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Plant Improvement Act, 1976 (Act No. 53 of 1976)

16. Application for recognition of variety

 

(1) An application for the recognition of a variety for entry in the varietal list may be made by any person: Provided that where an applicant is not resident in the Republic or, in the case of a juristic person, where an applicant does not have a registered office in the Republic, an application shall be submitted only through a person who is resident in the Republic.

 

(2) Such application—
(a) shall be made to the registrar in the prescribed manner;

[Section 16 (2)(a) substituted by section 12(a) of Act No. 25 of 1996]

(b) shall be accompanied by the prescribed application fee; and
(c) shall, in the case of a variety bred or discovered by a person other than the applicant, be accompanied by the written authorisation of the breeder or discoverer.

[Section 16 (2)(c) substituted by section 12(b) of Act No. 25 of 1996]

 

(3)
(a) The registrar may, on good cause shown by the applicant in writing, give written exemption from compliance with the requirement referred to in subsection (2) (c).
(b) Neither the registrar nor the State shall be liable for any claim as a result of an exemption granted in terms of paragraph (a).

[Section 16 (3) inserted by section 12(c) of Act No. 25 of 1996]