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

Chapter 6 : Bioprospecting, Access and Benefit-Sharing

Purchase

(1)	A material transfer agreement must—

(a)	be in a prescribed format;

(b)

specify—

(i)	particulars of the provider, and the exporter or recipient, of the indigenous biological resources;

(ii)	the type of indigenous biological resources to be provided or to be given access to;

(iii)

the area or source from which the indigenous biological resources are to be collected, obtained or provided;

(iv)	the quantity of indigenous biological resources that is to be provided, collected, obtained or exported;

(v)	the purpose for which such indigenous biological resources are to be exported;

(vi)	the present potential uses of the indigenous biological resources; and

(vii)

conditions under which the recipient may provide any such indigenous biological resources, or their progeny, to a third party.

(2)	A material transfer 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 84 commenced 1 January 2006 (Proclamation No. R. 47, Gazette No. 26887)]