variety in that it did not meet the criteria specified in paragraph (a) or (b) of subsection 2 of section three; or (b) where the rights were granted on the basis of information and documents furnished by the applicant, that when the rights were granted the plant concerned was not a new variety, in that it did not meet the criteria specified in paragraph (c) or (d) of subsection (2) of section three; or (c) that the person to whom the rights were granted was not entitled to them, and the rights have not subsequently been transferred to the person entitled to them or to his assignee. (3) The Registrar may make a declaration in terms of subsection (1) on his own motion or pursuant to an application in terms of subsection (3). (3) Any person may apply to the Registrar in the prescribed manner for the making of a declaration in terms of subsection (1) in regard to any plant breeders rights, and any such application shall be accompanied by such deposit as may be prescribed. (4) The Registrar shall not make a declaration in terms of subsection (1) unless he has— (a) informed the holder of the plant breeders rights concerned that he is considering making such a declaration and has provided the holder with a written statement of his reasons for considering it; and (b) given the holder of the plant breeders rights concerned a reasonable opportunity to make representations in the matter. (5) A deposit paid with an application in terms of subsection (3) — (a) shall be refunded to the applicant if the Reg8istrar makes a declaration in terms of subsection (1) pursuant to the application; or (b) shall be forfeited to the State if no such declaration is made. (6) Within one month after making a declaration in terms of subsection (1), the Registrar shall publish notice thereof in the Gazette. (7) An appeal shall lie from any decision of the Registrar under this section. [inserted by Act 11 of 2001 with effect from 27 July, 2001] 16 Duty of holder of plant breeders rights to maintain reproductive material (1) A holder of plant breeders rights shall ensure that throughout the period for which the rights are exercisable he is in a position— (a) to produce to the Registrar reproductive material which is capable of producing the variety to which the rights relate with the morphological and physiological and other characteristics taken into account when those rights were granted in respect of that variety; and (b) to afford to the Registrar all such information and facilities as the Registrar may request for the purpose of satisfying himself that the holder of the plant breeders rights is fulfilling his duty under paragraph (a), including facilities for the inspection by or on behalf of the Registrar of the measures taken for the preservation of the variety concerned. (2) If it appears to the Registrar that a holder of plant breeders rights— (a) is no longer in a position to provide the reproductive material referred to in paragraph (a) of subsection (1); or (b) has failed to comply with any request under paragraph (b) of subsection (1); he may cancel those rights. (3) An appeal shall lie from any decision of the Registrar under this section. 17 Rights of holder of plant breeders rights (1) Subject to this section, during the period specified in section seventeenA a holder of plant breeders rights shall be entitled to prevent anyone else from selling,