National Environmental Management Act, 1998 (107 of 1998)
R 385
Plant Improvement Act, 2018 (Act No. 11 of 2018)Chapter 14 : Schemes46. Provisions of schemes |
| (a) | indicate the kinds of plants and varieties to which the provisions of the scheme must apply; and |
| (b) | provide for the provisions of the scheme. |
| (2) |
| (a) | The designated authority may authorise any person to exercise, perform or carry out any power, function or duty of that authority. |
| (b) | When the designated authority contemplated in paragraph (a) authorises any person, it may determine that— |
| (i) | the power, function or duty concerned be exercised, performed or carried out at the cost of the person concerned; |
| (ii) | the person concerned has no right of recourse against that authority or State for costs so incurred; and |
| (iii) | the person concerned must exercise, perform or carry out the power, function or duty concerned subject to the directions of that authority. |
| (c) | A juristic person established under any law and so authorised, must be regarded, notwithstanding the absence of any express provision to such effect in the law under which it was established, to be competent to exercise, perform or carry out the power, function or duty concerned. |
| (d) | The said juristic person may authorise any person in its service in writing to exercise, perform or carry out the power, function or duty concerned. |
| (e) | A decision made or order given by any person authorised under paragraph (a) may be withdrawn by such designated authority, and any such decision or order must, until it is so withdrawn or amended, be regarded, except for the purpose of this paragraph, to have been given by such authority. |
