68 GOVERNMENT GAZETTE, 7 JUhT 2004 No. 26436 Act No. 10,2004 NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004 knowledge of or discoveries aboutthe indigenous biological resources forthe proposed bioprospecting; (‘b) theapplicant and thestakeholderhaveentered into abenefit-sharing agreement tylat provides for sharing by the stakeholderin any future benefits that may be derived from the relevant bioprospecting; and 5 (c) theMinisterhas in terms of section83(2)approvedsuchbenefit-sharing agreement. (4) An issuing authority(a) may engage the applicant and stakeholder on the terms and conditions of a benefit-sharing or-material transfer agreement; 10 {b) may facilitate negotiations between’the applicant and stakeholder and ensure that those negotiations are conducted on an equal footing; (c) on request by the Minister, must ensure that any benefit-sharing arrangement agreed upon between the applicant and stakeholderis fair and equitable; (dl may make recommendations to the Minister; and 15 ( e ) must perform any other functions that may be prescribed. Benefit-sharing agreements 83. (1) A benefit-sharing agreement must(a) be in a prescribed format; (‘b) specify20 (i) thetype of indigenousbiologicalresources to whichtherelevant bioprospecting relates; (ii) the area or source from which the indigenous biological resources are to be collected or obtained; iiii) the quantity of indigenous biological resources that is to be collected or 25 obtained; (iv) any traditional uses of theindigenousbiologicalresourcesbyan indigenous community; and (v) the present potential uses of the indigenous biological resources; ( c ) the name partiesbenefit-sharing to the agreement; 30 (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 mannerin which and the extent to which the stakeholder will share in any benefits that may arise from such bioprospecting; (fi provideforaregularreview of the agreement by the parties as the35 bioprospecting progresses; and (g) comply with any other matters that may be prescribed. (2) A benefit-sharing agreement or any amendmentto such an agreement{ a ) must be submitted to the Minister for approval; and 40 (b) does not take effect unless approved by the Minister. Material transfer agreements 84. (1) A material transfer agreement must( a ) be in a prescribed format; ( b ) specifyparticulars of theprovider,andtheexporteror recipient, ofthe45 indigenous biological resources; the typeof indigenous biological resourcesto be provided or to be given access to; the area or source from whichthe indigenous biological resources areto be collected, obtained or provided; 50 the quantity of indigenous biological resources that is to be provided, collected, obtained or exported; the purpose for which such indigenous biological resources are to be exported; thepresentpotentialuses of theindigenousbiologicalresources;and 55