Plant Improvement Act, 2018 (Act No. 11 of 2018)RegulationsRegulations made in terms of the Plant Improvement Act, 2018Chapter II: Application of Regulations3. Application for declaration of kinds of plants |
| (1) | An application for the declaration of a kind of plant in terms of section 2(2) of the Act must be submitted to the Registrar in writing and must at least contain the following information: |
| (a) | Name, address and contact details of the applicant; |
| (b) | scientific name of the genus and species concerned; |
| (c) | confirmation of the existence of any cultivated varieties of the kind of plant concerned; |
| (d) | potential value for cultivation and use of the kind of plant, if available; |
| (e) | information on whether the plants or variety require prior authorization for release under legislation concerning the protection of the environment, human and animal health; and |
| (f) | in case of seed propagated kinds of plants, germination and purity data as required for inclusion in Table 4. |
| (2) | The Registrar must consider the application received and decide whether— |
| (a) | the kind of plant is eligible for declaration; and |
| (b) | ail or specific varieties must be listed for the kind of plant in accordance with regulation 54(2). |
| (3) | The Registrar must decide on the application within 30 days from receiving the application. |
| (4) | The Registrar must notify the Minister immediately after making the decision and request the Minister to publish a notice of declaration in the Gazette. |
| (5) | In instances where the kind of plant has been approved for declaration with an open list recognising all varieties, the applicant or respective industry, as applicable, may at any time request closing of the list in order to list specific varieties of the kind of plant concerned. |