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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 3 : Issuing of permits and content of permits

11. Prospecting permits

 

(1) A bioprospecting permit may only be issued if—
(a) the Minister has approved any material transfer agreements or benefit‑sharing agreements that are required by the Act and have been submitted to the Minister; and
(b) the non-refundable fee specified in Annexure 1 has been paid.

 

(2) A bioprospecting permit must—
(a) be in the form of Annexure 4 to these Regulations;
(b) specify the period for which the permit is valid;
(c) specify the indigenous biological resources involved;
(d) specify the quantity of indigenous biological resources involved;
(e) specify the source of the indigenous biological resources;
(f) be  issued  subject  to  conditions  as  determined   by  the  Minister,  which conditions must include that—
(i) all money due to stakeholders in terms of a  benefit-sharing agreement must be paid into the Bioprospecting Trust Fund, as required by section 85(1) of the Act;
(ii) the permit-holder must, on an annual basis, submit a status report to the Minister in a format determined by the Minister;
(iii) the permit-holder will be liable for the costs of mitigating or remedying the impact of the bioprospecting on the environment, in accordance with section 28 of the NEMA; and
(iv) the indigenous biological resources to which a permit relates may not be sold, donated or transferred to a third party without the written consent of the Minister.