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

Regulations

Regulations made in terms of the Plant Improvement Act, 2018

Chapter II: Application of Regulations

4. Hemp permit

 

(1) A person undertaking activities referred to in subregulation (2) relating to hemp must obtain a hemp permit for one or more such activities from the Registrar.

 

(2) A permit referred to in subregulation (1) relates to the following activities:
(a) importation of plants or propagating material for breeding, research or cultivation;
(b) propagation of plants by a breeder or researcher in relation to a breeding or research program to develop new or improved hemp varieties;
(c) sale of hemp seed, seedlings, plants or cuttings;
(d) cultivation of hemp for—
(i) seed production;
(ii) seedling production;
(iii) production of grain or material for industrial purposes;
(e) cleaning and conditioning of seed for cultivation; and
(f) export of plants or propagating material for cultivation purposes.

 

(3) An application for a hemp permit must be submitted on the form obtainable from the Registrar and must be accompanied by proof of payment of the fee specified in item 9(a) of Table 2.

 

(4) The Registrar must consider each application and after evaluation of the information provided, issue a hemp permit to the applicant, if all the requirements have been met.

 

(5) A hemp permit issued in terms of sub-regulation (4) is—
(a) valid for a period of 5 years;
(b) renewable once after the initial period for a further 5 years, where after a new application must be submitted and accompanied by a fee specified in item 9(b) of Table 2.
(c) not transferable to another person.

 

(6) The permit holder must notify the Registrar of any change with regard to information in the permit after issuance thereof, within 30 days of the occurrence of the change or becoming aware of the change:
(a) change in the contact details of the permit holder, including postal address;
(b) change in the name of the business or premises;
(c) change in the physical address where the authorized activity is to be conducted;
(d) change in the person responsible for or supervising the activity on the premises; and
(e) change in the ownership of the premises where the authorized activity is to be conducted, if the permit holder is not the owner.

 

(7) The Registrar may revoke a permit if the permit holder—
(a) requests revocation thereof in writing;
(b) stops the activities for which the permit was required;
(c) has failed to notify the Registrar of any change of information as stipulated in sub-regulation (6);
(d) perform any activity not authorized on the hemp permit; and
(e) infringes any of !he provisions of these regulations or the Act.

 

(8) The holder of a hemp permit for cultivation must submit a notice of planting to the Registrar on the form obtainable from the Registrar within 30 days from planting and a copy thereof must be submitted to each of the nearest office of SAPS and Inspection Services of the Department.