Bioprospecting, Access and Benefit-Sharing Amendments Regulations, 2015 (No. S.R. 388 of 2015).
Country
Type of law
Regulation
Abstract
These Regulations, made under the National Environmental Management: Biodiversity Act, 2004, provide rules for bioprospecting and the commercialization of indigenous biological resources.
The purpose of the Regulations is to: (a) prescribe the notification process for the discovery phase of bioprospecting involving any indigenous genetic and biological resources contemplated in section 81A (2) of the Act; (b) prescribe the permit system set out in Chapter 7 of the Act insofar as that system applies to bioprospecting involving any indigenous genetic and biological resources or export from the Republic of any indigenous genetic and biological resources for the purpose of bioprospecting or any other kind of research; (c) set out the form and content of, and requirements and criteria for benefit-sharing and material transfer agreements; and (d) set out the administration process of the Bioprospecting Trust Fund. The Minister is the issuing authority in terms of section 1 of the Act for: (a) discovery phase export permits; (b) biotrade permits; (c) bioprospecting permits; or (d) integrated biotrade and bioprospecting permits. The Member of the Executive Council is the issuing authority in terms of section 1 of the Act for export permits for research other than bioprospecting.
The Regulations further regulate the permit system set out in Chapter 7 of the Act insofar as that system applies to bioprospecting involving any indigenous biological resources or export from South Africa of any indigenous biological resources for the purpose of bioprospecting or any other kind of research and set out the contents of and the requirements and criteria for benefit-sharing and material transfer agreements.
The purpose of the Regulations is to: (a) prescribe the notification process for the discovery phase of bioprospecting involving any indigenous genetic and biological resources contemplated in section 81A (2) of the Act; (b) prescribe the permit system set out in Chapter 7 of the Act insofar as that system applies to bioprospecting involving any indigenous genetic and biological resources or export from the Republic of any indigenous genetic and biological resources for the purpose of bioprospecting or any other kind of research; (c) set out the form and content of, and requirements and criteria for benefit-sharing and material transfer agreements; and (d) set out the administration process of the Bioprospecting Trust Fund. The Minister is the issuing authority in terms of section 1 of the Act for: (a) discovery phase export permits; (b) biotrade permits; (c) bioprospecting permits; or (d) integrated biotrade and bioprospecting permits. The Member of the Executive Council is the issuing authority in terms of section 1 of the Act for export permits for research other than bioprospecting.
The Regulations further regulate the permit system set out in Chapter 7 of the Act insofar as that system applies to bioprospecting involving any indigenous biological resources or export from South Africa of any indigenous biological resources for the purpose of bioprospecting or any other kind of research and set out the contents of and the requirements and criteria for benefit-sharing and material transfer agreements.
Attached files
Web site
Date of text
Repealed
No
Serial Imprint
Government Gazette No. 38809 of 19 May 2015.
Source language
English
Legislation Amendment
No