(2) A responsible person who fails to clear or cause to be cleared any invasive alien
species⎯
(a) specified in Part III of the Fifth Schedule, shall be guilty of an offence and liable to a
fine not exceeding level eight or to imprisonment for a period not exceeding one year;
(b) other than invasive alien species specified in Part III of the Fifth Schedule, shall be
guilty of an offence and liable to a fine not exceeding level four or to imprisonment for
a period not exceeding six months; or
or to both such fine and such imprisonment.
(3) Any responsible person who admits or is prepared to admit to a police officer or
inspector that he is guilty of contravening paragraph (a) of subsection (1) shall, if he has not
been previously convicted of the offence and has not previously been given a warning in terms
of this subsection, be given a written warning by the police officer or inspector to undertake,
within such period (not less than three months) as may be agreed between him and the police
officer or inspector, such work or steps as may be necessary to clear or cause to be cleared any
invasive alien species growing or occurring on the land in respect of which he is responsible.
(4) Where⎯
(a) any responsible person⎯
(i) has not complied with a written warning issued in terms of subsection(3); or
(ii) has been previously convicted of the offence referred to in subsection (3);
and
(b) the police officer or inspector has reasonable grounds for believing that the magistrates
court which will try the person referred to in paragraph (a) for such offence will, on
convicting that person for such offence, not impose a sentence of imprisonment or a
fine exceeding level four;
the person referred to in paragraph (a) may sign and deliver to the police officer or inspector
referred to in paragraph (b) a document admitting that he is guilty of the said offence and
deposit with such officer or inspector such sum of money as the latter may fix, not exceeding
level four, and such person shall thereupon, subject to subsection(5), not be required to appear
in court to answer the charge of having committed the said offence.
(5) Section 356 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply to
the procedure to be followed in relation to an admission of guilt made under subsection (4).
(6) Any sum deposited in terms of subsection(4) shall, if deposited with an inspector, form
part of the funds of the Agency:
Provided that any balance in excess of a sum so deposited which is recovered in terms of
section 348 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall not form part of
the funds of the Agency.
120Power to enter upon land
An inspector may at all reasonable times enter upon any land, whether enclosed or not, for
the purpose of ascertaining if any invasive alien species are growing thereon.
121Manner in which warnings may be served
(1) Any warning made in terms of subsection (3) of section one hundred and nineteen shall
be in writing and signed by the person giving such warning.
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