COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) (i) where the grant of such a licence is covered by a licence scheme, that he is entitled to a licence in terms of the scheme; or (ii) whether or not the grant of such a licence is covered by a licence scheme, that in the circumstances the refusal or failure to grant a licence is unreasonable; or (b) the terms and conditions under which a collecting society proposes to issue a licence to him are unreasonable; he may apply to the Registrar for an order in terms of this section. (2) If, on an application in terms of subsection (1), and after considering the matters referred to in section one hundred and fourteen, the Registrar is satisfied that the applicant’s claim is well-founded, he shall make an order declaring that, in respect of the matters specified in the order, the applicant is entitled to a licence on such terms and conditions as the Registrar determines— (a) are applicable in accordance with the licence scheme concerned; or (b) are reasonable in the circumstances. (3) An order of the Registrar in terms of subsection (2) may be made so as to be in force indefinitely or for such period as he may determine. (4) The Registrar, on application by any interested party, may vary or rescind an order made by him in terms of subsection (2): Provided that no such application shall be made within twelve months after the order was made unless the Registrar, having regard to the special circumstances of the case, grants leave for the application to be made. 113 Reference to Registrar of expiring licence (1) A licensee whose licence— (a) has been granted by a collecting society; and (b) is due to expire, whether by the passage of time or as a result of notice given by the collecting society; and who claims that it is unreasonable in the circumstances that his licence should cease to be in force, may apply to the Registrar for an order in terms of this section. (2) An application shall not be made in terms of subsection (1) until the last three months before the licence concerned is due to expire. (3) If, on an application in terms of subsection (1), and after considering the matters referred to in section one hundred and fourteen, the Registrar is satisfied that the applicant’s claim is well-founded, the Registrar shall make an order declaring that the applicant shall continue to be entitled to the benefit of his licence on such terms as the Registrar may determine to be reasonable in the circumstances. (4) An order of the Registrar in terms of subsection (3) may be made so as to be in force indefinitely or for such period as he may determine. (5) The Registrar, on application by any interested party, may vary or rescind an order made by him in terms of subsection (3): Act 11/2001 - 60 Chapter 26:01