Plant Improvement Act, 2018 (Act No. 11 of 2018)

Chapter 14 : Schemes

45. Establishment of schemes
Purchase cart Previous page Return to chapter overview Next page

 

(1) The Minister may, after consultation with stakeholders and the Minister of Finance, by notice in the Gazette establish a scheme for the certification of plants and propagating material of the kinds of plants referred to in the notice, with the object of maintaining the quality of plants and propagating material of those kinds of plants and of ensuring the usefulness for agricultural or industrial purposes of the products derived therefrom.

 

(2) The Minister may, after consultation with stakeholders and the Minister of Finance, by notice in the Gazette establish a scheme other than a certification scheme contemplated in subsection (1).

 

(3) The Minister may, with the concurrence of the Minister of Finance, by notice in the Gazette establish a scheme contemplated in subsection (1) or (2) in terms of which assistance, out of money appropriated by Parliament for this purpose, may be granted to the designated authority.

 

(4) Different schemes may be established for plants and propagating material of different kinds of plants, and the requirements for different kinds and varieties of plants and propagating material in a scheme may differ.

 

(5) An organisation or association that desires to have a scheme contemplated in subsection (1) or (2) established must submit an application to the Registrar in the prescribed manner.

 

(6) The Minister must in the notice relating to the establishment of the scheme—
(a) designate the authority which must exercise the powers, perform the functions and carry out the duties conferred upon, assigned to or imposed upon such authority under the scheme; and
(b) if the authority referred to in paragraph (a) is not an employee in the Department, or a body consisting of such employees, subject to subsection (3), provide that such authority must exercise, perform or carry out its powers, functions or duties at its own cost and subject to the directions of the Registrar and not have any right of recourse against the State for costs so incurred.

 

(7) The designated authority must enter into such written agreement with the Department as may be prescribed.

 

(8) The Minister may by notice in the Gazette amend or revoke a scheme established in terms of this Act.

 

(9) The Minister may terminate the appointment of the designated authority upon non-compliance with the prescribed requirements and provisions of the scheme or upon request by such authority.

 

(10) If the appointment of a designated authority is terminated in terms of subsection (9), the Minister must inform the authority in writing and must provide reasons for the decision.