
R 385
Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)Chapter 12 : Appeals44. Consideration of appeal by Minister |
(1) | Where the Minister has referred an appeal to the Board in terms of section 43(1), he or she may— |
(a) | confirm or set aside the recommendations of the Board; and |
(b) | order the Registrar to execute the decision in connection therewith. |
(2) | Where the Minister considers an appeal, he or she may— |
(a) | confirm, set aside or vary the decision of the Registrar; and |
(b) | order the Registrar to execute the decision in connection therewith. |
(3) | The decision of the Minister must be in writing and a copy thereof must be furnished to the Registrar, appellant and any other party to whom decision must be conveyed within 90 days. |
(4) | If the Minister— |
(a) | sets aside any decision or action by the Registrar the prescribed fee paid by the appellant in respect of the appeal must be refunded to the appellant; or |
(b) | varies any decision or action by the Registrar, the Minister may direct that the whole or any part of such fee, be refunded to the appellant. |