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Sugar Act, 1978 (Act No. 9 of 1978)

Sugar Industry Agreement, 2000

Chapter 7 : South African Sugar Association and Disposal of Crop

190 - 194. Imposition of Levies

 

190. Industry obligations and Growers' Statutory Costs shall be met by means of financial levies imposed upon sugar from time to time by the South African Sugar Association in terms of its constitution.

[Clause 190 substituted by section 1(w) of Notice No. R. 700, GG43466, dated 23 June 2020]

 

191. The expenditure of the South African Sugar Association referred to in clause 176 shall be met by means of financial levies imposed on any grower, miller or refiner or group of growers, millers or refiners as the South African Sugar Association may deem appropriate having regard to the nature of the expenditure concerned.

 

192. The levies referred to in clauses 190 shall be imposed upon all refiners and millers in respect of and pro rata in relation to the respective output of each miller and refinery in respect of any period and for that purpose—
(a) “output” in relation to a refiner, means the tonnage of sugar of its own manufacture sold by it being that part of its saleable production as determined by the South African Sugar Association from time to time;
(b) “output” in relation to a mill, means the tonnage of sugar of its own manufacture sold by it together with the tonnage of other sugar acquired and sold by it, after deduction of the tonnage thereof sold to a refiner, being that part of its saleable production as determined by the South African Sugar Association from time to time; and
(c) “sold by it” shall include any sugar sold or disposed of by a refiner to a mill and the tonnage of sugar so sold by a refiner to a mill or by one mill to another mill, for whatever purpose, shall be leviable upon such sale on condition that this shall not preclude the pooling of the production of any grade of sugar and the levying thereof upon sale,  on such basis as may be approved by the South African Sugar Association.

 

193. Each refiner and each miller shall within 14 days notify the South African Sugar Association in writing when called upon to do so of its respective output of sugar during a stated period and if any refiner or any miller declines or fails to notify the South African Sugar Association of its output for the relevant period, the South African Sugar Association may estimate the output of the refiner or miller concerned, on such information as is available to the South African Sugar Association, and charge the levies on such estimate.

 

194. Each such levy shall be a debt due to the South African Sugar Association and recoverable by it on such date in each month as the South African Sugar Association shall determine.