• Section 11;
• Section 14(1) and (2);
• Section 18; and
• Section 19.

 

Minister of Health

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to in Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and at ports of entry, as defined in the Border Management Authority Act, 2020 (Act No. 2 of 2020).

Hazardous Substances Act, 1973 (Act No. 15 of 1973):

•        Section 3A(1);

•        Section 8(3);

•        Section 9:

•        Section 9A and 9B;

•        Section 12(1) and (2):

•        Section 13;

•        Section 14;

•        Section 15;

•        Section 17;

•        Section 18;

•        Section 27; and

•        Section 28.

 

Minister of Health

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to in Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and at ports of entry, as defined in the Border Management Authority Act, 2020 (Act No. 2 of 2020).

International Health Regulations Act, 1974 (Act No. 28 of 1974):

Part lll:

• Articles 14, 15, 16, 17(1), 17(3), 19(2), 20 and 23;

Part IV:

• Chapters III, IV and V

Part V:

• Chapter I: Articles 51,52, 53, 54, 55, 56, 57, 58, 59, 60 and 61;
• Chapter II: Articles 62, 63, 64, 65, 66, 67, 68, 69, 70 and 71;
• Chapter III: Articles 72, 73, 74, 75, 76 & 77, 78, 79, 80, 81 and 82; and
• Chapter IV: Articles 83, 84, 85, 86 & 87 and 88; and

Part VI:

• Articles 89, 90, 91, 93 and 94.

 

Minister of Health

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to in Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and at ports of entry, as defined in the Border Management Authority Act, 2020 (Act No. 2 of 2020).

 

National Health Act, 2003 (Act No. 61 of 2003):

• Section 57(3);
• Section 80;
• Section 81;
• Section 82;
• Section 83;
• Section 84;
• Section 85;
• Section 86;
• Section 87;
• Section 88; and
• Section 89.

 

Minister of Health

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to in Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and at ports of entry, as defined in the Border Management Authority Act, 2020 (Act No. 2 of 2020).

 

Tobacco Products Control Act, 1993 (Act No. 83 of 1993):

• Section 3(7);
• Section 3A(1); and
• Section 7(3),

 

Minister of Health

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to in Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and at ports of entry, as defined in the Border Management Authority Act, 2020 (Act No. 2 of 2020).

 

 

1.3 ENVIRONMENT, MARINE AND FORESTRY RELATED LEGISLATION:

 

Column 1

Column 2

Column 3

Legislation

Cabinet member previously responsible

Cabinet member to whom administration of legislation, power or function is transferred and extent of transfer

National Environmental Management Biodiversity Act, 2004 (Act No. 10 of 2004):

• Section 57(1), (1A), (2) and (3) and (4)(a);
• Section 65(1);
• Section 67(1) and (2);
• Section 71(1);
• Section 71A(1);
• Section 81(1)(b);
• Section 101(1)(a) and (b);
• Section 101(2) and (3); and
• Section 102(2) and (2A).

 

Minister of Forestry, Fisheries and the Environment

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to in Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and  at ports of entry, as defined in the Border Management Authority Act, 2020 (Act No. 2 of 2020).

National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008):

• Section 70(1)(b) and (c);
• Section 79(1)(b), (c), (d) and (e); and
• Section 80(1).

Minister of Forestry, Fisheries and the Environment

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to in Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and at ports of entry, as defined in the Border Management Authority Act, 2020 (Act No. 2 of 2020).

National Forests Act, 1998 (Act No. 30 of 1998):

• Section 7(1); and
• Section 15(1);
• Section 58(1) and (2);
• Section 62(1); and
• Section 62(2)(c);

Minister of Forestry, Fisheries and the Environment

Minister of Home Affairs, in so far as the administration of the sections, or powers or functions entrusted by those sections referred to in Column 1, pertain to, or are to be exercised or performed within, the border law enforcement area and at ports of entry, as defined in the Border Management Authority Act, 2020 (Act No. 2 of 2020).