Plant Improvement Act, 2018 (Act No. 11 of 2018)RegulationsRegulations made in terms of the Plant Improvement Act, 2018Chapter VI: Schemes70. Provisions of the scheme |
| (1) | The Minister must in a notice relating to the establishment of a scheme,— |
| (a) | indicate the kinds of plants and varieties thereof to which the provisions of the scheme will apply; |
| (b) | provide that an area of land utilized for the cultivation of plants or propagating material in terms of a scheme, must be registered as a unit with the designated authority referred to in section 45(6)(a); |
| (c) | provide for the manner in which an application for registration as a unit must be submitted, the information which must accompany such an application and the circumstances under which such registration shall lapse, be refused or be cancelled; |
| (d) | determine the requirements and conditions to which a unit must comply to be eligible for registration, and the period of validity of such registration; |
| (e) | determine that, as from the date on which a unit is registered in terms of a scheme, the provisions of such scheme shall be binding on the person in whose favour that unit is registered; |
| (f) | provide for the manner in which and the control subject to which plants and propagating material intended for certification under a scheme must be produced and treated; |
| (g) | determine the manner in which and the times at which any inspection of units or of plants or propagating material with reference to which the provisions of a scheme are applicable, shaft be carried out, and authorize the designated authority to determine the forms to be used in connection with such an inspection; |
| (h) | determine the requirements and standards of quality that plants and propagating material must comply with for certification in terms of a scheme; |
| (i) | determine the way in which plants and propagating material must be certified, the form of a certificate in connection therewith and the circumstances under which such a certificate shall lapse; |
| (j) | determine the way in which certified plants and propagating material must be packed, marked, labelled, sealed, stored or distributed, and the specifications of the labels and seals to be used therefore; |
| (k) | determine the information which must appear on the containers in which certified plants and propagating material are packed, or on labels affixed thereto; |
| (I) | determine the records to be kept and the information to be furnished by any person to whose favour a unit is registered under a scheme; |
| (m) | determine the fees or charges payable in terms of a scheme, or where the designated authority has been appointed to operate at own cost, authorize such authority to determine the fees or charges, and stipulate that the rendering of any service may be refused to a person who is indebted to any such authority in any amount in respect of such fees or charges; |
| (n) | confer on the designated authority or on any person authorized in writing by any such authority to enforce any provision of a scheme, the powers of inspection referred to in section 42(1); |
| (o) | declare that the provisions of section 47 shall mutatis mutandis apply with reference to any person who feels aggrieved by any decision or action taken in connection with a scheme by a designated authority; and |
| (p) | provide generally for any other matter which, in the opinion of the Minister, is necessary or expedient in order to further or better achieve the objects of a scheme, the generality of the powers conferred by this paragraph not being limited by the preceding paragraphs. |
| (2) | The designated authority referred to in section 45(6)(a) of the Act, must enter into written agreement with the person it authorizes to exercise, perform or carry out any power, function or duty of that authority as provided for in section 46(2) of the Act. |
| (3) | A designated authority who desires to extend the scope of the established scheme to include a kind of plant that has been declared in terms of the Act, a request for the inclusion of such plant must be submitted to the Registrar. |
| (4) | In the case where there is a need to extend the scope of an established scheme to a kind of plant that has been declared in terms of the Act, the designated authority must submit a request for such extension to the Registrar. |
| (5) | The provisions of regulation 69(2) and (3) are applicable with the necessary changes for processing the request referred to in subregulation (4). |