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