PLANT IMPROVEMENT BILL [B 8 – 2015]: Response by DAFF on the issues raised by the Parliamentary Legal Advisor 4 SEPTEMBER 2015

Clause 38 2 CLAUSECOMMENTS BY PARLIAMENTARY LEGAL ADVISOR RESPONSE BY DAFF 38. Evaluation of a variety for value, cultivation and use This clause seeks to enable the Registrar when there is doubt and for the benefit of the public to intervene and make an evaluation that determines the value of that variety based on the expertise and knowledge that can be used comparatively to reach a fair value and know if the variety is harmful. What is the intention for 38(8) to repeat investigation? Will it not be waste of the resources? In agreement. Word “investigate” used in 38(2) and 38(8) should be replaced by evaluate / evaluation (as appropriate) – it is not an investigation, but evaluation of the variety 38(8) serves to provide for evaluation if any doubt would arise after a number of years about a variety e.g. that genetic shift has occurred due to negligence of proper maintenance. It serves to provide for a repeat of evaluation in such case as mentioned, but not without reason.

Clause 43 3 CLAUSECOMMENTS BY PARLIAMENTARY LEGAL ADVISOR RESPONSE BY DAFF 43. Import of plants and propagating material This clause deals with import rules in respect of plants brought into the country and consequences for failure to comply. There is concern with destroying imported goods without compensation that amounts to unfair deprivation and there is no qualifier whether such material would be harmful to the Republic or have any other repercussions. Clause 43(8)(a) states “taking into account the preference of importer”, therefore giving choice to importer for destroying without compensation OR to remove (re-export) at expense of importer Due to no direct harm as in the case of import without compliance to phytosanitary requirements, consideration could be given to delete (i) and merge (ii) with (a), providing the option for removing (re-exporting) such consignment at cost of importer or allow consignment at discretion of Registrar with specified conditions.

Clause 43 (continued) 4 CLAUSECOMMENTS BY PARLIAMENTARY LEGAL ADVISOR RESPONSE BY DAFF 43. Import of plants and propagating material The submission seem to premise on the view that the importer will be different from the buyer or the seller. Clause 43 in the manner it is phrased seem to cater for all such eventualities and determines as to whom the final responsibility of compliance lies with. As DAFF pointed out the built in exemptions will provide the necessary protection and room to enable compliance with domestic rules. In agreement. Importer is mostly the seller, but may be different from the seller and buyer.

Clause 44 5 CLAUSECOMMENTS BY PARLIAMENTARY LEGAL ADVISOR RESPONSE BY DAFF 44. Export of plants and propagating material The same standards must be ensured for the product that the Republic sends out to other countries to boost economic relations and also give the country a reputable status and international standing. In this regard state will be able to meet its obligations to protect the Republic as argued by DAFF. In agreement.

Clause 47 6 CLAUSECOMMENTS BY PARLIAMENTARY LEGAL ADVISOR RESPONSE BY DAFF 47. Appeal against decision of the registrar or designated authority Prescription of the remuneration of the members of the appeal board could have consistence if made after consultation with Minister of Finance- clause 47(2)(b). In agreement for alternative wording 47(2)(b): The remuneration of a member of the Board must be prescribed after consultation with the Minister of Finance

Clause 47 (continued) 7 CLAUSECOMMENTS BY PARLIAMENTARY LEGAL ADVISOR RESPONSE BY DAFF 47. Appeal against decision of the registrar or designated authority The role played by the Minister during clause 47 appeals must be clear. The current wording of this clause is of concern. Proposed redraft of clause 47. In agreement with proposed wording as proposed for clause 47.

Clause 48 & 49 8 CLAUSECOMMENTS BY PARLIAMENTARY LEGAL ADVISOR RESPONSE BY DAFF 48. & 49. Advisory Committee Agree with DAFF response. Point for consideration is in respect of 49(10) whether the remuneration of Advisory Committee members should not be prescribed after consultation with the Minister of Finance? In agreement for alternative wording 49(10): The remuneration of a member of the Advisory Committee must be prescribed after consultation with the Minister of Finance

THANK YOU 99