Plant Improvement Act, 1976 (Act No. 53 of 1976)NoticesSouth African Seed Potato Certification Scheme33. Discretionary powers of authority |
| (1) | The authority may— |
| (a) | consider any application or request submitted to it in writing in terms of this Scheme; |
| (b) | carry out any investigation or enquiry in connection with an application referred to in paragraph which the authority may deem necessary; |
| (c) | for the purposes of an investigation or enquiry referred to in paragraph (b), require that the applicant submit to the authority any other documentation or evidence as the authority may require; |
| (d) | with the concurrence of the Registrar of Plant Improvement designated in terms of section 3 of the Act and the Executive Officer designated in terms of section 2(1) of the Agricultural Pests Act, 1983 (Act No. 36 of 1983) exempt any grower in writing, either entirely or partially, on such conditions as the authority deem necessary, from the provisions of this Scheme; and |
| (e) | institute disciplinary action against a grower if the grower fails to comply with the provisions of the Scheme and may impose such penalties or restrictions as the authority may deem fit in the circumstances. |
| (2) | The authority may withdraw the registration of a unit or refuse to certify seed potatoes presented for certification. |
| (3) | Permissions, approvals or authorisations, decisions or orders by the authority in terms of this Scheme may— |
| (a) | be made subject to such conditions as the authority may in each case determine in writing; and |
| (b) | in a particular case, be amended or withdrawn by the authority in writing if the authority deems it necessary. |
| (4) | Permissions, approvals, authorisations, decisions or orders by a person authorized to exercise, perform or carry out any power, function or duty of the authority, under Section 24(2)(a) of the Act, may be withdrawn or amended by the authority: Provided that any permission, approval, authorisation, decision or order by such a person shall, until it is so withdrawn or amended, be deemed to have been given or made by the authority. |
| (5) | The procedure to be followed and the grounds upon which the authority may consider the withdrawal or amendment of any permission, approval, authorisation, decision or order of an authorized person contemplated under subsection (4), shall be set out in the protocol. |
| (6) | The authority must notify the applicant or person concerned in writing of its decision made in terms of section 33 and of the grounds on which it is based. |
| (7) | If a withdrawal or refusal referred to in subsection (2) arises from a deficiency that can be rectified through the application of some or other act or treatment, the authority shall advise the grower concerned of such deficiency and remedial act or treatment. |
| (8) | The authority may, at the request of a grower who took remedial action or applied a treatment of which he or she has been notified as contemplated in subsection (7), approve that the unit or sub-unit concerned be re-inspected or the seed potatoes concerned be re-inspected for certification. |
| (9) | The authority may, in exceptional cases, reclassify the generation of seed potatoes and such reclassification shall be final. |
| (10) | The authority may reclassify the class of seed potatoes and such reclassification shall be final. |
| (11) | The authority may grant written approval to establish seed potatoes other than seed potatoes referred to in section 12. |
| (12) | An application for the approval referred to in subsection (11) must be in writing and accompanied by such particulars as required by the authority in each case. |
| (13) | The authority may at any time withdraw such approval referred to in subsection (11), if it is of the opinion that the plants obtained from the seed potatoes concerned do not comply with the requirements of this Scheme. |