breeder's right in respect ofa variety if
(a) that the application conforms to the requirements of this Act;
(b) that the applicant is entitled under this Act to make the application; and
(c) that the variety is a new" variety referred to in section 2 and that it conforms to the
requirements ofthis Act; and that
(d) no moneys are due by the applicant in terms ofsection 19he shall grant a plant breeder's right
in respect ofsuch new variety. ".
Substitution ofsection 21 ofAct 15 of 1976, as substituted by section 13 ofAct 5 of 1980
12. The following section is hereby Substituted for section 21 ofthe principal Act:
"Periodofplant breeder's right
21. A plant breeder's right shall be granted for the a period prescribed in respect ofthe kind of
plant in question, which period shall be of(a) 25 years, in the case of vines and trees; and
(b) 20 years, in all other cases, calculatedfrom the date on which a certificate ofregistration is
issued under paragraph (a) ofsection 20(2).".
Substitution ofsection 23 ofAct 15 of 19 76, as amended by section 14 ofAct 5 of1980 and sections
46 and 47 ofAct 97 of1986
13. The following section is hereby substitutedfor section 23 ofthe principal Act:
"Rights of holder ofplant breeder's right
23. (1) The effect of the protection given under this Act by the grant of a plant breeder's right shall
be that prior authority shall during the currency ofth e plant breeder's right be obtained by way of
licence under section 25 or 27 by any person intending to undertake the production, sale, import
into or export from the Republic(a) production or reproduction (multiplication);
(b) conditioning for the purpose ofpropagation;
(c) sale or any other form of marketing;
(d) exporting,'
(e) importing;
(f) stocking for any oftirepurposes referred to in paragraphs. (a) to (e), of-
8