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 3 : Issuing of permits and content of permits11. Prospecting permits |
| (1) | A bioprospecting permit may only be issued if— |
| (a) | the Minister has approved any material transfer agreements or benefit‑sharing agreements that are required by the Act and have been submitted to the Minister; and |
| (b) | the non-refundable fee specified in Annexure 1 has been paid. |
| (2) | A bioprospecting permit must— |
| (a) | be in the form of Annexure 4 to these Regulations; |
| (b) | specify the period for which the permit is valid; |
| (c) | specify the indigenous biological resources involved; |
| (d) | specify the quantity of indigenous biological resources involved; |
| (e) | specify the source of the indigenous biological resources; |
| (f) | be issued subject to conditions as determined by the Minister, which conditions must include that— |
| (i) | all money due to stakeholders in terms of a benefit-sharing agreement must be paid into the Bioprospecting Trust Fund, as required by section 85(1) of the Act; |
| (ii) | the permit-holder must, on an annual basis, submit a status report to the Minister in a format determined by the Minister; |
| (iii) | the permit-holder will be liable for the costs of mitigating or remedying the impact of the bioprospecting on the environment, in accordance with section 28 of the NEMA; and |
| (iv) | the indigenous biological resources to which a permit relates may not be sold, donated or transferred to a third party without the written consent of the Minister. |