Plant Improvement Act, 2018 (Act No. 11 of 2018)Chapter 8 : Examination for Distinctness, Uniformity and Stability36. Refusal for national listing |
| (1) | The Registrar must refuse the approval of a variety for national listing if— |
| (a) | after examining the results of any tests or trials conducted in terms of section 35(1) in respect of the variety in question, the requirements specified in section 27 have not been met; |
| (b) | it is in the public interest to do so; or |
| (c) | the Registrar, after an evaluation in terms of section 38, decides that the variety is undesirable for use. |
| (2) | If the results from the tests or trials conducted in terms of section 35(1) indicate that two or more varieties in respect of which different applications have been registered in terms of section 30 cannot be distinguished, the registrar must approve the variety of the applicant whose application— |
| (a) | was submitted first in time; or |
| (b) | of which the filing date complies with section 28(1), whichever is earlier. |
| (3) |
| (a) | The Registrar must inform any applicant contemplated in subsection (1) or (2) in writing of the Registrar’s decision and of the reasons for the refusal. |
| (b) | The Registrar must in respect of each variety which is refused, enter the applicable particulars in the register contemplated in section 6. |