Bioprospecting, Access and Benefit-Sharing Regulations, 2008 (No. R. 138 of 2008).

These Regulations, made under the National Environmental Management: Biodiversity Act, 2004, provide rules for bioprospecting and the commercialization of indigenous biological resources.
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.
Bioprospecting may only be carried out with a bioprospecting permit issued by the Minister and, if the applicant intends to export the indigenous biological resources to which the application relates, he or she must apply to the Minister for an integrated export and bioprospecting permit. The Regulations also regulate the exportation of indigenous biological resources for other research purposes.
The Regulations further provide for appeal against decisions taken by authority under this Act and the administration of the Bioprospecting Trust Fund, define offences, prescribe penalties for such offences and provide rules for the application for and issue of permits.