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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
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(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;
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{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
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( 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;
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(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
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(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;
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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
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