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

Chapter 6 : Bioprospecting, Access and Benefit-Sharing

83. Benefit-sharing agreements

 

(1) A benefit-sharing agreement must—
(a) be in a prescribed format;
(b) specify—
(i) the type of indigenous biological resources to which the relevant bioprospecting relates;
(ii) the area or source from which the indigenous biological resources are to be collected or obtained;
(iii) the quantity of indigenous biological resources that is to be collected or obtained;
(iv) any traditional uses of the indigenous biological resources by an indigenous community; and
(v) the present potential uses of the indigenous biological resources;
(c) name the parties to the benefit-sharing agreement;
(d) set out the manner in which and the extent to which the indigenous biological resources are to be utilised or exploited for purposes of such bioprospecting;
(e) set out the manner in which and the extent to which the stakeholder will share in any benefits that may arise from such bioprospecting;
(f) provide for a regular review of the agreement by the parties as the bioprospecting progresses; and
(g) comply with any other matters that may be prescribed.

 

(2) A benefit-sharing agreement or any amendment to such an agreement—
(a) must be submitted to the Minister for approval; and
(b) does not take effect unless approved by the Minister.

 

[Section 83 commenced 1 January 2006 (Proclamation No. R. 47, Gazette No. 26887)]