Plant Improvement Act, 2018 (Act No. 11 of 2018)RegulationsRegulations made in terms of the Plant Improvement Act, 2018Chapter VI: Schemes69. Application for establishment of a scheme |
| (1) | An application referred to in section 45(5) of the Act, must be submitted in writing to the Registrar containing at least the following information: |
| (a) | name of the proposed scheme and the kinds of plants that will be subject to the scheme |
| (b) | name and address of the organisation or association seeking to be the designated authority |
| (c) | the constitution of the organisation or association |
| (d) | whether the scheme must be voluntary or compulsory |
| (e) | the main objective of the scheme, whether it is phytosanitary and/or varietal integrity |
| (f) | name and address of the organisation that will be responsible for operation of the scheme, if applicable, to which the functions and duties of the authority will be delegated |
| (g) | confirmation that the scheme will be operated at own cost, or if not at own cost, the source of finances for such operations; |
| (h) | proposed scheme containing at least the elements set out in regulation 70. |
| (2) | The Registrar must consider the application received and submit a recommendation for consideration by the Minister after consultations with the applicant and relevant industry. |
| (3) | The Registrar must notify the applicant in writing within 30 days of receiving the decision from the Minister and if approved, publish a notice in the Gazette. |
| (4) | A written agreement in the form of a Memorandum of Agreement must be entered into between the designated authority and the Department upon appointment of the organisation as designated authority. The agreement must contain at least the following: |
| (a) | role and duties of the designated authority including key responsibilities |
| (b) | role and duties of the Department |
| (c) | monitoring and evaluation of the scheme |
| (5) | A person who feels aggrieved by the decisions or actions of the designated authority, must follow the appeal procedure in terms of section 47 of the Act. |