Regulation establishing a statutory measure on registration of exporters, importers, processors and purchasers of cotton (R. 908 of 2006)

Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998 STAATSKOERANT, 15 SEPTEMBER 2006 GOVERNMENT NOTICE GOEWERMENTSKENNISGEWING DEPARTMENT OF AGRICULTURE DEPARTEMENT VAN LANDBOU No. 29206 3 No. R. 908 15 September 2006 MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT No. 47 OF 1996) ESTABLISHMENT OF STATUTORY MEASURE: REGISTRATION OF EXPORTERS, IMPORTERS, PROCESSORS, PRODUCERS AND PURCHASERS OF COTTON I, Lulama Xingwana, Minister of Agriculture, acting under sections 13 and 19 of the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996), hereby establish the statutory measure set out in the Schedule. L.XINGWANA Minister of Agriculture Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998 4 No. 29206 GOVERNMENT GAZETTE, 15 SEPTEMBER 2006 SCHEDULE Definitions 1. In this Schedule any word or expression to which a meaning has been assigned in the Act shall have that meaning and unless the context otherwise indicates "contract ginning" means seed cotton ginned by a ginner on behalf of another party without the ownership of the cotton passing over to the ginner; "cotton" means cotton lint and seed cotton derived from the ball of the cotton plant (Gossypium hirsutum); "cotton lint" means the fibre derived from the seed cotton after the seed cotton has been ginned; "Cotton South Africa" means the Company registered in terms of section 21 of the Companies Act, 1973 (Act No. 61 of 1973), which operates ·under the name Cotton South Africa; "ginner" means any person who gins seed cotton; "gin" in relation to seed cotton, means to separate the seed and fibre in seed cotton and ginning has a corresponding meaning; "seed cotton" means the lint and seed · derived from the ball of the cotton plant (Gossypium hirsutum), before it has been ginned; "the Act" means the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996). Purpose and aims of statutory measure and the relation thereof to objectives of the Act. 2. The purpose and aims of this statutory measure are to compel the following parties to register with Cotton South Africa: All persons who produce seed cotton; all persons who are parties to the purchase of seed cotton from producers; those persons who process seed cotton; those persons who are parties to the purchase of cotton lint from producers or ginners; and those persons who import or export cotton. Registration is necessary to assist Cotton South Africa in ensuring that continuous, timeous and accurate market information relating to cotton is made avaiiable to aii roie-players. iviarkei inforrnaiion is deerned essential for all role-players in a deregulated market, in order for them to be able to make informed decisions. By combining the compulsory registration with the furnishing of monthly returns on an Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998 STAATSKOERANT, 15 SEPTEMBER 2006 No.29206 5 individual basis, market information for the whole of the country can be processed and disseminated to the market place. The established of this statutory measure will not only assist in enhancing market access for all market participants but should also assist in promoting the efficiency of the marketing of cotton. The viability of the cotton industry will thus be enhanced. The measure will not be detrimental to the number of employment opportunities within the economy or fair labour practice. This statutory measure will be administered by Cotton South Africa, a company incorporated under section 21 of the Companies Act, 1973 {Act No.61 of 1973). Cotton South Africa is appointed to implement, administer and enforce the intervention set out in the Schedule. Products to which statutory measure applies 3. This statutory measure shall apply to cotton. Area in which statutory measure applies 4. This statutory measure shall apply within the geographical area of the Republic of South Africa. Registration of parties concerned 5. (1) The following parties shall register as such with Cotton South Africa in the manner set out in clause 6: a) All persons who produce seed cotton; . b) all persons who are parties to the purchase of seed cotton from producers; c) those persons who process seed cotton; d) those persons who are parties to the purchase of cotton lint from producers or ginners; and e) those persons who import or export cotton. (2) An applicaiion for registration in terms of subclause (1) shall be made within 30 days from the date of commencement of this statutory measure and, in case of a person becoming a party in terms of subclause (1) after such date of commencement, within 30 days of becoming a party in terms of subclause (1 ). Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998 6 No.29206 GOVERNMENT GAZETTE, 15 SEPTEMBER 2006 (3) The parties in terms of subclause (1) shall within 30 days of ceasing to be a party in terms of subclause ( 1) notify Cotton South Africa in writing thereof whereupon his or her registration shall be cancelled. Application for registration 6. (1) Application for registration in terms of clause 5 shall· be made on an application fonn, copies of which are obtainable free of charge from Cotton South Africa. (2) The application form shall be completed in ink and signed by a person duly authorised thereto. (3) a) The application form shall be submitted, when forwarded by post to Cotton South Africa P.O. Box 912232 SILVERTON 0127;or b) when delivered by hand delivered to Cotton South Africa Cotton South Africa Building 90 Cycad Place off Watermeyer Street Val de Grace Extension 10 PRETORIA 0184. Commencement and period of validity 7. This statutory measure shall come into operation on the date of publication hereof and shall lapse on 31 March 2010.