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3812 Government Notice GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA N$9.00 WINDHOEK - 26 March 2007 No. 3812 CONTENTS Page GOVERNMENT NOTICES No. 57 Regulations relating to the issuing of importation permits, the examination of imported plants, plant diseases or insects and the lodging of appeals in terms of Section 32 of the Act: Agricultural Pests Act, 1973 ...................................................................................... 1 No. 58 Regulaions of the registration of fertilizers, farm feeds, sterilizing plants and agricultural remedies: Fertilizers, Farm Feeds, Sterilizing Plants, Agricultural Remedies and Stock Remedies Act, 1947 ......................................................................................................... 12 ________________ Government Notices MINISTRY OF AGRICULTURE, WATER AND FORESTRY No. 57 2007 REGULATIONS RELATING TO THE ISSUING OF IMPORTATION PERMITS, THE EXAMINATION OF IMPORTED PLANTS, PLANT DISEASES OR INSECTS AND THE LODGING OF APPEALS IN TERMS OF SECTION 32 OF THE ACT: AGRICULTURAL PESTS ACT, 1973 The Minister of Agriculture, Water and Forestry has, in terms of section 33 of Agricultural Pests Act 1973 (Act No. 3 of 1973), and in consultation with the Minister responsible for finance, made the regulations set out in the Schedule. SCHEDULE Defi nitions 1. In these regulations a word or expression to which a meaning has been given in the Act bears that meaning, and unless the context otherwise indicates - 2 Government Gazette 26 March 2007 No. 3812 “the Act” means the Agricultural Pests Act, 1973 (Act No. 3 of 1973). Application for permit 2. An application for the permit referred to in section 11 of the Act shall be made on Form AP 1 set out in Annexure 1 and it shall be accompanied by the fee set out in Column A of Annexure 2. Issue of permit 3. (1) The Minister shall consider an application made in terms of regulation 2 and may, subject to section 11 (3) of the Act, grant the application and issue or cause to be issued an import permit in the Form AP 2 set out in Annexure 1. (2) A permit issued in terms of subregulation (1) is valid for a period as indicated on the permit after which a new permit has to be applied for if the permit holder still wishes to import. Ports of entry 4. For the purposes of section 11(4) of the Act importation in terms of that section shall be done at any of the following ports or airports: (a) Hosea Kutako International airport (b) Port of Walvis Bay (c) Port of Lüderitz (d) Ariamsvlei (e) Noord Oewer (f) Vellorsdrift (g) Orangemund (h) Klein Menasse (i) Holgweg (j) Ngoma (k) Wenela (l) Muhembo (m) Impalila (n) Oshikango (o) Ruacana (p) Concor (q) Buitepost (r) Eros (s) Mpacha (t) Windhoek Railway Station (u) Grootfontein Railway Station (v) Tsumeb Railway Station (w) Otjiwarongo Railway Station (x) Gobabis Railway Station (y) PX Post Office (z) Transnamib (aa) Keetsmanshoop Railway Station Examination of imports 5. (1) Any examination referred to in section 21(1) or 22 (1) of the Act shall be carried between the hours of 08.00 hours and 17.00 hours from Mondays to Fridays. No. 3812 Government Gazette 26 March 2007 3 (2) Any examination carried out outside the hours or days specified in subregulation (1) shall be subject to the payment of the amount set out in Column B of Annexure 2. Clearance certificate 6. On payment of the fee specified in Column C of Annexure 2, an inspector shall issue a clearance certificate referred to in section 23 of the Act and the certificate shall be in the form set out in Form AP 3 of Annexure 1. Phytosanitary certificates 7. (1) If any person wishes to export from Namibia any of the plants, animals or things set out in section 11 of the Act, and the importing country requires the production of a phytosanitary certificate, that person shall apply for such certificate to the Permanent Secretary: Ministry of Agriculture, Water and Forestry. (2) An application in terms of subregulation (1) shall be made on Form AP 4 of Annexure 1 and shall be accompanied by the fee set out in Column A of Annexure 2. (3) On receipt of an application made in terms of subregulation (1) the Permanent Secretary shall cause the plant, animal or thing to be examined by an inspector and the provisions of section 21 of the Act shall, with necessary changes, apply to such an examination. (4) If after an examination has been carried out in terms of this regulation, an inspector is satisfied that the plants, animals or things to be exported are free from insects or disease as contemplated in section 21 of the Act, the inspector shall refer the application together with his or her findings to the Minister or a person designated in writing by the Minister, who shall issue to the applicant a phytosanitary certificate set out in Form AP 5 of Annexure 1. Replacement permit or certificate 8. A permit or certificate issued in terms of these regulations may be replaced on payment of the fees set out in Column D of Annexure 2. Appeals to Minister 9. (1) An appeal referred to section 32 of the Act shall be made to the Minister within 30 days of receipt of the decision appealed against. (2) The appeal shall be - (a) in writing; (b) contain the grounds for the appeal as well as any supporting documentation on which such an appeal is based; and (c) accompanied by the fee specified in Column E of Annexure 2. (3) The person appealing shall serve copies of the appeal on the person whose decision is being appealed against and on any other interested person and both shall have the right to reply to each ground of appeal raised and such reply shall also be served on the appellant. 4 Government Gazette 26 March 2007 No. 3812 (4) The Minister shall, as soon as is reasonably possible but in any case not later than 21 days after receiving the appeal, consider the appeal as well as the reply and make a decision which is just and appropriate in the circumstances. (5) If an appeal is - (a) submitted by post, it shall be addressed to the Permanent Secretary: Ministry of Agriculture, Water and Forestry, Private bag 13184, Windhoek; or (b) delivered by hand or courier service, it shall be delivered to the Permanent Secretary, Ministry of Agriculture, Water and Forestry, Government Office Park, Green and Blue Building, Luther Street, Windhoek. ANNEXURE 1 FORMS/CERTIFICATES Form AP 1 application for import permit Form AP 2 import permit Form AP 3 clearance certificate Form AP 4 application for phytosanitary certificate Form AP 5 phytosanitary certificate ANNEXURE 2 FEES A. Application for import permit or phytosanitary certificate N$100-00 B Amount for each hour or part thereof that an examination is carried out in terms of regulation 5(2) N$80 00 C. Issue of clearance certificate N$100-00 D. Replacement permit, clearance certificate or phytosanitary certificate N$150-00 E. Appeal fee: section 32 of the Act N$500-00 No. 3812 Government Gazette 26 March 2007 5 ANNEXURE 1 FORMS/CERTIFICATES Form AP 1 REPUBLIC OF NAMIBIA MINISTRY OF AGRICULTURE, WATER AND FORESTRY Tel: (061) 2087461 Department of Agriculture and Rural Development Fax: (061) 2087778 Division: Extension and Engineering Services Email: [email protected] Private Bag 13184 Enquiries: G. B. Rhodes Windhoek Application for import permit (Regulation 2) Name and Postal address of applicant ........................................................................................................................................... ........................................................................................................................................... ........................................................................................................................................... Hereby apply for a permit in terms of Section 11 (3) the Agricultural Pest Act 1973, (Act. No. 3 of 1973) to import into Namibia the regulated goods of which the particulars appear below Name and address of foreign supplier ........................................................................................................................................... ........................................................................................................................................... ........................................................................................................................................... Country of Origin ............................................................................................................. Distinguish Marks (if any) ............................................................................................... Name and quantity of regulated goods to be imported (specify common and botanical name). ........................................................................................................................................... ........................................................................................................................................... ........................................................................................................................................... (please additional sheet if the space is not enough) Port of entry ..................................................................................................................... 6 Government Gazette 26 March 2007 No. 3812 Expected date of entry ..................................................................................................... Purpose of import (consumption, propagating etc) .........................................................
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