Plant Improvement Act, 2018 (Act No. 11 of 2018)

Regulations

Regulations made in terms of the Plant Improvement Act, 2018

Chapter VI: Schemes

69. Application for establishment of a scheme

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(1) An application referred to in section 45(5) of the Act, must be submitted in writing to the Registrar containing at least the following information:
(a)name of the proposed scheme and the kinds of plants that will be subject to the scheme
(b)name and address of the organisation or association seeking to be the designated authority
(c)the constitution of the organisation or association
(d)whether the scheme must be voluntary or compulsory
(e)the main objective of the scheme, whether it is phytosanitary and/or varietal integrity
(f)name and address of the organisation that will be responsible for operation of the scheme, if applicable, to which the functions and duties of the authority will be delegated
(g)confirmation that the scheme will be operated at own cost, or if not at own cost, the source of finances for such operations;
(h)proposed scheme containing at least the elements set out in regulation 70.

 

(2) The Registrar must consider the application received and submit a recommendation for consideration by the Minister after consultations with the applicant and relevant industry.

 

(3) The Registrar must notify the applicant in writing within 30 days of receiving the decision from the Minister and if approved, publish a notice in the Gazette.

 

(4)A written agreement in the form of a Memorandum of Agreement must be entered into between the designated authority and the Department upon appointment of the organisation as designated authority. The agreement must contain at least the following:
(a)role and duties of the designated authority including key responsibilities
(b)role and duties of the Department
(c)monitoring and evaluation of the scheme

 

(5)A person who feels aggrieved by the decisions or actions of the designated authority, must follow the appeal procedure in terms of section 47 of the Act.