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 permits12. Integrated export and bioprospecting permits |
| (1) | An integrated export and bioprospecting permit may only be issued if the Minister is satisfied that the export of indigenous biological resources for bioprospecting will be for a purpose that is in the public interest, including— |
| (a) | the conservation of biodiversity in South Africa; |
| (b) | the economic development of South Africa; or |
| (c) | enhancing the scientific knowledge and technical capacity of South African people and institutions. |
| (2) | An integrated export and bioprospecting permit must— |
| (a) | be in the form of Annexure 5 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. |