National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Chapter 6 : Bioprospecting, Access and Benefit-Sharing

83. Benefit-sharing agreements

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(1)A benefit-sharing agreement must—
(a)be in a prescribed format;
(b)specify—
(i)the type of indigenous biological resources to which the relevant bioprospecting relates;
(ii)the area or source from which the indigenous biological resources are to be collected or obtained;
(iii)the quantity of indigenous biological resources that is to be collected or obtained;
(iv)any traditional uses of the indigenous biological resources by an indigenous community; and
(v)the present potential uses of the indigenous biological resources;
(c)name the parties to the benefit-sharing agreement;
(d)set out the manner in which and the extent to which the indigenous biological resources are to be utilised or exploited for purposes of such bioprospecting;
(e)set out the manner in which and the extent to which the stakeholder will share in any benefits that may arise from such bioprospecting;
(f)provide for a regular review of the agreement by the parties as the bioprospecting progresses; and
(g)comply with any other matters that may be prescribed.

 

(2)A benefit-sharing 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.

 

[Section 83 commenced 1 January 2006 (Proclamation No. R. 47, Gazette No. 26887)]