(f)
after an evaluation referred to in section 22, he or she decides that the use of
the variety is undesirable.
[Sub-s. (2) substituted by s. 17 (b) of Act 25 of 1996.]
(3) If the registrar deletes the denomination of a variety from the varietal list, he or
she shall in writing advise the person who applied for recognition of the variety of his or
her decision and of the grounds on which it is based, unless that person's identity and
address is unknown to the registrar.
[Sub-s. (3) substituted by s. 17 (c) of Act 25 of 1996.]
22
Evaluation of variety
(1) The registrar may, if he or she deems it necessary, evaluate the usefulness of a
variety for agricultural or industrial purposes.
(2) For the purposes of subsection (1), the registrar may investigate(a)
any variety in respect of which an application for recognition has been
submitted in terms of section 16; or
(b)
any variety of which the denomination has been entered in the varietal list.
(3) The prescribed quantity or mass of plants or propagating material of the variety
in question required for the purpose of the evaluation(a)
shall, in the case of a variety referred to in subsection (2) (a), be supplied
free of charge to the registrar by the applicant at the prescribed time and
place; and
(b)
may, in the case of a variety referred to in subsection (2) (b), be procured by
the registrar against payment from any person.
(4) The registrar may, in order to enable him or her to evaluate a variety(a)
investigate the variety in the manner which he or she deems expedient;
(b)
cause the variety to be investigated;
(c)
use the results of tests and trials conducted with that variety and obtained by
him or her in terms of an agreement referred to in section 15A.
(5) The registrar may, as a result of the evaluation of a variety-