National Environmental Management Act, 1998 (107 of 1998)
R 385
Plant Improvement Act, 2018 (Act No. 11 of 2018)RegulationsRegulations made in terms of the Plant Improvement Act, 2018Chapter V: Registration of Varieties68. Hearing of an objection |
| (1) | The procedure at the hearing of an objection in terms of section 39 of the Act must be as follows: |
| (a) | parties must submit their evidence to the Registrar and exchange same between themselves within seven days of the date of receipt of notification of the hearing from the Registrar. |
| (b) | at the hearing, the Registrar or his or her representative will chair the proceedings, and provide Secretariat services to record the proceedings. |
| (c) | all parties or their representatives will be allowed to call witnesses during the hearing and to cross-examine other witnesses; |
| (d) | the onus rests with each party to notify his or her witnesses of the date, place and time of the hearing and to ensure their presence at the hearing; |
| (e) | the person who lodged the objection or their representative will be allowed to present his or her case first and to call witnesses; and |
| (f) | the person who holds the plant breeder's right against which an objection is lodged, or their representative, will then be allowed to present his or her case and to call witnesses. |
| (2) | The Registrar may, when considering the matter at the hearing utilize one or more of the persons contemplated in section 48 to assist and advise with regard to the hearing of the objection. |
| (3) | After hearing all the evidence, the Registrar must within 21 days consider the evidence and reach a decision, and in writing advise all parties concerned, of his decision and of the grounds on which it is based. |
| (4) | The Registrar must make copies of the proceedings to the parties concerned within 14 days of the finalisation of the matter. |
| (5) | The Registrar must publish any amendment resulting from a decision on an objection. |
