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

Regulations

Bio-prospecting, Access and Benefit-Sharing Regulations, 2008

Chapter 2 : Permit system for Bioprospecting and Exporting Indigenous Biological Resources

Part 3 : Issuing of permits and content of permits

13. Export permit for research other than bioprospecting

Purchase

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(1)	An export permit for research other than bioprospecting may only be issued if the issuing authority identified in Regulation 6 is satisfied that the export of the relevant indigenous biological resources 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 export permit for the export of indigenous biological resources for research purposes other than bioprospecting—

(a)	must be in the form of Annexure 6 to these Regulations;

(b)	must indicate the period for which it is valid;

(c)	must specify the indigenous biological resources involved;

(d)	must specify the quantity of indigenous biological resources involved;

(e)	must specify the source of the indigenous biological resources; and

(f)	must be issued subject to the following conditions—

(i)	the indigenous biological resources to which the permit relates, may only be used for non-commercial research purposes as specified on the permit;

(ii)	the indigenous biological resources to which the permit relates may not be used for bioprospecting purposes;

(iii)

the permit-holder will be liable for the costs of mitigating or remedying the impact of the export on the environment, in accordance with section 28 of the NEMA;

(iv)	the indigenous biological resources to which the permit relates may not be sold, donated or transferred to a third party without the written consent of the issuing authority, which consent will not be given if the third party intends using the resources for bioprospecting purposes; and

(v)	the permit-holder must, on an annual basis or on timeframes as determined by the issuing authority, submit a status report to the issuing authority in a format determined by the issuing authority.