Conservation of Agricultural Resources Act: Establishment of a Soil Conservation Scheme (G.N.R. No. 1047 of 1984)

EnviroLeg cc CONSERVATION OF AGRICULTURAL RESOURCES Reg p 1 GN R. 1047 GG9238 25 May 1984 CONSERVATION OF AGRICULTURAL RESOURCES ACT, 1983 (ACT 43 OF 1983) SOIL CONSERVATION SCHEME - ESTABLISHMENT I, Gert Jeremias Kotzé, Deputy Minister of Agriculture, acting on behalf of the Minister of Agriculture hereby establish by virtue of section 8 read with section 9 of the Conservation of Agriculture Resources Act, 1983 (Act 43 of 1983), the soil conservation scheme in the Schedule. G.J. KOTZÉ Deputy Minister of Agriculture SCHEDULE Definitions 1. Any word or expression in this scheme to which a meaning has been assigned in the Act shall have that meaning and, unless the context otherwise indicates drainage work means a soil conservation work classified in terms of section 6 (2) as a drainage work; drought relief work means a soil conservation work classified in terms of section 6 (4) as a drought relief work; excessive soil loss means the loss of soil through erosion that in the opinion of the executive officer exceeds the norm which he deems tolerable in a given situation with due regard to the relevant natural factors and farming practices; extension office means an office of the department established with a view to the rendering of agricultural extension services; farm plan means a farm plan referred to in section 11; farm unit means one or more pieces of land, each of which is registered separately in a deeds office, and which is framed as a single unit; protection work means a soil conservation work classified in terms of section 6 (1) as a protection work; the Act means the Conservation of Agricultural Resources Act, 1983 (Act 43 of 1983), and the regulations made thereunder; veld means land which is not being or has not been cultivated and on which indigenous vegetation, or other vegetation which in the opinion of the executive officer is or can be utilised as grazing for animals, occurs; EnviroLeg cc CONSERVATION OF AGRICULTURAL RESOURCES Reg p 2 veld utilisation work means a soil conservation work classified in terms of section 6 (3) as a veld utilisation work; and waterway means an artificial flow path constructed on land in order to carry away run-off water without causing excessive soil loss. Name of scheme 2. This scheme shall be known as the Soil Conservation Scheme. Objects of scheme 3. The objects of this scheme shall be to promote the construction of certain soil conservation works with a view to maintaining the production potential of land and to combating or preventing excessive soil loss through erosion, and to regulate the payment of subsidies out of moneys appropriated by Parliament for the purposes of this scheme. Application of scheme 4. This scheme shall apply to all land except land specified in section 2 (1) of the Act. Acts in respect of which subsidies may be paid 5. Subsidies may be paid in terms of this scheme in respect of the construction of soil conservation works classified as protection works, drainage works, veld utilisation works or drought relief works. Classification of soil conservation works 6.(1) A soil conservation work may for the purposes of this scheme be classified as a protection work if the executive officer is satisfied that it is (a) a weir that has as its object to stabilise a water course; (b) a donga barrier or embankment that has as its object to stabilise a donga or to cause it to silt up; (c) a drop-inlet, chute or training bank that has as its object to stabilise a donga head; (d) a barrier that has as its object to prevent the scouring of a donga embankment; (e) an embankment, storm-water furrow, inverted contour bank or a spreader bank that has as its object to reclaim denuded or eroded land; (f) a storm-water furrow, contour bank or waterway that has as its object to protect cultivated land against excessive soil loss; (g) a work that has as its object to reclaim drift sand by covering it with suitable material or establishing a cover crop thereon; or EnviroLeg cc CONSERVATION OF AGRICULTURAL RESOURCES Reg p 3 (h) a fence around an area where excessive soil loss due to erosion through water or wind occurs or which is vulnerable thereto. that has as its object to fence off that area in order to withdrawn it from cultivation or grazing with a view to the reclamation thereof. (2) A soil conservation work may for the purposes of this scheme be classified as a drainage work if the executive officer is satisfied that it is an open drainage furrow or underground drainage passage that has as its object to prevent, by means of the drainage and safe disposal of excess surface or underground water, the waterlogging or salination of land. (3) A soil conservation work may for the purposes of this scheme be classified as a veld utilisation work if the executive officer is satisfied that it is (a) a camp fence that has as its object to separate the veld of a farm unit into morphological units or to divide such morphological units in order that such veld may be alternately grazed and rested according to the physiological requirements of the vegetation thereon; or (b) a stock watering system that has as its object to provide drinking water for animals when a particular morphological unit or a division thereof is grazed. (4) A soil conservation work may for the purposes of this scheme be classified as a drought relief work if the executive officer is satisfied that it is (a) a storage facility for fodder; or (b) a feedlot or feed paddock equipped with feeding troughs and a stock watering system, that has as its object to create feeding facilities on a farm unit for animals that are to be withdrawn from the veld of that farm unit during a severe drought. Basis for the determination of subsidies 7.(1) The subsidies that may be paid in terms of this scheme in respect of the construction of soil conservation works shall be determined in accordance with the applicable tariffs as recorded in a tariff list approved by the Minister with the concurrence of the Minister of Finance and kept at the office of the executive officer for this purpose. (2) Such tariff list shall be deemed to form part of this scheme. (3) Copies of the tariff list referred to in subsection (1) shall be available for inspection at (a) the office of the executive officer; (b) the office of each regional director; (c) each extension office; and (d) such other office as the executive officer may determine. Requirements for payment of subsidies 8. A subsidy may be paid to a land user in terms of this scheme in respect of the construction of a soil conservation work if EnviroLeg cc CONSERVATION OF AGRICULTURAL RESOURCES Reg p 4 (a) that land user is the owner of the farm unit on which such soil conservation work has been constructed; (b) the farm unit on which such soil conservation work has been constructed (i) is situated within the area referred to in section 4; and (ii) has been entered for participation in this scheme in terms of section 10 or is deemed to have been thus entered; (c) such soil conservation work has been classified in terms of section 6 as a protection work, a drainage work, a veld utilisation work or a drought relief work; (d) the construction of such soil conservation work has been indicated as a proposed work in the list of soil conservation works forming part of the farm plan for the farm unit concerned; (e) a consent for the construction of such soil conservation work has been issued in terms of section 12 or is deemed to have been thus issued; (f) a notice of the completion of such soil conservation work has been furnished in terms of section 13 or is deemed to have been thus furnished; (g) the place at which such soil conservation work has been constructed corresponds with the approximate position thereof as indicated on the map forming part of the farm plan for the farm unit concerned; (h) the dimensions and specifications of such soil conservation work correspond with the plans and specifications that accompanied the relevant consent referred to in section 12 or have been accepted in terms of that section; (i) a statement or report on such soil conservation work has been made or compiled in terms of section 15 or is deemed to have been thus made or compiled; (j) such statement or report has been accepted by the executive officer in terms of section 16, and moneys appropriated for the purposes of this scheme are available; and (k) all the other provisions of this scheme with regard to such soil conservation work and the farm unit on which it has been constructed have been complied with. Application for participation in scheme 9.(1) An application for the entry of a farm unit with a view to participation in this scheme shall be made on a form obtainable for this purpose from an extension office. (2) Such an application form shall (a) subject to the provisions of subsection (4), be completed by the owner of the farm unit concerned; and (b) after being thus completed, be lodged at the extension office for the area within which the farm unit concerned is situated. EnviroLeg cc CONSERVATION OF AGRICULTURAL RESOURCES Reg p 5 (3) An application form referred to in subsection (2) shall, unless the documents concerned have previously been submitted together with an application for the payment of subsidies or grants in terms of section 6 of the Soil Conservation Act, 1969 (Act 76 of 1969), or an application for the entry of the farm unit concerned with a view to participation in another scheme, be accompanied by (a) documentary proof of the identity of the applicant concerned; (b) a certified copy of the title deed of the land comprising the farm unit concerned; (c) if applicable, a certified copy of (i) the purchase agreement in respect of the land comprising the farm unit concerned, if that land has not yet been registered in the name of such applicant: Provided that no subsidy shall in such case be payable before a certified copy of the title deed whereby the land concerned was registered in the name of that applicant has been submitted; or (ii) documentary evidence of the usufruct to which the land comprising the farm unit concerned is subject, if such applicant is the usufructuary of that farm unit; and (d) such other applicable documents as may be required in terms of subsection (4). (4) If the owner of a farm unit in respect of which an application form referred to in subsection (1) has been completed (a) is a minor, the application form shall be signed by the parent or legal guardian of such minor; (b) is a married woman, the application form shall be countersigned by her spouse as evidence that she is assisted by him; (c) is an estate, the application form shall be signed by the executor or curator of such estate: Provided that such application form shall be accompanied by a certified copy of the letter of appointment of the executor or curator concerned; (d) is a juristic person, the application form shall be signed by a person who is duly authorised thereto: Provided that (i) the capacity of the person concerned shall be specified on such application form; and (ii) such application form shall be accompanied by a certified expert from the minutes containing the resolution whereby that authority was granted; (e) has authorised another person to apply on his behalf, the application form shall be signed by the authorised person concerned: Provided that such application form shall be accompanied by the proxy concerned; (f) is a partnership or such farm unit is owned by more than one person, the application form shall be signed by all the partners or co-owners concerned unless one of the partners or co owners has a proxy referred to in paragraph (e); or (g) is a trust, the application form shall be signed by the trustee of such trust: Provided that such application form shall be accompanied by certified copies of the documents whereby the trust concerned was created and the trustee concerned appointed. EnviroLeg cc CONSERVATION OF AGRICULTURAL RESOURCES Reg p 6 (5) An application for the payment of subsidies in terms of section 6 of the Soil Conservation Act, 1969 (Act 76 of 1969), in connection with the construction of a soil conservation work on a farm unit that was lodged prior to the date of commencement of this scheme but had not yet been approved on that date shall be deemed to be an application referred to in subsection (1). Entry of farm units 10.(1) If the executive officer approves an application for the entry of a farm unit with a view to participation in this scheme, he shall notify the applicant concerned thereof in writing: Provided that an application shall not be thus approved unless a farm plan for the farm concerned will be provided to the applicant concerned together with such notice. (2) A farm unit shall be deemed to have been entered for participation in this scheme if an application by the current owner of the farm unit for the payment of subsidies in terms of section 6 of the Soil Conservation Act, 1969 (Act 76 of 1969), in connection with the construction of soil conservation works thereon was approved in terms of the said Act prior to the date of commencement of this scheme and such approval is still in force. (3) The entry of a farm unit for participation in this scheme shall lapse if (a) the owner of the farm unit concerned (i) has notified the executive officer in writing of his intention to withdraw the farm unit from participation in this scheme; and (ii) has repaid to the executive officer the subsidies, if any, that were paid to him in terms of this scheme or in terms of section 6 of the Soil Conservation Act, 1969 (Act 76 of 1969), in respect of the construction of soil conservation works on the farm unit, or such portion of those subsidies as the executive officer may determine; or (b) the person to whom a notice in terms of subsection (1) or an approval referred to in subsection (2) was issued, is no longer the owner of the farm unit concerned. Farm plans 11.(1) A farm plan referred to in section 10 (1) of this scheme shall be provided to a land user in terms of section 10 of the Act for use by him in connection with the utilisation and conservation of the natural agricultural resources. (2) Such a farm plan shall consist of (a) a map of the farm unit concerned on which the approximate positions of all existing and proposed soil conservation works, as well as of all roads, railway lines, watercourses, permanent fountains, boreholes, buildings, other prominent land marks and such other particulars as are deemed necessary for the purposes of the Act or a scheme are indicated; (b) a list of the soil conservation works that (i) are recommended for construction on the farm unit concerned, and in respect of which subsidies could be paid in terms of this scheme; and EnviroLeg cc CONSERVATION OF AGRICULTURAL RESOURCES Reg p 7 (ii) have already been constructed on the farm unit concerned, irrespective of whether subsidies were previously paid in respect thereof in terms of this scheme or in terms of section 6 of the Soil Conservation Act, 1969 (Act 76 of 1969); (c) a management programme with regard to the utilisation and conservation of the natural agricultural resources on the farm unit concerned, in so far as it relates to (i) the management of the veld and lands of that farm unit; (ii) the maximum number of each kind, type or breed of animal that should be kept on that farm unit; (iii) the size and composition of the herds that should be kept on that farm unit; and (iv) such other matters as may be deemed expedient in a particular case; and (d) such further documents as may be deemed necessary in particular case. (3) A document that (a) consists of a map referred to in subsection (2) (a) and a list referred to in subsection (2) (b); (b) has been provided to the current owner of a farm unit prior to the date of commencement of this scheme; and (c) is still in force on such date of commencement, shall be deemed to be a farm plan referred to in subsection (1): Provided that such a farm plan shall be supplemented with a management programme referred to in subsection (2) (c) on the first occasion that such map or list is amended, supplement or substituted in terms of subsection (4). (4) The executive officer may at any time, either of his own accord or at the request of the owner of a farm unit, amend, supplement, substitute or, subject to the provisions of subsection (5), withdraw the farm plan for that farm unit. (5) If any assistance has been rendered to the owner of a farm unit under a scheme or any subsidy or grant has been paid or made to him in terms of section 6 of the soil Conservation Act, 1969 (Act 76 of 1969), the farm plan for that farm unit shall not be withdrawn in terms of subsection (4) unless (a) another farm plan is issued for it; or (b) the entry of that farm unit with a view to participation in this scheme has lapsed in terms of section 10 (3). Consent to construct soil conservation works 12.(1) The construction of a proposed soil conservation work specified in a list referred to in section 11 (2) (b) shall not commence before the executive officer has consented thereto in writing. (2) An application for a consent referred to in subsection (1) shall be made on a form obtainable for this purpose from an extension office. EnviroLeg cc CONSERVATION OF AGRICULTURAL RESOURCES Reg p 8 (3) Such an application form shall (a) subject to the provisions of section 9 (4), be completed by the owner of the farm unit concerned; (b) after being thus completed, be lodged at the extension office for the area within which the farm unit concerned is situated; and (c) be accompanied by a statement on a form obtainable for this purpose from an extension office, in which particulars are furnished of the number of animals kept on the farm unit concerned. (4) An application for a consent for the construction of a proposed soil conservation work in respect of which subsidies would have been payable in terms of section 6 of the Soil Conservation Act, 1969 (Act 76 of 1969), that was lodged prior to the date of commencement of this scheme but had not yet been approved on that date shall be deemed to be an application referred to in subsection (2). (5) If the executive officer approves an application referred to in subsection (2), he shall issue a written consent to the applicant concerned to commence with the construction of the proposed soil conservation work concerned. (6) Such a consent shall (a) specify the proposed soil conservation work to which it relates; (b) specify the expiry date thereof; (c) in the case of a proposed soil conservation work that will be constructed with material that has to be purchased, specify the material in respect of which invoices have to be obtained and preserved for perusal by the executive officer; and (d) be accompanied by the plans and specifications in accordance with which the proposed soil conservation work concerned must be constructed. (7) Notwithstanding the provisions of subsection (6) (d), an owner may lodge his own plans and specifications for a proposed soil conservation work when submitting an application referred to in subsection (2), and, if the executive officer accepts such plans and specifications, they shall be deemed to be those in accordance with which the proposed soil conservation work concerned must be constructed. (8) A consent referred to in subsection (1) shall not be issued unless the executive officer is satisfied that the number of animals kept on the veld of the farm unit concerned does not exceed the maximum number of animals as determined on the basis of the prescribed grazing capacity for that farm unit. (9) A consent to construct a proposed soil conservation work in respect of which subsidies would have been payable in terms of section 6 of the Soil Conservation Act, 1969 (Act 76 of 1969), that was issued prior to the date of commencement of this scheme shall, if it is still in force on such date, be deemed to be a consent referred to in subsection (1). EnviroLeg cc CONSERVATION OF AGRICULTURAL RESOURCES Reg p 9 Notices of completion of construction 13.(1) The executive officer shall be notified of the completion of each soil conservation work constructed in terms of a consent referred to in section 12. (2) Such a notice shall (a) subject to the provisions of section 9 (4), be furnished by the owner of the farm unit on which such a soil conservation work was constructed; (b) be conveyed to the officer in charge of the extension office for the area within which the farm unit concerned is situated; and (c) be thus conveyed on or before the expiry date specified in the consent concerned. (3) If a notice of the completion of a soil conservation work is not furnished on or before the expiry date referred to in subsection (2) (c), the executive officer may (a) refuse to pay any subsidy in respect of the construction of that soil conservation work; or (b) postpone the payment of the subsidy in respect of the construction of that soil conservation work for such period as he may determine. (4) A notice of the completion of the construction of a soil conservation work in respect of which subsidies would have been payable in terms of section 6 of the Soil Conservation Act, 1969 (Act 76 of 1969), that was furnished prior to the date of commencement of this scheme shall, if such subsidies had not yet been paid on that date, be deemed to be a notice referred to in subsection (1). Extension of validity of consents 14.(1) If a proposed soil conservation work will probably not be completed in time to ensure that a notice referred to in section 13 (1) can be furnished on or before the expiry date referred to in section 13 (2) (c), the executive officer may on application postpone that expiry date. (2) The provisions of section 12 with regard to an application for a consent to construct a proposed soil conservation work shall apply mutatis mutandis with regard to an application for the postponement of the expiry date specified in such consent: Provided that such application shall reach the extension office concerned not later than the expiry date specified in the consent concerned. (3) When the executive officer approves an application for the postponement of the expiry date specified in a consent referred to in section 12, he shall issue a fresh consent for the construction of the proposed soil conservation work concerned. Statements and reports on construction of soil conservation works 15.(1) The executive officer shall (a) request the person who has furnished a notice referred to in section 13 to make a statement relating to the construction of the soil conservation work concerned; or EnviroLeg cc CONSERVATION OF AGRICULTURAL RESOURCES Reg p 10 (b) inspect such soil conservation work and compile a report on the construction thereof. (2) A statement referred to in subsection (1) (a) shall be made on a form obtainable for this purpose from an extension office and shall (a) subject to the provisions of section 9 (4), be made by the owner the farm unit concerned; (b) be thus made in the presence of an officer of the department employed at the extension office for the area within which the farm unit concerned is situated; (c) state the exact dimensions and specifications of the soil conservation work concerned; and (d) contain a confirmation that (i) the soil conservation work concerned has been fully constructed in accordance with the plans and specifications provided or accepted in terms of section 12 in respect thereof and, if applicable, that such soil conservation work functions satisfactorily; (ii) the stated dimensions and specifications of the soil conservation work concerned are correct; (iii) the soil conservation work concerned was constructed with new material except where otherwise indicated; and (iv) the deponent is aware that any subsidies paid to him on the basis of the statement concerned shall immediately be payable by him if it later appears that nay particulars in such statement are incorrect. (3) A report referred to in subsection (1) (b) shall (a) be compiled on a form determined by the executive officer for this purpose; (b) state the exact dimensions and specifications of the soil conservation work concerned; and (c) contain such other particulars as are required on the form concerned. (4) A Statement or report on the construction of a soil conservation work in respect of which subsidies would have been payable in terms of section 6 of the Soil Conservation Act, 1969 (Act 76 of 1969), that was made or compiled prior to the date of commencement of this scheme shall, if such subsidies had not yet been paid on that date, be deemed to be a statement referred to in subsection (2) or a report referred to in subsection (3) respectively. (5) The executive officer may at any time inspect a soil conservation work in respect of which a statement referred to in subsection (2) has been made, may at any time either before or after a subsidy has been paid in respect of the construction thereof, and shall then compile a report referred to in subsection (3) thereon. (6) Each statement referred to in subsection (2) and each report referred to in subsection (3) shall be checked by the executive officer and compared against the applicable documents referred to in sections 9, 10, 11, 12 and 13 and the applicable provisions of this scheme in order to determine whether a subsidy is payable in respect of the construction of the soil conservation work concerned. EnviroLeg cc CONSERVATION OF AGRICULTURAL RESOURCES Reg p 11 (7) If it appears from an inspection referred to in subsection (1) (b) or (5), or from the checking of a statement or report in terms of subsection (6), that a soil conservation work has a shortcoming because it has not been constructed in accordance with the applicable plans and specifications referred to in section 12, or that the construction of such soil conservation work does not qualify for the payment of a subsidy for any other reason (a) the executive officer shall notify the person who furnished the notice of completion of that soil conservation work in terms of section 13, in writing of such shortcoming or reason; (b) no subsidy shall be payable in respect of the construction of that soil conservation work before such shortcoming has been rectified or such reason eliminated; and (c) a fresh notice may be furnished in terms of section 13 after such shortcoming has been rectified or such reason eliminated. Payment of subsidies 16.(1) If the executive officer accepts a statement or report that has been checked in terms of section 15 (6), he shall calculate the amount payable as subsidy in respect of the construction of the soil conservation work concerned. (2) An amount referred to in subsection (1) shall be calculated according to the applicable tariffs that are recorded in the tariff list referred to in section 7 and that (a) in the case of a soil conservation work in respect of which a statement referred to in section 15 (2) has been made, were in force on the date on which such statement was made; and (b) in the case of another soil conservation work, were in force on the date on which a notice of completion was furnished in terms of section 13. (3) The subsidy thus calculated shall, subject to the provisions of subsections (4) and (5) and with due regard to the availability of moneys appropriated for the purpose of this scheme, be paid to the owner of the farm unit on which the soil conservation work concerned was constructed as soon as is practicable. (4) The owner of a farm unit may request the executive officer in writing to pay any subsidies due to him to a person specified in such request. (5) If the executive officer has been notified that assistance by way of a loan in terms of section 10 of the Agricultural Credit Act, 1966 (Act 28 of 1966), has been rendered to a land user for the construction of a soil conservation work, the subsidy payable in respect of such construction shall be used as payment or part payment of the amount (including any interest thereon) due to the State on account of such assistance. Erroneous payments 17.(1) If the executive officer, as a result of an inspection in terms of section 15 (5) of this scheme or section 18 of the Act, in connection with a soil conservation work in respect of which a subsidy was paid in terms of this scheme or in terms of section 6 of the Soil Conservation Act, 1969 (Act 76 of 1969), is satisfied that EnviroLeg cc CONSERVATION OF AGRICULTURAL RESOURCES Reg p 12 (a) no subsidy should have been paid in respect of the construction of that soil conservation work; or (b) the dimensions and specifications of that soil conservation work as specified in a statement referred to in section 15 (2) are incorrect and that the amount paid as such subsidy exceeded the amount that was lawfully payable as subsidy in respect of the construction thereof, the executive officer shall direct the owner of the farm unit concerned in writing to repay to the executive officer the amount concerned or the amount paid in excess, as the case may be, together with interest thereon calculated on the basis set out in subsection (2). (2) Interest payable in terms of subsection (1) shall be calculated (a) at a rate equal to the rate determined in terms of section 26 (1) of the Exchequer and Audit Act, 1975 (Act 66 of 1975), and which is applicable on the date on which the executive officer directed the repayment of the amount concerned in writing; and (b) from the date on which the subsidy concerned was paid until the last day of the month preceding the month of repayment of such due amount. (3) If at any time it appears that an error other than an error referred to in subsection (1) was made in the calculation of a subsidy paid in terms of this scheme, the executive officer shall direct the owner of the farm unit concerned in writing to repay to the executive officer the amount erroneously paid to him. (4) An amount repayable in terms of subsection (3) shall be paid to the executive officer within 60 days of the date on which he directed the repayment thereof in writing. (5) If the owner of a farm unit fails to pay the amount repayable by him in terms of subsection (3) within the period referred to in subsection (4), interest shall be payable on the amount due at a rate equal to the rate determined in terms of section 26 (1) of the Exchequer and Audit Act, 1975 (Act 66 of 1975), and which is applicable on the date on which the executive officer directed the repayment concerned in writing. Conditions on which subsidies are paid 18.(1) The payment of a subsidy in terms of this scheme in respect of the construction of soil conservation work is made on the following conditions: (a) The soil conservation work concerned shall be maintained in accordance with the provisions of section 12 (1) (a) of the Act. (b) The farming practices pursued on the farm unit which the soil conservation work concerned has been constructed shall comply with the provisions of the farm plan for that farm unit. (c) The number of animals kept on the veld of the farm unit on which the soil conservation work concerned has been constructed shall not exceed the number that may be kept thereon in terms of the Act. EnviroLeg cc CONSERVATION OF AGRICULTURAL RESOURCES Reg p 13 (2) If the owner of a farm unit refuses or fails to comply with any of the conditions set out in subsection (1), the executive officer shall direct the owner concerned to repay to the executive officer the subsidies paid to him in terms of this scheme in respect of the construction of soil conservation works. (3) An amount repayable in terms of subsection (2) shall be paid to the executive officer within 60 days of the date on which he directed the repayment thereof in writing. (4) If the owner of a farm unit fails to pay the amount repayable by him in terms of subsection (2) within the period referred to in subsection (3), interest shall be payable on the amount due at a rate equal to the rate determined in terms of section 26 (1) of the Exchequer and Audit Act, 1975 (Act 66 of 1975), that was applicable on the date on which the executive officer directed the repayment concerned in writing. Commencement 19. This scheme shall come into operation on 1 June 1984.