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

Chapter 6 : Bioprospecting, Access and Benefit-Sharing

Purchase

(1)	The Minister may by notice in the Gazette—

(a)	declare that this Chapter does not apply to indigenous resources specified in the notice or to an activity relating to such indigenous biological resources;

[Section 85(1)(a) amended by section 20(a) of Act No. 14 of 2013)

(b)	declare that this Chapter does not apply to certain categories of research involving indigenous biological resources or commercial exploitation of indigenous biological resources;

[Section 85(1)(b) amended by section 20(a) of Act No. 14 of 2013)]

(bA)	declare that this Chapter does not apply to the activity of collection, use, propagation cultivation or trade of indigenous biological resources for domestic use or subsistence purposes; or

[Section 85(1)(bA) inserted by section 20(a) of Act No. 14 of 2013]

(bB)	declare that the benefit sharing agreements and material transfer agreements contemplated in section 83 and 84 do not apply to certain categories of commercial or industrial exploitation of indigenous biological resources.

[Section 85(1)(bB) inserted by section 20(a) of Act No. 14 of 2013]

(c)	[Section 85(1)(c) deleted by section 20(b) of Act No. 14 of 2013]

(1A)	The Minister may amend or withdraw any notice referred to in subsection (1).

[Section 85(1A) inserted by section 20(c) of Act No. 14 of 2013]

(2)	Before publishing a notice in terms of subsection (1), or amending or repealing such a notice in terms of subsection (1A), the Minister must follow a consultative process in accordance with sections 99 and 100.

[Section 85(2) substituted by section 20(d) of Act No. 14 of 2013]

[Section 86 commenced 1 January 2006 (Proclamation No. R. 47, Gazette No. 26887)]