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

Chapter 17 : General Provisions

56. Disclosure of information

 

(1) Subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), a person must not disclose any information obtained by him or her in the performance of his or her functions in terms of this Act, except—
(a) to the extent that it may be necessary for the proper administration of this Act;
(b) for the purposes of any legal proceedings under this Act;
(c) upon an order of a competent court; or
(d) at the request of the Minister, the Director-General or any other person whose right has been affected.

 

(2) Notwithstanding subsection (1), the designated authority may, in respect of the relevant scheme, furnish to the holder or the appointed agent of a plant breeder’s right granted under the Plant Breeder’s Rights Act, 1976 (Act No. 15 of 1976), in respect of a variety, information regarding—
(a) the persons who applied for the certification of plants or propagating material of the variety in question;
(b) the area of land of each unit for certification for which application for registration in respect of such plants or propagating material has been made; and
(c) the quantity of such plants or propagating material which has been certified under that scheme.

 

(3) For the purposes of this section, ‘‘unit for certification’’ means an area of land which is registered in terms of a certification scheme for the cultivation of plants and propagating material of the kinds of plants and varieties to which the scheme applies.