PART II
FARM LICENCE FOR CULTIVATION OF PLANTS
Keeping or maintenance of farm
3A.  No person shall keep or maintain a farm except in accordance with a valid licence issued by the Director-General under section 31 of the Act and in accordance with the conditions, if any, of that licence.
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Fees for licence and renewal of licence
4.  Every application for a licence and every application for the renewal of a licence shall be accompanied by the appropriate fee specified in the First Schedule.
Application for and issue or renewal of licence
5.—(1)  In determining whether to issue or refuse to issue a licence to an applicant, the Director-General may consider the suitability of the land or premises to be licensed for use as a farm.
(2)  For the purposes of paragraph (1), the Director-General may, at any time —
(a)enter and inspect the land or premises in respect of which the application for a licence is made, or cause such land or premises to be inspected by an authorised officer;
(b)require the applicant to make available any relevant documentation for inspection and copying; and
(c)require the applicant, at his own expense, to make such alteration or improvement to such land or premises or to provide, fix or install such facilities or structures as the Director-General may specify.
(3)  The Director-General may refuse to issue a licence to an applicant if —
(a)the applicant or one of his partners or, if the applicant is a body corporate, one of its directors —
(i)had previously been convicted of an offence under the Act; or
(ii)had previously held a licence issued under the Act and the licence or permit, as the case may be, was subsequently revoked or suspended under section 32 of the Act; or
(b)in the opinion of the Director-General —
(i)the applicant is not a fit and proper person to be granted a licence; or
(ii)the land or premises in respect of which the licence is being applied for is or are not suitable for use as a farm.
(4)  Paragraphs (1), (2) and (3) shall apply, with the necessary modifications, to an application for the renewal of a licence.
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Renewal of licence
6.  Every application for the renewal of a licence may be made at any time during one month immediately preceding its expiry.
7.  [Deleted by S 296/2004 wef 01/06/2004]
Replacement of lost or defaced licence
8.—(1)  Where a licence has been lost or defaced before its expiry, the licensee may apply to the Director-General for the issue of a certified true copy of the licence.
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(2)  Upon receiving an application under paragraph (1) and the payment of the appropriate fee specified in the First Schedule, the Director-General shall issue a certified true copy of the licence to the licensee and the certified true copy of the licence so issued shall have the same effect as the original thereof.
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(3)  Any licensee to whom a certified true copy of a licence has been issued in replacement of a licence which he has lost shall, upon discovering the original licence, forthwith return the certified true copy of the licence to the Director-General.
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(4)  No certified true copy of a licence shall be issued in place of a defaced licence unless the defaced licence is surrendered to the Director-General for cancellation.
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(5)  No refund shall be made for the fee paid —
(a)for a certified true copy of a licence upon its return to the Director-General under paragraph (3); or
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(b)for a licence surrendered to the Director-General under paragraph (4).
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Transfer of licence
9.  No licensee shall transfer or assign the benefit of his licence to any other person without the prior approval of the Director-General.
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Alteration of licence
10.  Any person who, without lawful authority, alters any licence issued under these Rules or knowingly makes use of any licence so altered shall be guilty of an offence.
Revoked or suspended licence to be surrendered
11.—(1)  A licensee shall, upon the receipt of a notice, referred to in section 32(3) of the Act, of the revocation or suspension of his licence, forthwith surrender his licence to the Director-General.
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(2)  The Director-General shall, upon the expiry of the period of suspension of a licence which has been surrendered to him under paragraph (1), return the licence to the person to whom the licence was issued if the licence has not at that time expired.
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Power to waive or refund fees
11A.  Subject to rule 8(5), the Director-General may, if he thinks fit, waive or refund the whole or any part of the licence fee payable under these Rules.
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Directives
11B.—(1)  The Director-General may, at any time, issue to any licensee such written directives as he thinks necessary for the proper management and operation of a farm.
(2)  Where a licence is revoked or suspended under section 32 of the Act, the Director-General may issue to the person whose licence was revoked or suspended such written directives as he thinks necessary for the proper care and handling of the plants in the farm to which the licence relates.
(3)  Every licensee or person to whom any written directive is issued by the Director-General under paragraph (1) or (2) shall comply with such written directive.
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