266 [No. IS of 2007 Plant Breeder sRights 45. (1) The Registrar shall issue a compulsory licence to an applicant where after giving the holder of the plant breeder's rights an opportunity to be heard, the Registrar has reasonable grounds to believe that- Grant of compulsory licence (a) the holder of the plant breeder's right has umeasonably refused to grant the licence, to the applicant; (b) the holder of the plant breeder's rights has imposed unreasonable conditions for the issue of the licence; and (c) the reasonable requirements of the public with regard to the new variety are not being met or will not be met. (2) The Registrar shall not grant a compulsory licence unless the applicant is financially competent to perform and comply with the obligations of the compulsory licence. (3) A compulsory licence may be granted to any person whether or not the holder of the plant breeder's right has granted a licence to another person. (4) The issue of a compulsory licence does not prevent the holder of the plant breeder's rights from granting an additional licence. (5) The Registrar shall, where a compulsory licence is granted, provide the licensee with information on the reproductive material of the variety relating to the compulsory licence. 46. The Registrar shall, in determining the terms and conditions of a compUlsory licence, secure a royalty and other remuneration for the holder of the plant breeder's rights having regard to the following: Royalty (a) the nature of the plant variety; (b) the expenditure incurred by the plant breeder in breeding Or developing the variety; and (c) any other relevant factors. Condition of 47. (1) The Registrar shall determine the terms and conditions of a compulsory licence issued under this Part. licence (2) Without limiting the generality of subsection (1), the conditions of a compulsory licence may include(a) requiring the payment to the Institute and the plant breeder of a fee on the grant of the compulsory licence and of any annual or other periodic licence fees; (b) requiring the licensee to comply with the directions of the Institute and the plant breeder in relation to specified matters; I' " , 1 '