National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)RegulationsBio-prospecting, Access and Benefit-Sharing Regulations, 2008Chapter 2 : Permit system for Bioprospecting and Exporting Indigenous Biological ResourcesPart 2 : Application for permits10. Application procedure |
| (1) | An application for a bioprospecting permit must be submitted to the Minister and must— |
| (a) | be in the form of Part 1 of Annexure 2 to these Regulations; |
| (b) | contain sufficient information to enable the Minister to make the relevant assessment. |
| (2) | An application for an integrated export and bioprospecting permit must be submitted to the Minister and must— |
| (a) | be in the form of Parts 1 and 2 of Annexure 2 to these Regulations; |
| (b) | contain sufficient information to enable the Minister to make the relevant assessment. |
| (3) | If material transfer agreements or benefit-sharing agreements are required by the Act, an applicant for a bioprospecting permit or an integrated export and bioprospecting permit must attach to the application for such permit— |
| (a) | signed material transfer agreements or benefit-sharing agreements if such agreements have been concluded; or |
| (b) | if it has not been possible to conclude such agreements, a request for the intervention of the Minister for the purposes of negotiating such agreements, in accordance with section 82(4)(b) of the Act. |
| (4) | An application for an export permit for research purposes other than bioprospecting must be submitted to the MEC identified in regulation 6(2) and must— |
| (a) | be in the form of Annexure 3 to these Regulations; |
| (b) | contain sufficient information to enable the MEC to make the relevant assessment. |