No. 66 GOVERNMENT GAZETTE, 7 JUNE 2004 26436 Act No. 10,2004 NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004 compound found in any indigenous species or any animals, plants or other organisms referred to in subparagraph (i) or (ii); but (b) excludes(i) geneticmaterial of human origin; (ii) any exotic animals, plants or other organisms, other than exotic animals, S plants or other organisms referred to in paragraph (u,)(iii); and (iii) indigenous biological resourceslisted in terms of the International Treaty on Plant Genetic Resources for Food and Agriculture. Permits C’ \ 81. (1) No personmay,withoutapermitissued in terms of Chapter 710 ( a ) engage in bioprospecting involving any indigenous biological resources; or (b) export from the Republic any indigenous biological resourcesfor the purpose of bioprospecting or any other kind of research. (2) Before any application for a permit referred to in subsection (1) may be considered by a relevant issuing authority, the applicant mustat the request of the issuing authority, 15 disclose to the issuing authorityall information concerning the proposed bioprospecting and the indigenous biological resources to beusedforsuchbioprospecting that is relevant for a proper considerationof the application. Certain interests to be protected before permits are issued a 82. (1) Before a permit referred to in section SI( l)(a) or (b) is issued, the issuing 20 authority considering the application for the permit must in accordance this withsection protectany interests any of thefollowingstakeholdersmayhaveintheproposed bioprospecting project: ( a ) A person, including any organ of state or community, providing or giving access to the indigenous biological resourcesto which the applicationrelates; 25 and ( b ) an indigenouscommunity(i) whose traditional uses of the indigenous biological resources to which the application relates have initiated or will contribute to or form partof or bioprospecting; proposed the (ii) whoseknowledge of or discoveriesabouttheindigenousbiological resources to which the applicationrelates are to be used for the proposed bioprospecting. (2) If a stakeholder hasan interest as set out in subsection ( l ) ( a ) ,an issuing authority issue may if3s the applicant has disclosed all material information relating to the relevant bioprospecting to thestakeholderandonthebasis of that disclosure has obtained the prior consentof the stakeholder for the provisionof or access to such resources; applicant the and stakeholder the entered have into40 (i) a material transfer agreement that regulates the provision of or access to such resources; and (ii) a benefit-sharing agreement that provides for sharing by the stakeholder in any future benefits that may be derived from the relevant and bioprospecting; theMinisterhasinterms of sections83(2)and84(2)approvedsuch benefit-sharing and material transfer agreements. (3) If a stakeholder hasan interest as set out insubsection (l)(b), an issuing authority may issue a permit onlyif( a ) theapplicant has disclosed all materialinformation relating totherelevant SO bioprospecting to the stakeholder and on the basis of that disclosure has obtained the prior consent of the stakeholder to use any of the stakeholder’s