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64 Act No. 10,2004 contemplated activity listed esources”-- GOVERNMENT GAZETTE, 7 JUNE 2004 No. 26436 NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004 ModifiedOrganismsAct,1997(Act No. 15 of 1997),mayposeathreat to any indigenous species or the environmenl, no permit for such release may be issued in terms of that Act unless an environmental assessment has been conducted in accordance with Chapter 5 of the‘National Environmental Management Act as if such release were a in that Chapter. 5 (2) The Minister must convey his or her belief referred to in subsection (1) to the authority issuing permits in terms of the Genetically Modified Organisms Act, 1997, before the application for the relevant permit is decided. (3) For the purposesof subsection (1) “release” meanstrial release or general release as defined section in 1 oft@ Genetically Modified Organisms Act, 1997. 10 \ Part 4 General provisions Consultation 79. (1) Before publishinganotice in terms of section 66(1), 67(1)or70(1),or amending or repealing such a notice in terms of section 68 or 72, the Minister must 15 follow a consultative process in accordance with sections 99 and 100. ( 2 ) Before publishing a notice in terms of section 70(1), or amending or repealing such a notice in terms of section 72, the MEC forenvironmental affairs in the relevant province must follow a consultative process in accordance with sections 99 and 100. CHAPTER 6 20 BIOPROSPECTING, ACCESS AND BENEFIT-SHARING Purpose and application of Chapter biological 80. (1) The purpose of this Chapter is( a ) to regulate bioprospecting involving indigenous biological resources; ( b ) to regulate the export from the Republic of indigenous biological resourcesfor 25 the purpose of bioprospecting or any other kind of research; and (c) to provide for a fair and equitable sharing by stakeholders in benefits arising from bioprospecting involving indigenous biological resources. (2) In this Chapter“indigenous 30 (a) includes( 0 any indigenous biological resources as defined in paragraph (b) of the definition of “indigenousbiologicalresource” in section1,whether gathered from the wild or accessed from any other source, including any animals, plants or other organisms of an indigenous species cultivated, 35 bred or kept in captivity or cultivated or alteredin any way by means of biotechnology; (ii) any cultivar, variety, strain, derivative, hybrid or fertile version of any indigenous species orof any animals, plants or other organisms referred and to(i); in subparagraph 40 (iii) any exotic animals, plantsor other organisms, whether gathered from the wild or accessed from anyothersourcewhich,throughtheuse of biotechnology, have been altered with any genetic material or chemical

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