Cold Storage Works and Abattoirs Proclamation 1921 (Proclamation 50 of 1921)

Offficial Gazette no. 74
This is the latest version of this legislation.
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Cold Storage Works and Abattoirs Proclamation 1921

Proclamation 50 of 1921

  • Published in Offficial Gazette no. 74 on 24 December 1921
  • Assented to on 13 December 1921
  • Commenced on 24 December 1921
  • [Up to date as at 6 November 2020]
  1. [Amended by Cold Storage Works and Abattoirs Amendment Proclamation, 1923 (Proclamation 3 of 1923) on 8 January 1923]
  2. [Amended by Agricultural Produce Export Ordinance, 1928 (Ordinance 13 of 1928) on 1 April 1929]
PROCLAMATIONBY HIS HONOUR GIJSBERT REITZ HOFMEYR, A COMPANION OF THE MOST DISTINGUISHED ORDER OF SAINT MICHAEL AND SAINT GEORGE, ADMINISTRATOR OF SOUTH WEST AFRICA[This Proclamation has no long title.][The provisions in this Proclamation have no headings.]
WHEREAS by a resolution of the Advisory Council of the Territory of South-West Africa the Government was urged to erect cold storage works sufficient for the needs of this territory and to take powers by legislation to prohibit or permit under such conditions ‘as may be prescribed:-(1) the erection of cold storage works other than those aforementioned;(2) the export of stock and the carcasses thereof from the territory;and to make regulations for the establishment, control and working of all public abattoirs at which stock shall be slaughtered for export:NOW THEREFORE under and by virtue of the powers in me vested I do hereby proclaim, declare and make known as follows:-

1.

In this Proclamation and in any regulations made thereunder:-“Stock” shall mean any bull, ox, cow, calf, goat or sheep.“Cold Storage Works” shall mean any works used for the refrigerating or curing or preparing for export of the slaughtered carcasses or portion of the slaughtered carcasses of stock.“Meat” shall mean the slaughtered carcass or portion of the slaughtered carcass of stock.“Territory” shall mean the Territory of South-West Africa, including Walfish Bay now called Walvis Bay.

2.

From and after the date of the taking effect of this Proclamation the Administrator shall have the exclusive privilege of constructing and maintaining cold storage works in connection with the export of meat from the Territory; provided that the Administrator may by licence authorise any person to construct and maintain cold storage works for any purpose to be defined in such licence within the Territory or its territorial waters and may prescribe the fees and conditions therefor.

3.

Section two of this Proclamation shall not apply to any cold storage works erected and completed at the date of taking effect of this Proclamation; provided that for the maintenance of such work or the making of any additions thereto the licence prescribed in that section shall be applied for within three months of the date aforesaid in the case of any existing works and in the case of additions thereto prior to the undertaking of any such additions and granted on such conditions as the Administrator may impose in regard to meat for export beyond the Territory.

4.

[section 4 deleted by Ord. 13 of 1928]

5.

[section 5 deleted by Proc. 3 of 1923]

6.

Any person who shall erect or maintain or cause to be erected or maintained or shall manage or assist in the management of any cold storage works or any abattoir without the licence prescribed by this Proclamation or who shall export from the Territory any live stock contrary to the provisions of this Proclamation and the notice prescribed in section five hereof shall be guilty of an offence and shall be liable to a fine not exceeding £500 or imprisonment for a period not exceeding one year or to both such fine and such imprisonment.[A fine not exceeding £500 is equivalent to a fine not exceeding N$1000.]

7.

The Court before whom any such person shall be tried may also order the demolition or removal of such cold storage works or abattoirs in respect of which such person shall have been convicted and may prescribe a penalty not exceeding five pounds for every day during which such cold storage works or abattoirs is or continues to be erected or maintained or used after the issue of an order aforesaid.[A penalty not exceeding five pounds per day is equivalent to a penalty not exceeding N$10 per day.]The Administrator may without compensation take absolute possession of or destroy the whole or any part of such cold storage works or abattoirs.

8.

The Administrator may make regulations in regard to the control, management and operation of cold storage works or abattoirs and the export of livestock and may prescribe penalties for any contravention thereof.

9.

This Proclamation shall be known and may be cited as the “Cold Storage Works and Abattoirs Proclamation 1921”.[Proc. 3 of 1923, which states in section 4 that it is to be “read as one” with Proclamation 50 of 1921, contains the following additional provisions:][“1. From and after the date of the taking effect hereof, up to and inclusive of the twentieth day of October, 1925, anything to the contrary notwithstanding contained in the Cold Storage Works and Abattoirs Proclamation, 1921, no person shall export any stock the produce of this Territory by sea to any place within the Union and no person other than the Company or any agent or employee of the Company or any person authorised thereto in writing by the Company shall export any stock the produce of this Territory overseas to any place outside the Union; provided however that the Administrator may accord permission to the Company or any other person to export stock the produce of the Territory by sea to any place within the Union subject to such terms and conditions as he may prescribe.][2. Any person who shall export or attempt to export any stock contrary to the provisions of section one hereof or who shall cause or procure or take part in the export thereof or who shall contravene or attempt to contravene or fail or neglect to comply with any condition prescribed under any permit issued hereunder shall be guilty of an offence and shall be liable on conviction to the penalties prescribed in section six of the Cold Storage Works and Abattoirs Proclamation, 1921.”]GOD SAVE THE KING.Given under my hand and seal at Swakopmund this 13th day of December, 1921GIJS. R. HOFMEYR,Administrator.