| (b) | an indigenous community or a specific individual— |
[Words preceding subsection (1)(b)(i) substituted by section 40 of Act No. 14 of 2009]
| (i) | whose traditional uses of the indigenous biological resources to which the application relates have initiated or will contribute to or form part of the proposed bioprospecting; or |
| (ii) | whose knowledge of or discoveries about the indigenous biological resources to which the application relates are to be used for the proposed bioprospecting. |
| (2) | If a stakeholder has an interest as set out in subsection (1)(a), an issuing authority may issue a permit only if— |
| (a) | the applicant has disclosed all material information relating to the relevant bioprospecting to the stakeholder and on the basis of that disclosure has obtained the prior consent of the stakeholder for the provision of or access to such resources; |
| (b) | the applicant and the stakeholder have entered into— |
| (i) | a material transfer agreement that regulates the provision of or access to such resources; and |
| (ii) | a benefit-sharing agreement that provides for sharing by the stakeholder in any future benefits that may be derived from the relevant bioprospecting; and |
| (3) | If a stakeholder has an interest as set out in subsection (1)(b), an issuing authority may issue a permit only if— |
| (a) | the applicant has disclosed all material information relating to the relevant bioprospecting to the stakeholder and on the basis of that disclosure has obtained the prior consent of the stakeholder to use any of the stakeholder’s knowledge of or discoveries about the indigenous biological resources for the proposed bioprospecting; |
| (b) | the applicant and the stakeholder have entered into a benefit-sharing agreement that provides for sharing by the stakeholder in any future benefits that may be derived from the relevant bioprospecting; and |
| (c) | the Minister has in terms of section 83(2) approved such benefit-sharing agreement. |
| (a) | may engage the applicant and stakeholder on the terms and conditions of a benefit-sharing or material transfer agreement; |
| (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 stakeholder is fair and equitable; |
| (d) | may make recommendations to the Minister; and |
| (e) | must perform any other functions that may be prescribed. |
[Section 82 commenced 1 January 2006 (Proclamation No. R. 47, Gazette No. 26887)]
