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National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Regulations

Bio-prospecting, Access and Benefit-Sharing Regulations, 2008

Chapter 2 : Permit system for Bioprospecting and Exporting Indigenous Biological Resources

Part 2 : Application for permits

10. Application procedure

 

(1) An application for a bioprospecting permit must be submitted to the Minister and must—
(a) be in the form of Part 1 of Annexure 2 to these Regulations;
(b) contain  sufficient  information to enable  the  Minister to  make the  relevant assessment.

 

(2) An application for an integrated export and bioprospecting permit must be submitted to the Minister and must—
(a) be in the form of Parts 1 and 2 of Annexure 2 to these Regulations;
(b) contain  sufficient  information to enable  the  Minister to  make the  relevant assessment.

 

(3) If material transfer agreements or benefit-sharing agreements are required by the Act, an applicant for a  bioprospecting permit or an integrated export and bioprospecting permit must attach to the application for such permit—
(a) signed material transfer  agreements  or benefit-sharing agreements  if such agreements have been concluded; or
(b) if it has not been possible to conclude such agreements, a request for the intervention of the Minister for the purposes of negotiating such agreements, in accordance with section 82(4)(b) of the Act.

 

(4) An application for an export permit for research purposes other than bioprospecting must be submitted to the MEC identified in regulation 6(2) and must—
(a) be in the form of Annexure 3 to these Regulations;
(b) contain  sufficient  information  to  enable  the  MEC  to  make  the  relevant assessment.