Plant Improvement Act, 2018 (Act No. 11 of 2018)Chapter 6 : Application for National Listing28. Application for national listing |
| (1) | An application for national listing must be made by an applicant in the prescribed manner and must be accompanied by the following duly completed documents and fees— |
| (a) | An application form obtainable from the office of the Registrar; |
| (b) | a technical questionnaire in respect of the kind of plant of the variety in question obtainable from the office of the Registrar; |
| (c) | written proof of the appointment of an agent by the applicant, if applicable; |
| (d) | written proof of the transfer of the variety to the applicant, if applicable; and |
| (e) | such application fee and such examination fee as may be prescribed. |
| (2) | If the applicant is not domiciled and resident in the Republic, the application must be submitted through an agent. |
| (3) |
| (a) | In case of an old variety where the breeder cannot be traced, the applicant must furnish the Registrar with a prescribed declaration. |
| (b) | Neither the Registrar nor the State is liable for any claim as a result of a declaration submitted in terms of paragraph (a). |
| (4) | The Registrar must notify the applicant of any outstanding documentation or information within 21 days of the date of receiving the application. |
| (5) | The applicant must furnish the Registrar with any documentation or information required by the Registrar within three months of the date of notification contemplated in subsection (4), failure of which may result in the application being returned to the applicant. |
| (6) |
| (a) | The effective filing date is the date on which the requirements of subsection (1) have been met and any outstanding documentation or information required by the Registrar in terms of subsection (5) has been received. |
| (b) | Copies of documents referred to in subsection (1)(a) to (d) may be submitted in order to secure a filing date, but the original documents must be submitted to the Registrar within three months of the filing date, failure of which may result in the application to lapse. |
| (7) | In case of a variety that may not be used without prior approval in terms of other legislation, the application must be accompanied by the relevant permit or proof of general release for the variety, as the case may be. |