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

Chapter 17 : General Provisions

58. Regulations

 

(1) The Minister must make regulations by notice in the Gazette regarding—
(a) any matter that may or must be prescribed;
(b) any certificate or other document or form to be issued or used for the purposes of this Act;
(c) the fees payable in respect of any application, matter or document;
(d) the information and particulars to be contained in registers and publications;
(e) requirements and standards relating to the facilities for the types of business and premises and the requirements relating to qualifications for the person in control of the premises;
(f) the information and facilities to be provided to the registrar by an applicant for registration of a business and premises to be submitted at the time of an application and thereafter;
(g) requirements and procedure for inspections relating to the Registration and renewal of registration of premises;
(h) requirements and procedure for inspections relating to the sampling and testing of plants and propagating material;
(i) requirements and standards for plants and propagating material and the marking of containers and labels;
(j) requirements for acceptability or not of variety denominations;
(k) the information and facilities to be provided to the registrar by an applicant for national listing, and the plants and propagating material to be submitted at the time of an application and thereafter;
(l) the tests, trials, examinations and other steps to be taken by an applicant or the registrar before approval for national listing, and the time within which they are to be taken;
(m) the records relating to plants and propagating material for sale, multiplication, import or export to be kept by any person who has such material in his or her possession or under his or her control, the form and manner in which they are to be kept, and how and to whom they must be available for inspection;
(n) requirements and information required for establishment of schemes;
(o) requirements and obligations of designated authorities;
(p) the procedures for lodging objections and appeals; and
(q) any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act.

 

(2) Different regulations may be made in respect of different—
(a) types of business;
(b) types of premises;
(c) kinds of plants or propagating material; and
(d) schemes.

 

(3) The regulations may in respect of any contravention thereof, or failure to comply therewith, prescribe a fine.

 

(4) A regulation prescribing a fee may be made only after consultation with the Minister of Finance.