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GAZETTE, 7 JUNE 2004 70 GOVERNMENT No. 26436 Act No. 10,2004 NATIONAL ENVIRONMENTAL MANAGEMENT BIODIVERSITY ACT, 2004 (vii) conditions under which the recipient may provide any such indigenous biological resources, or their progeny, to a thirdparty. (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. 5 Establishment of Bioprospecting Trust Fund 85. (I 1A BioprospectingTrust Fund is established into which all moneys arising from benefit-sharing agreementspd material transfer agreements, and due to stakeholders, must bepaid, and from whichall payments to: or for the benefit of, stakeholders must be made. 10 (2) All money paid into the bioprospecting trust fund is trust money within the meaning of section 13(l)(fl(ii) of the Public Finance Management Act. (3) The Director-General( a ) must manage the Fund in the prescribed manner; and (b) is accountableforthemoney in theFund in terms of thePublicFinance 1.5 Management Act. Exemptions 86. (I) The Minister may by notice in the Guzette(a) declare that this Chapter does not apply to indigenous biological resources specified in the notice or to an activity relating to such indigenous biological 20 resources; and (b) amend or withdraw a notice referred to in paragraph (a). (2) Before publishing a notice in terms of subsection (1) the Minister must follow a consultative process in accordance with sections 99 and 100. CHAPTER 7 25 PERMITS Purpose of Chapter 87. The purpose of this Chapter is to provide for the regulation of the issuing of permits authorising( a ) restricted activitiesspecimens involving of30 (i) listed threatened or protected species in terms of section 57(1); (ii) alien species in terms of section 6.5(1); or (iiij listed invasive species in terms of section 71(1j; ( 6 ) activities regulated in terms of a notice published in terms of section .57(2); (c) bioprospecting involving indigenous biological resources in terms of section 35 81(1); or (d) the export of indigenous biological resources for bioprospecting or any other type of research in terms of section 8 1(1j. Part 1 Permit system 40 Application for permits 88. (1) A person may apply for a permit by lodging an application on the prescribed form to the authority. (2) An issuing authority may(a) request the applicant to furnish any additional information before it considers 4.5 the application;

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