| (i) |
that premises be registered as a centre; or |
shall apply to the registrar in the form determined by the registrar and in the prescribed manner, and such application shall be accompanied by the prescribed application fee for the kind of registration or approval concerned.
| (2) |
A group of persons who desires to be registered as an animal breeder’s society shall apply to the registrar in the form determined by the registrar and in the prescribed manner, and such application shall be accompanied by the constitution of the animal breeders’ society, and the prescribed application fee. |
| (3) |
An animal breeders’ society or group of animal breeders’ societies who desires to be registered as a registering authority shall apply to the registrar in the form determined by the registrar and in the prescribed manner, and such application shall be accompanied by the constitution of the registering authority, and the prescribed application fee. |
| (4) |
The registrar shall consider an application made in terms of subsection (1), (2) or (3), and may make any inquiry in connection therewith which he or she may deem necessary. |
| (5) |
If the registrar refuses to grant an application made in terms of subsection (1), (2) or (3), he or she shall notify the applicant in writing of his or her decision and of the grounds on which it is based. |
| (6) |
If the registrar is convinced that an application referred to in subsection (1) may be granted he or she shall— |
| (a) |
register the applicant as a semen collector, inseminator, embryo collector, embryo transferor or import agent, as the case may be, and issue a registration certificate to him or her; or |
| (b) |
register the premises as a centre and issue a registration certificate to the applicant; or |
| (c) |
grant the application for the approval of the animal concerned as a donor animal and issue a certificate of approval to the applicant in respect of such approval, |
and record the applicable prescribed particulars in the register.
| (7) |
If the registrar is convinced that an application referred to in subsection (2) or (3) may be granted he or she shall— |
| (i) |
the group of persons as an animal breeders’ society; or |
| (ii) |
the animal breeders’ society or group of animal breeders’ societies as a registering authority, and issue to the animal breeder’s society or the registering authority, as the case may be, a registration certificate; |
| (b) |
record the applicable prescribed particulars in the register; |
| (c) |
only in case of the first registration give notice in the Gazette of the registration of the animal breeders’ society or registering authority, as the case may be, and of the date from which the registration concerned is valid and he or she shall notify the Registrar of Companies thereof, who shall as soon as possible after such date record the name of the animal breeders’ society or the registering authority, as the case may be, in the register of companies held in terms of the Companies Act, 1973 (Act No. 61 of 1973). |
| (8) |
The registration of a person as a semen collector, inseminator, embryo collector, embryo transferor or import agent, or of premises as a centre, or of an animal breeders’ society or registering authority, or the approval of an animal as a donor animal is subject to the provisions of this Act and the prescribed conditions. |
| (a) |
An animal breeders’ society or registering authority is a juristic person from its date of registration referred to in subsection (7). |
| (b) |
Subject to paragraph (c), the provisions of the Companies Act, 1973 (Act No. 61 of 1973), do not apply to an animal breeders’ society or a registering authority. |
| (c) |
The Minister may by notice in the Gazette declare any provision of the Companies Act, 1973, which is consistent with the provisions of this Act, applicable to an animal breeders’ society or registering authority, with such amendments as may be set out in the notice, and may withdraw or amend such notice. |
| (d) |
The assets, liabilities, rights and duties which a person possesses in his or her capacity as member of the group of persons referred to in subsection (2) on behalf of the members of such group, or for which such person is responsible on behalf of such members, shall pass on to the animal breeders’ society concerned from the date of registration referred to in subsection (7). |
Mandating Procedures of Provinces Act, 2008
