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
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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