| (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. |
[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]
| (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]
