National Environmental Management Act, 1998 (107 of 1998)
R 385
Plant Improvement Act, 2018 (Act No. 11 of 2018)Chapter 13 : Import and Export of Plants and Propagating Material44. Export of plants and propagating material |
| (1) | Any person who intends to export plants or propagating material of a kind of plant declared in terms of this Act, must have a certificate of registration in respect of the business and premises where the plants or propagating material has been prepared for export. |
| (2) | Plants and propagating material of any kind of plant declared in terms of this Act intended for export from the Republic must comply with the prescribed minimum requirements. |
| (3) | If the plants or propagating material for export do not comply with one or more of the provisions of this Act, the exporter must submit an application with motivation to the Registrar in the prescribed manner before export. |
| (4) | The Registrar must consider an application received in terms of subsection (3) and may in writing authorise the export of such consignment, subject to such conditions as he or she may determine. |
| (5) | The Registrar may undertake such inspection of the plants and propagating material intended for export as he or she may deem necessary, take such samples thereof as he or she may deem necessary and test, examine or analyse the samples or cause the samples to be tested, examined or analysed in the manner contemplated in section 42(2). |
| (6) | If the inspection in terms of subsection (5) has been carried out on account of an application received in terms of subsection (3), the person who has applied must pay to the Registrar the prescribed fees in connection with such inspection and for the testing, examination or analysis of such samples. |
| (7) | If the Registrar prohibits the export of a consignment of plants or propagating material, he or she must inform the exporter within 14 days of the date of the decision and provide written reasons for the decision. |
| (8) | Subsection (1) does not apply to the export of plants or propagating material intended for purposes other than cultivation. |
