(2) If the registrar rejects an application under subsection (1) or refuses an
application under section 20 (2), he shall advise the person who applied for recognition in
writing of his decision and of the grounds on which it is based.
20
Recognition of variety
(1) Subject to the provisions of subsection (2), the registrar shall, after considering
an application in terms of section 18 and examining the results of any tests or trials
conducted with a variety, recognize the variety and enter it in the varietal list if(a)
the application conforms to the requirements of this Act;
(b)
the variety complies with the requirements referred to in section 17; and
(c)
all moneys payable in terms of this Act in respect of the application have
been paid.
(2) The registrar may refuse to recognize a variety if(a)
it is in the public interest to do so;
(b)
he or she, after an evaluation in terms of section 22, decides that the variety
is undesirable for use.
(3) The registrar shall not recognise a variety before(a)
he or she has decided under section 22 (1) not to investigate the variety; or
(b)
the prescribed period, reckoned from the date on which the plants and
propagating material were supplied to the registrar under section 22 (3) (a)
for the first time, has expired.
(4) The registrar shall in respect of each variety which is recognised(a)
enter the applicable particulars referred to in section 15 in the varietal list;
and
(b)
inform the applicant in writing of such recognition.
(5) If the registrar refuses to recognize a variety in terms of this section, he or she
shall in writing advise the person who applied for recognition of a variety of his or her
decision and of the grounds on which it is based.
[S. 20 amended by s. 13 of Act 39 of 1983 and substituted by s. 16 of Act 25 of 1996.]