Section 18: Ownership of basic quota and acreage

18. Ownership of basic quota and acreage (1) Where a basic quota and a basic acreage are allotted to a producer in respect of land which is occupied by him under a lease or other agreement, the basic quota and basic acreage shall be considered as belonging to the occupier and not to the owner of the land. (2) (a) Where a basic quota and a basic acreage are allotted to a producer in respect of land which is owned by him, the basic quota and basic acreage shall be considered as belonging to the producer. (b) Where the producer disposes of the land by sale, lease or otherwise, the whole of the basic quota and of the basic acreage allotted to him may be transferred to the new owner or to the lessee, or the basic quota and basic acreage may, by agreement, be divided between the former owner and the new owner or the lessee. (3) (a) A transfer or agreement under subsection (2) shall be subject to the approval of the Board. (b) On the approval of the transfer or agreement by the Board, the new owner or the lessee shall be entitled to be registered as a producer and shall, as the case may be, be allotted the whole of the basic quota and basic acreage or proportion agreed on, and the former owner’s basic quota and basic acreage shall be cancelled or reduced accordingly. (c) Where the lessee, to whom the whole or part of the basic quota and basic acreage have been transferred, ceases to be the lessee of the land, the basic quota and basic acreage transferred to him shall revert to the lessor, and the name of the lessee shall be removed from the register of producers in respect of that basic quota and basic acreage, and the name of the lessor shall be entered in the register. (4) (a) Where a producer sells his barn together with the land on which it stands to any other person, that person may make a written application to the Board for a transfer to him of the basic quota and basic acreage allotted to the producer. T10 – 9 [Issue 1] Tobacco Production and Marketing Act (b) The Board may, on receiving an application under paragraph (a), reject the application or approve the transfer on such terms and conditions as it thinks fit to impose. (c) Where the Board approves the transfer under paragraph (b), the applicant shall be entitled to be registered as a producer. (5) (a) Where a producer is unable through old age or incapacity to cultivate tobacco, he may make a written application to the Board for the transfer of the basic quota and basic acreage allotted to him to any of his eventual heirs or other person whom he has designated. (b) The Board may, on receiving an application under paragraph (a), reject the application or approve the transfer on such terms and conditions as it thinks fit to impose. (c) Where the Board approves the transfer under paragraph (b), the person designated under paragraph (a) shall be entitled to be registered as a producer. [S. 18 amended by Act 27 of 1982; Act 4 of 1995.]