Plant Improvement Act, 2018 (Act No. 11 of 2018)Chapter 8 : Examination for Distinctness, Uniformity and Stability35. Tests and trials |
| (1) | The Registrar must, in order to enable him or her to determine whether a variety in respect of which an application has been accepted, is distinct, uniform and stable in accordance with section 27— |
| (a) | undertake or cause to be undertaken such tests and trials as may be necessary; or |
| (b) | use the results of tests and trials obtained from the appropriate authority in another country. |
| (2) |
| (a) | The applicant must furnish the Registrar within the prescribed period with such material as may be prescribed. |
| (b) | The Registrar may grant an extension to the applicant from compliance with paragraph (a) for a period not exceeding the initial prescribed period. |
| (c) | An application for extension contemplated in paragraph (b) must be submitted to the Registrar in writing and must— |
| (i) | set out reasons for the request of an extension; and |
| (ii) | in the event of imported plant material, include prescribed proof that the plant material has been imported into the Republic. |
| (d) | An application in terms of section 28 lapses if the material contemplated in paragraph (a) is not furnished to the Registrar within the prescribed period or the extended period, as the case may be. |
| (3) | If an objection has been lodged against an application for national listing in terms of section 32, the Registrar may terminate all actions performed in accordance with subsection (1)(a) or (b) in the event that such objection is upheld. |