S.L. 639.13 Art. 13Warning notice.

(1) Without prejudice to regulation 12, in a case in which the Director deems that any requirement stipulated in regulations 4 to 7 is not being observed by a farmer or valid title holder, he may issue a warning notice against such farmer or valid title holder that is to be sent and delivered to the latter by registered mail at the postal address indicated by the farmer or valid title holder in accordance with regulation 3:

Provided that a warning notice shall also be deemed to be delivered if it is physically delivered to the farmer or valid title holder by an authorised officer:

Provided further that the procedure established in article 18 of the Act shall apply to the notification of a mutatis mutandis warning notice:

Provided further that alternatively the Director may opt to issue a warning notice by judicial letter and service thereof shall be effected according to law.

(2) The warning notice according to sub-regulation (1) shall establish the conditions required by the Director for the farmer or valid title holder to be deemed in compliance with these regulations, and said warning notice shall amongst others include:

(a) the date or periods when any default took place by the farmer or valid title holder and the legal basis for such default;

(b) the facts motivating the issuing of the warning notice;

(c) the measures that the farmer or valid title holder has to take in order to be deemed in compliance with these regulations; and

(d) if applicable, the time period within which the said measures are to be implemented as the Director may deem reasonable in the circumstances, which period shall only commence to run from the date of service of the warning notice.

(3) The Director shall order corrective action according to regulation 12 against the person to whom the warning notice is addressed if he does not implement the measures referred to in paragraph (c) of sub-regulation (2) within the time period referred to in paragraph (d) of the same sub-regulation.