Access to Biological Resources and Benefit Sharing Act 2017 (Act 795).
Country
Type of law
Legislation
Abstract
This Act is enacted to implement the Convention on Biological Diversity and any protocol to the Convention dealing with access to biological resources and traditional knowledge associated with biological resources and the sharing of benefits arising from their utilization and for matters connected therewith. It is constituted by 63 Sections divided into 10 Parts.
An National Competent Authority shall be established and it shall have the following function prescribed in Section 8, including: to coordinate the implementation and enforcement of the Act by the Competent Authorities; to keep and maintain a register of permits issued by the Competent Authorities and information relating to the permit; to establish measures for monitoring and tracking of a biological resource or traditional knowledge; to establish and maintain a clearing house mechanism; etc. The Act further provides for the application, requirements, approval and issuance for permit to access biological resources, rules on benefit sharing agreement and requirement for prior informed consent and mutually agreed terms, etc. Nothing in this Act shall be interpreted to limit the right of a small farmer: (a) to save, use, exchange and sell farm-saved seed or propagating material; and (b) to undertake conventional breeding or traditional practices in use in agriculture, horticulture, poultry farming, dairy farming, animal husbandry or bee keeping (Sec. 6). In addition, the Act makes provisions for offences and penalties, the powers relating to enforcement, seizure, arrest, etc.
An National Competent Authority shall be established and it shall have the following function prescribed in Section 8, including: to coordinate the implementation and enforcement of the Act by the Competent Authorities; to keep and maintain a register of permits issued by the Competent Authorities and information relating to the permit; to establish measures for monitoring and tracking of a biological resource or traditional knowledge; to establish and maintain a clearing house mechanism; etc. The Act further provides for the application, requirements, approval and issuance for permit to access biological resources, rules on benefit sharing agreement and requirement for prior informed consent and mutually agreed terms, etc. Nothing in this Act shall be interpreted to limit the right of a small farmer: (a) to save, use, exchange and sell farm-saved seed or propagating material; and (b) to undertake conventional breeding or traditional practices in use in agriculture, horticulture, poultry farming, dairy farming, animal husbandry or bee keeping (Sec. 6). In addition, the Act makes provisions for offences and penalties, the powers relating to enforcement, seizure, arrest, etc.
Attached files
Web site
Date of text
Repealed
No
Source language
English
Legislation Amendment
No