Special Investigating Units and Special Tribunals Act, 1996
R 385
Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983)11. Minister may perform certain acts |
| (1) | The Minister may out of moneys appropriated by Parliament for this purpose perform or cause to be performed on or in respect of any land, any act in relation to any matter mentioned in paragraphs (a) to (p) of subsection (2) of section 6 which he may deem necessary in order to achieve the objects of this Act. |
| (2) |
| (a) | Subject to the provisions of paragraph (b) of this subsection the costs of the performance of any act referred to in subsection (1) or such part of those costs as the Minister may determine, shall be repayable by the owner of the land on or in respect of which the act was performed. |
| (b) | If an act which has been performed on or in respect of any land in terms of subsection (1), has or is likely to have, in the opinion of the Minister, a beneficial effect on the land of another owner, such portion of the costs mentioned in paragraph (a) as the Minister may determine, shall be repayable by such other owner. |
| (3) |
| (a) | Any amount which is repayable in terms of subsection (2) shall for the purposes of the recovery thereof be deemed to be assistance as defined in section 1 of the Agricultural Credit Act, 1966 (Act No. 28 of 1966), which has been rendered by the Minister to the owner concerned on condition that— |
| (i) | if the amount due is repaid within 60 days of the date on which the executive officer has ordered that owner in writing to do so, no interest shall be payable thereon; and |
| (ii) | if the amount due is not so repaid, interest thereon shall be charged at the rate mentioned in section 15(1) of the Agricultural Credit Act, 1966, as from the date on which the executive officer has ordered the repayment concerned in writing. |
| (b) | Notwithstanding the provisions of paragraph (a)(i) the Minister may after consideration of a written application by any owner of land, approve on such terms and conditions as he may in each case determine, including the right to require that a mortgage bond be registered in terms of section 34 of the Agricultural Credit Act, 1966, that— |
| (i) | repayment of the amount due, including interest, be postponed for a specified period; or |
| (ii) | the amount due, including interest, be repaid in specified instalments at specified times. |
| (c) | Notwithstanding anything to the contrary contained in any law, any amount accruing to the Agricultural Credit Account referred to in section 20A of the Agricultural Credit Act, 1966, by virtue of this subsection, shall be transferred to the State Revenue Fund. |
| (4) |
| (a) | The Minister may with the concurrence of the owner of any land and subject to such conditions as may be agreed upon between the Minister and that owner, perform any act referred to in subsection (1) on or in respect of the land of that owner for the purpose of public demonstration or for research in any matter relating to veld, soil or water conservation or the combating of weeds or invader plants. |
| (b) | Notwithstanding the provisions of subsection (2), no portion of the costs of the performance of any act in terms of paragraph (a) of this subsection shall be repayable by the owner of the land concerned. |
| (5) |
| (a) | The Minister, any officer of the department or an authorized person may at any reasonable time— |
| (i) | enter upon any land in order to perform an act referred to in subsection (1) on or in respect of that land or any other land; and |
| (ii) | proceed over any land in order to reach land on or in respect of which any act referred to in subsection (1) is to be performed. |
| (b) | Any person referred to in paragraph (a) may, after notice to the land user of the land so entered upon— |
| (i) | take with him such assistants, labourers, animals, vehicles, implements, equipment, instruments, appliances, chemicals and other aids as he may require for the purposes of an act referred to in subsection (1) whenever he enters upon that land; |
| (ii) | erect a temporary camp on that land; |
| (iii) | dig out or take any sand, soil, clay, gravel, stone, water, bush, wood or other material on that land which he may require for use in connection with the said purposes; |
| (iv) | distribute on or remove from that land any insect or the eggs thereof or any other organism which is injurious to weeds or invader plants occurring on that land, or remove from that land any plant or portion of a plant upon which such insect, eggs or organism is present; and |
| (v) | destroy on or remove from that land any weeds or invader plants which are present thereon. |
| (c) | Any officer or authorized person referred to in paragraph (a) shall produce proof of his identity on being so requested by the land user of the land so entered upon. |
| (6) |
| (a) | The Minister may with the concurrence of the Minister of Finance pay to a land user out of moneys appropriated by Parliament for this purpose such compensation as he may deem reasonable in respect of a temporary camp which is erected on land in terms of subsection (5)(b)(ii), or in respect of sand, soil, clay, gravel, stone, water, bush, wood or other material which is dug out or taken in terms of subsection (5)(b)(iii). |
| (b) | The payment of compensation in terms of paragraph (a) shall only be considered if— |
| (i) | an application in this connection is submitted to the executive officer by the land user concerned in writing within 90 days of the date on which the camp concerned is removed from the land concerned, or the sand, soil, clay, gravel, stone, water, bush, wood or other material concerned is dug out or taken; and |
| (ii) | the act concerned referred to in subsection (5)(a) was not performed on land of the land user concerned or does not have or is not likely to have a beneficial effect on such land. |
| (c) | Compensation paid in terms of paragraph (a) shall form part of the costs referred to in subsection (2)(a). |
