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.
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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.
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(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;