Animal Health Act

26. This Act, excluding- (a) the provisions of any section in so far as it- (i) imposes a duty to pay any fees; or 45 50 40 No. 23675 GOVERNMENT GAZETTE, 30 JULY 2002 Act No. 7,2002 ANIMAL HEALTH ACT. 2002 (ii) grants a right ( b ) the penal provisions, to claim any compensation; and binds the State. Defects in form

27. A defect in the form of any document that in terms of any law is required to be executed in a particular manner, or in a document issued in terms of this Act, may not, if the document substantially complies with the applicable legal requirements, render unlawful any administrative act performed in terms of this Act in respect of the matter to which such document relates, and is not a ground for exception to any legal procedure that may be taken in respect of such matter. 5 10 Regulations 28. ( I ) The Minister may make regulations- ( 0 ) regarding any matter which in terms of this Act is required or permitted to be prescribed; (b) regarding the qualifications, powers ( c ) regarding the payment of fees for services rendered by an officer in terms of and duties of specified persons; 15 this Act; (d) prescnbing- (i) things other than animals or infectious things, as contaminated things; and 20 (ii) animal products or other things, as infectious things; ( e ) declaring certain invertebrates to be an animal for the purpose of this Act; (f) regarding the manner and periods within which specified applications have to be submitted, the documents that are to accompany such applications and the fees that are payable in respect of such ( g ) regarding measures which may relate t o - applications; 25 (i) (ii) the importation and exportation of any animal or thing; the designation diseases; of specified animal diseases as controlled animal (iii) the designation of specified areas as controlled areas in respect of certain 30 controlled animal diseases; (iv) the application of controlled veterinary procedures with regard to any (v) animal or thing; the manner in which any animal or thing which is required or permitted to be isolated under this Act, must be isolated and cared for and treated 35 in isolation; (vi) the manner in which any infectious or contaminated thing, or anything that can be suspected of being an infectious or contaminated thing, must be cared for, treated, disinfected, destroyed or disposed of; (vii) access to certain places; (viii) the taking and analysis of samples of any animal or thing; (ix) records to be kept in respect of any animal or thing; (x) the movement of any animal or thing; (xi) hunting, shooting, capture and disposing of game; (r;ii) (xiii) actions with regard to the carcass of any animal, and the progeny and product of such animal. infected with a controlled animal disease; the disposal of any animal or thing; the slaughter of any animal under certain conditions; (xiv) (XV) the erection and use of dipping tanks, spray races and crushes; (xvi) the use of specified remedies in respect of specified controlled animal diseases; and ( h ) prescribing any matter that may be expedient or necessary in order to achieve the purposes of this Act. 40 45 50 (2) A measure referred to in paragraph (l)(g) may- ( a ) impose a prohibition, restriction or obligation with regard to any matter 55 mentioned in that paragraph; 42 No. 23615 GOVERNMENT GAZElTE, 30 JULY 2002 Act No. 7, 2002 ANIh4AL HEALTH ACT, 2002 (b) provide that a person may by means of a written consent be exempted from the prohibition, restriction or obligation concerned; and (c) specify the procedure with regard to the lodging of an application for such consent and the fees, if any, that are payable in respect thereof. (3) If a measure referred to in paragraph (l)(g) has been prescribed for a particular area, the national executive officer must in the manner prescribed, notify all owners and users, as the case may be, of land and owners of animals, in that area, of the type of measure that will apply, the area that will be affected and, where applicable, the period within which the measure must apply. 5 (4) Different regulations that differ in respects deemed expedient by the Minister may 10 be made under this section, subject to the provisions of this Act, in relation to different areas in the Republic, different classes of animals and things or animal diseases or parasites. Offences and penalties 29. (1) Any verson w h o - * I 15 l O ( 1 ) and (3), 12, 13(4) or 25; participant in a scheme, contravenes any provision of that contravenes or fails to comply with any provision of sections 7,8( I), 9( I ) , (4) and ( 3 , removes any animal or thing that has been isolated or is being detained under or pursuant to any provision of this Act, without the written authority of the national executive officer or contrary to any condition of such authority, from 20 such isolation or detention; obstructs or hinders the national executive officer, provincial executive officer, an authorised person, assignee or any other person in the exercise of any power or the performance of any duty under this Act; refuses or fails to comply with any prohibition, restriction or obligation, or 25 any condition relating thereto, contained in a prescribed measure that applies to such person or any animal or thing belonging to or in the control of such person; refuses or fails to comply with any directive issued in terms of section 14 (1); refuses or fails to comply with a condition or requirement subject to which a 30 permit, certificate, authority, consent or other proof of assent or approval has been issued under this Act; while being a scheme or fails to comply therewith; refuses or fails to stop any conveyance, or to permit the national executive officer, provincial executive officer, authorised person or assignee to take it under his or her control, as contemplated in section 19(1), whenever such person is for that purpose directed or requested by the national executive officer, provincial executive officer, authorised person or assignee; refuses or fails to render reasonable assistance whenever it is demanded from 40 him or her in terms of section 19(2)(b); refuses or fails to provide information or give an explanation or an answer to a question lawfully required in terms of section 19(2)(0) and ( p ) , or furnishes information, an explanation or an answer that is false or misleading, knowing that it is false or misleading; damages, destroys or otherwise tampers with any sample taken under this Act, or any object so seized; damages, removes or otherwise tampers with any conveyance, appliance, instrument, tool, equipment, remedy or any other object belonging to or under the supervision executive officer, assignee, an authorised person or any other person who is exercising or performing or is required to exercise or perform any power or duty in terms of this Act, with or in connection with any such object or, in the case of any such animal, injures it, or removes it without the consent of any interferes such person, or otherwise or custody of the national executive officer, provincial with it; 35 45 50 55

44 No. 23615 GOVERNMENT GAZETTE, 30 JULY 2002 Act No. 7,2002 ANIMAL HEALTH ACT, 2002 (m) alters in any manner or forges in any manner any permit, certificate, consent or other proof of assent or approval that is issued or rendered under this Act, or obtains such document or any other decision that is required or permitted to be given, from the national executive officer, provincial executive officer, assignee, or authorised person under false pretences: (n) with the intent to evade any provision of this Act, uses a document that has 5 been altered or forged as contemplated in paragraph (m); (0) damages, destroys, moves, removes, erases, alters or otherwise tampers with any beacon, mark or seal that has, under any provision of this Act, been installed or affixed on, or in connection with, any land, animal or thing or any 10 other thing; ( p ) performs any act for which a permit. consent or authority or other document is required under this Act, without such permit, consent, authority or document having been issued, granted or given in respect thereof to him or her, such performance not being penalised by any other provision of this 15 subsection; (9) obtains, or aids and abets any other person to obtain, by means of false representations, any compensation under this Act; ( I ) contravenes any provision of a prescribed measure, or fails to comply therewith; (s) refuses or fails to receive any directive or other document served on him or her in terms of this Act: ( t ) as a successor in tjtle to an owner of any animal or thing, or land to which the provisions of this Act applies, fails to comply with any instruction, directive or provision that is applicable to that animal or thing, or land; ( u ) contravenes or fails to comply with any provision of this Act, such contravention or failure not being penalised by any other provision of this subsection, 20 25 is guilty of an offence. (2) Any person found guilty of an offence under this Act is- ( a ) in the case of a first conviction, liable to a fine or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment; 30 (b) in the case of a second or subsequent conviction, whether the same or any other offence referred to in subsection (l), liable to a fine or to imprisonment for a period imprisonment. not exceeding four years, or to both such fine and such 35 (3) An offence relating to the contravening of section 9(6) is, for purposes of jurisdiction of a court, deemed to have been committed in any place where the accused happens to be. (4) Despite anything contained in any other law, a magistrate’s court is competent to 40 impose any penalty provided for in this section. ( 5 ) On any conviction for an offence under this Act, a conviction for an offence under any Act repealed by section 32( 1) of this Act, or of any law made thereunder, is deemed to be a previous conviction under this Act. evidence and Presumptions

30. In any prosecution for any offence under this Act- (a) it is presumed. in the absence of evidence to the contrary, that any sample taken from an animal or thing in terms of this Act is representative of that animal or thing from which it was taken and that such animal or thing possesses the same properties as that sample; (bj any document purporting to be certified by the national executive officer, assignee, provincial executive officer or authorised person to the effect that it is a true copy of the document to which the proceedings relate, is admissible as evidence in any court without any further proof or the production of the original document; 45 50 55 46 No. 23675 GOVERNMENT GAZETTE, 30 JUL,Y 2002 Act No. 7,2002 ANIMAL HEALTH ACT, 2002 (c) particulars of any event, action or facts that have been recorded in terms of a officer, assignee, provincial prescribed measure by the national executive prima facie executive o3jcer or authorised person may be accepted as evidence of the event, action or facts in question, and are, in the absence of evidence to the contrary, admissible as evidence in any court; (d) any declaration or other document that purports to have been issued by the government of, or any competent authority in, any foreign State is prima facie evidence of such declaration or of the event, action or facts stated therein and is, in the absence of evidence to the contrary, admissible as evidence in any court. 5 10 Repeal of laws and transitional provisions 31. (1) Subject to subsection (2), the laws specified in the second column of the Schedule are hereby repealed. (2) Any regulation or scheme made or anything done under any provision of the Animal Diseases Act, 1984 (Act No. 35 of 1984), and which was in force immediately 15 prior to the commencement of this Act, is deemed to have been made or done under a corresponding provision of this Act. Short title

32. This Act is called the Animal Health Act, 2002, and comes into operation on a date fixed by the President by proclamation the in Gazette. 20 48 No. 23675 GOVERNMENT GAZETTE, 30 JULY 2002 Act No. 7,2002 ANIMAL HEALTH ACT, 2002 SCHEDULE (Section 31) No. and year of law Act No. 35 of 1984 I Act No. 18 of 1991 1 Short title I Animal Diseases Act. 1984

1 Animal Diseases Amendment Act. 1991 1