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

Chapter 6 : Bioprospecting, Access and Benefit-Sharing

84. Material transfer agreements

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(1)A material transfer agreement must—
(a)be in a prescribed format;
(b)specify—
(i)particulars of the provider, and the exporter or recipient, of the indigenous biological resources;
(ii)the type of indigenous biological resources to be provided or to be given access to;
(iii)the area or source from which the indigenous biological resources are to be collected, obtained or provided;
(iv)the quantity of indigenous biological resources that is to be provided, collected, obtained or exported;
(v)the purpose for which such indigenous biological resources are to be exported;
(vi)the present potential uses of the indigenous biological resources; and
(vii)conditions under which the recipient may provide any such indigenous biological resources, or their progeny, to a third party.

 

(2)A material transfer 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 84 commenced 1 January 2006 (Proclamation No. R. 47, Gazette No. 26887)]