| (a) |
to determine whether and to what extent erosion or other damage occurs on that land; |
| (c) |
to determine the condition of the grazing on that land; |
| (d) |
to determine whether and to what extent the natural vegetation is deteriorating or has been destroyed on that land; |
| (e) |
to determine whether and to what extent the water sources on that land are polluted on account of farming methods or have become weaker or have ceased to exist; |
| (g) |
to demarcate an area on that land which is required to be demarcated for the purposes of this Act or a scheme, and for the purposes of such demarcation to make the necessary surveys and erect or effect beacons or marks; |
| (h) |
make such other surveys, take soil or plant samples and undertake such other investigations as he may deem necessary on that land in order to make an assessment of the condition of the soil, the water sources and the vegetation, and may for the purposes of such assessment take such photographs as he may deem necessary; |
| (i) |
to determine whether sand, soil, clay, gravel, stone or other material which is required for the performance of an act referred to in section 11, is present on that land; |
| (j) |
to determine whether the land user concerned— |
| (ii) |
is complying with the requirements of a direction; |
| (iii) |
is complying with the provisions of a scheme; or |
| (iv) |
is otherwise utilizing the natural agricultural resources in a manner which will ensure that the objects of this Act are achieved on or with regard to that land; |
| (k) |
to inspect the effect of an act referred to in section 11 which has been performed on that land; |
| (l) |
to determine the number and kind of animals on that land; |
| (m) |
to carry out any other investigation connected with any matter referred to in this Act or a scheme, on or in respect of that land; and |
| (n) |
to proceed over that land for the purpose of reaching land on or in respect of which any other duty or function referred to in this subsection is to be performed. |
| (2) |
Any person entering upon land under subsection (1) may— |
| (a) |
examine any book or document in the possession or custody of the land user concerned or his employee, agent or manager, and which on reasonable grounds is suspected to have a bearing on a matter referred to in this Act or a scheme, and make copies of or extracts from such book or document; |
| (b) |
demand an explanation from the land user concerned or his employee, agent or manager, of any relevant entry in a book or document referred to in paragraph (a), or of anything observed by him in connection with a matter referred to in subsection (1); |
| (c) |
demand that the land user concerned or his employee, agent or manager on that land render all reasonable assistance, including the transport of such person on the land concerned, which such person may desire in order to enable him to perform the functions or duties referred to in subsection (1) on or in connection with the land concerned; and |
| (d) |
take with him when he enters upon the land concerned such assistants, labourers, animals, vehicles, implements, equipment, instruments, appliances, chemicals and other aids as he may need to perform the duties referred to in subsection (1) on or in relation to that land. |
| (3) |
No compensation shall be payable to a land user in respect of the rendering of assistance in terms of subsection (2)(c). |
| (4) |
Any person referred to in subsection (1) may at any reasonable time— |
| (i) |
enter upon and inspect any land, building or vehicle on or in which there is any seed, grain, hay or other agricultural product present which contains or is suspected to contain weeds; |
| (ii) |
inspect or test such seed, grain, hay or other agricultural product or take a sample thereof for inspection or testing in order to determine whether it contains weeds; and |
| (iii) |
seize any quantity of such seed, grain, hay or other agricultural product which may serve as proof of any offence under this Act, and remove from or leave on or in such land, building or vehicle such quantity thereof as he may determine, and, if he deems it necessary, affix any identification mark to such seed, grain, hay or other agricultural product or the containers thereof; or |
| (b) |
examine an animal which is driven on a public road, conveyed in a vehicle or offered for sale at a livestock auction, in order to ascertain whether any weed adheres to such animals. |
| (5) |
The executive officer, other officer or authorized person shall produce proof of his identity on being so requested by the land user of the land or the person in charge of the building or vehicle which is entered upon in terms of this section or the person in charge of an animal which is examined in terms of subsection (4). |
| (a) |
obstructs or hinders any officer, member of a conservation committee or authorized person in the exercise of his powers or the performance of his duties in terms of this section or a scheme; |
| (b) |
whenever any person demands from him any statement or explanation in terms of this section or a scheme, refuses or fails to furnish that statement or explanation or furnishes a statement or explanation which is false or misleading, knowing that it is false or misleading; or |
| (c) |
refuses or fails to render to any officer, any member of a conservation committee or any authorized person the reasonable assistance which he demands in the performance of his functions in terms of this section or a scheme, |
shall be guilty of an offence.
Older Persons Act, 2006
