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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 3 : Material Transfer Agreements, Benefit-Sharing Agreements and the Administration of the Bioprospecting Trust Fund

Part 1 : Agreeements

16. Material transfer agreements

 

(1) Parties to a material transfer agreement are the applicant and the stakeholder as described in paragraphs 82(1)(a) and (b) of the Act who provides or gives access to the indigenous biological resources to which an application relates.

 

(2) The Minister must approve all material transfer agreements or any amendment to such agreements, in accordance with section 84(2) of the Act.

 

(3) A material transfer agreement must be in the form of Annexure 7 and must contain the information specified in section 84(1)(b) of the Act.