Plant Improvement Act, 2018

This source text does not set out an operative rule for section 2; it only shows the Act’s arrangement and its stated purposes about plant-business registration, quality standards, national listing, import/export control, and related schemes.

This text only shows the section heading for registration of business and premises and the next contents item numbers; it does not state a rule.

The Registrar must provide copies of register particulars or listed application documents within seven days on request and payment of the prescribed fee. People may inspect application documents at a reasonable time and fee, but confidential parts are restricted. Certain plant-related businesses must be registered, comply with prescribed requirements, and use registered premises.

Section heading for application for registration of business and premises.

Section 15 is titled “Notification of change of circumstances.”

Section 16 concerns applications for renewal of registration of premises.

Section 17 is titled “Approval for renewal of registration of premises.”

This section heading concerns displaying and returning a certificate of registration, with nearby topics covering registration refusal, exemptions, termination, and plant-sale requirements.

Premises used for the listed business must be registered and properly certified, and the person in control must meet the prescribed requirements.

The Registrar must register qualifying premises and issue a certificate within 21 days, refuse registration if the section 12 requirements are not met, and handle change notices and renewals on time.

This section lets the Registrar renew or terminate registrations of businesses and premises, and lets the Minister exempt certain businesses or premises from registration requirements.

Plants and propagating material sold for cultivation must meet listed requirements, and a person may apply to the Registrar for exemption in writing with reasons.

This section is titled “National varietal list.”

Section heading for maintenance of propagating material and related national listing topics.

The applicant must keep listed propagating material available and respond to the Registrar’s requests; the Registrar may inspect, and may or must remove a variety denomination in listed circumstances.

This provision is titled “Varieties eligible for national listing.”

This section is titled “Varieties eligible for national listing.”

This section concerns an application for national listing.

This section concerns acceptance and registration of an application for national listing.

Section title only: Amendment of application for national listing.

This section is titled “Objection to application for national listing” in Chapter 7 on Variety Denominations.

To get a variety listed, the applicant must meet listing conditions and file a complete application with the Registrar.

An applicant must file a national listing application with the required documents and fees; the registrar must notify incomplete applications within 21 days and may reject applications on specified grounds.

The Registrar must register accepted applications, enter their particulars in the relevant register, and notify applicants in writing within 21 days. If an application is rejected, the Registrar must notify the applicant in writing within 21 days and give reasons; the application fees are forfeited.

An applicant with a registered section 30 application may ask the Registrar to amend it, before or after variety approval, if the amendment does not change the variety description and the prescribed fee is paid.

Section 33 is titled “Denomination of variety.”

This provision is titled “Amendment of denomination” and the text shown only contains nearby chapter headings.

An applicant with a registered application may ask the Registrar to change the application, if the request is in the required form, the Registrar agrees, the fee is paid, and the change does not affect the class designation.

The Registrar handles amendment requests and objections about a variety’s denomination, and must run or rely on tests and trials to assess distinctness, uniformity and stability. Applicants must supply required material on time, and an application can lapse if they do not.

Section 37 is headed “Approval for national listing.”

Section 11 concerns applying to register a business and its location.

Section title about business registration and its location.

Refusal to register a business and its location.

Section 14 is titled “duration of registration.”

Section 15 is titled “Notification of change of circumstances.”

Section 16 is about applying to renew the registration of a business premises.

This section is about renewing the registration of business premises.

Section 18 is about refusing to renew a place-of-business registration.

This section concerns an exemption from a registration requirement.

Section 20 is titled “Ukuqhawulwa kokubhaliswa.”

This section is a heading about the suspension of a registration certificate and its return.

This section is about an exemption relating to certain plants and plant propagating material.

24. Uluhlu lwelizwe lonke lweendidi

Section 25 is about keeping plant propagation material in good condition.

Section 26 is titled "Removal of a category from the national list of categories."

Application to be placed on the national list.

Section 29 is titled “Refusal of an application for inclusion on the national list.”

Section title about acceptance and registration of an application to be on the national list.

Section 31 concerns changes to an application for inclusion on the national list.

This section concerns refusal of an application to be placed on the national list.

Section 34 is titled “Ukwenziwa kotshintsho kwicandelo” and appears alongside headings about review and tests.

Section 36 is titled “Ukwalelwa ukuba kuluhlu lwelizwe lonke.”

Section heading only; no rule is stated in the provided text.

The provided text only shows the heading for an evaluation of a variety for value, cultivation and use; no operative rule is included.

The Registrar must approve, refuse, list, or remove plant varieties in specified cases, and must notify applicants and keep the register up to date.

This section is titled “Hearing of objection” in Chapter 11 of the National Varietal List Journal.

This text only shows the heading for section 40, “Matters to be published in Journal,” with nearby chapter and section headings.

This section is a set of headings about an Appeal Board, a Minister’s consideration of appeals, and the establishment of an Advisory Committee.

A person aggrieved by a decision or action of the Registrar or designated authority may appeal to the Minister in the prescribed manner.

A person affected by a decision or act of the Registrar or a designated authority may appeal to the Minister in the required manner.

The Minister may create an Appeal Board for appeals, and the Board must meet membership and recusal rules. The chairperson controls hearing timing and notices, and the Minister must issue a written decision within 90 days.

The Minister must refund an appeal fee in some cases, may refund it in others, and has several powers and duties about establishing and appointing an Advisory Committee.

This section heading refers to appointment and termination of membership of an Advisory Committee, and mentions recusal and disclosure of interests.

Section 54 is titled “Meetings.”

This section appears to be a heading about reviewing a category by value, agriculture, and use.

Section 39 is titled “Ukuphulaphulwa kwezichaso.”

This section is titled “Ukuhlolelwa ukuba semgangathweni” and refers to an authority entering premises to inspect and take samples.

This section is about the importation of plants and plant-propagation material from other countries.

This section is titled “Export of plants and propagating material.”

Section 45 is titled “Ukusekwa kwamaqumrhu” (establishment of entities).

This section is a heading for the empowerment of bodies and the appeals chapter, including the right to appeal and the Appeal Board.

This section is about consideration by the Board.

Section 50 is titled “Consideration of appeal by Minister.”

This section concerns the establishment of an advisory committee.

Section 52 appears to refer to the appointment of members of an advisory committee and their removal, but the text is incomplete.

53. Ukuzikhwebula nokudandalaziswa kwezinto azincwasileyo umntu 54. Iintlanganiso 20 25 30 35 This gazette is also available free online at www.gpwonline.co.za

This text is a chapter heading listing general-provisions topics in the Plant Improvement Act, 2018.

The Minister must notify a removed Advisory Committee member in writing and give reasons. Committee members may resign by written notice. Members must disclose pecuniary interests, the Registrar must convene meetings when needed, and members must elect a chair for each meeting.

Section title: Disclosure of information.

This section is titled “Offences Penalties” and is followed by headings for “Presumptions and evidence” and “Limitation of liability,” but no operative rule text is provided here.

This source only shows the section heading “Delegation” and nearby headings; it does not provide the rule text.

This section defines key terms used in the Act, including agent, breeder, applicant for national listing, Department, designated authority, label, and laboratory.

Test results are requested by an authority of another country.

Section 56 is titled “Ukudandalaziswa kwengcombolo,” indicating a disclosure-of-information provision.

Section 57 is titled about publishing or distributing false or misleading advertisements.

This section is about temporary occurrence and preserved laws.

65. Ukutshitshiswa kwemithetho 66. Igama lawo nokuqalisa kwawo ukusebenza Ukuchazwa kwamagama ISIHLOMELO

This provision defines key terms used in the Act, including agent, applicant, producer, cleaning, conditioning, department, authority, employee, plant variety, and label.

The Minister may declare which kinds of plants this Act applies to, and a person seeking such a declaration must apply to the Registrar in the prescribed manner.

The Registrar may share certain test reports with an authority in another country for a prescribed fee, and people generally must not disclose information obtained through their functions under the Act except in listed cases.

Umntu makangavezi ingcombolo ayifumeneyo emsebenzini phantsi kwalo Mthetho, ngaphandle kweemeko ezichaziweyo; umgcini-zifayile unokunika igunya langaphandle iingxelo zovavanyo xa kuhlawulwe umrhumo.

A person must not publish or distribute false or misleading advertisements about plants, propagating material, or premises. The Minister must also make regulations on the listed matters.

Regulations may cover necessary administrative or procedural matters, vary by business, premises, plant type or scheme, impose fines for non-compliance, and fees can be prescribed only after consulting the Minister of Finance.

This section makes it an offence for a person to give false information, obstruct officials, ignore summonses or instructions, sell/import/export plant material unlawfully, mishandle seized items, or otherwise breach specified Act or scheme requirements.

A person commits an offence if they make false entries or statements, obstruct officials, fail to appear or comply, trade contrary to the Act, mishandle plant material, disclose protected information outside the stated exception, or impersonate certain officials.

This section sets penalties for offences under section 59 and gives a Magistrates' court power to impose penalties prescribed by the Act.

In criminal proceedings under this Act or a scheme, certain samples, documents, and certified list excerpts are treated as evidence unless contrary evidence creates reasonable doubt.

The State and specified officials or personnel do not have to pay compensation for acts done in good faith under the Act or a scheme.

The Minister may delegate written functions under the Act to specified people, but not functions under section 58.

This section says certain samples, records, and certificates may be treated as evidence unless there is contrary evidence.

No compensation is payable by listed government officials or employees for acts done in good faith under the Act or by a corporation.

The Minister may delegate a function in writing, generally or in a specific case about particular property, except for the function referred to in section 58.

This section keeps certain pre-commencement registrations, approvals, authorisations, and the registrar’s designation in effect under the new Act, and requires designated authorities to sign a written agreement with the Department within one year.

This section repeals the laws listed in the Schedule’s second column, but only to the extent shown in the third column.

The Act starts on a date chosen by the President, announced by proclamation in the Gazette.

The rules mentioned in the second paragraph of the Appendix are repealed, and the extent of that repeal is set out in the third paragraph.

This section says the Act starts on a date set by the President in a notice published in the Gazette.

This schedule lists earlier Acts and sections that are repealed by section 65.

The provided text contains only a Gazette header and does not state any substantive rule.

This section sets out how the Registrar of Plant Improvement is appointed, what the Registrar must do, and the Registrar’s delegation and record-keeping powers.

The Registrar must keep and publish a varietal list, and plants and propagating material in the relevant subsection must be sold from registered business premises unless exempted.

The Registrar must hold objection hearings, notify the parties of hearing details and the decision, publish the National Varietal List Journal regularly, and ensure premises are inspected during registration.

The Registrar, an employee, or an authorised person may inspect certain premises or vehicles, require documents and assistance, seize relevant items, and take samples under the Act.

This section sets rules for issuing and executing warrants, warrantless searches with consent, handling privileged information, and returning seized items.

Plants and propagating material may only be imported if specified registration, packing, routing, and compliance conditions are met, unless an exception or written authorisation applies.

This section sets rules for importing and exporting plants or propagating material, including declarations, registration, inspections, fees, and Registrar decisions.

This section lets the Minister set up and change schemes for plants and propagating material, and requires certain applications, agreements, and notices.