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

Regulations

Regulations relating to Establishments, Varieties, Plants and Propagating Material

Chapter IV : Recognition of varieties

17. Consideration and examination of applications

 

(1) The examination fee payable in terms of section 18(3) of the Act for the purposes of tests and trails to be undertaken by the registrar with a variety of a kind of plant specified in column 1 of Table 2 shall be as specified in item 3(b) of Table 1: Provided that if an application for the grant of a plant breeder's right in terms of the Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976), and an application referred to in regulation 16 with regard to the same variety has been submitted simultaneously, and the appropriate fees in terms of the said Act have been paid, such examination fee shall be R1.

[Regulation 17(1)  substituted by Notice No. R. 1976 of 22 December 1995]

 

(2) The costs which are payable in terms of section 18(4) of the Act shall be calculated at the rate of exchange between the monetary units of the Republic and the country concerned on the date on which payment has been made to the appropriate authority concerned.

 

(3) The plants and propagating material to be furnished in terms of section 18(3) of the Act for the purposes of tests and trials with a variety of a kind of plant specified in column 1 of Table 2 shall—
(a) [Regulation 17(3)(a) deleted by Notice No. R. 2496 of 9 December 1988]
(b) be accompanied by a declaration in the form set out in Schedule D;
(c) be furnished for three consecutive years following the year in which tests and trials with the variety concerned has commenced, unless —
(i) the registrar directs otherwise; or
(ii) the variety concerned is recognised in terms of section 20 of the Act before expiry of the said period; and
(c) during such consecutive years be of successive generations or combinations of the variety concerned.

[Regulation 17(3) substituted by Notice No. R. 2496 of 9 December 1988]

 

[Regulation 17 substituted by Notice No. R. 1621 of 22 July 1983]