National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)RegulationsBio-prospecting, Access and Benefit-Sharing Regulations, 2008Chapter 3 : Material Transfer Agreements, Benefit-Sharing Agreements and the Administration of the Bioprospecting Trust FundPart 1 : Agreeements17. Benefit-sharing agreements |
| (1) | Parties to a benefit-sharing agreement are the applicant and the stakeholders referred to in section 82(1)(a) and (b) of the Act. |
| (2) | A benefit-sharing agreement must be in the form of Annexure 8 and must comply with subsections 83(1) and (2) of the Act; |
| (3) | Before approving a benefit-sharing agreement or an amendment to such agreement, the Minister— |
| (a) | must be satisfied that the agreement is fair and equitable to all parties; |
| (b) | may consult any person competent to provide technical advice on the agreement; and |
| (c) | may invite public comment on the agreement provided that no confidential information is made public. |
| (4) | The Minister may refuse to approve a benefit-sharing agreement unless such agreement makes some provision for— |
| (a) | enhancing the scientific knowledge and technical capacity of persons, organs of state or indigenous communities to conserve, use and develop indigenous biological resources; or |
| (b) | any other activity that promotes the conservation, sustainable use and development of the relevant indigenous biological resources. |
| (5) | Permit-holders must lodge a copy of all benefit-sharing agreements with the Director-General, within one month of an agreement being concluded or within one month of any amendments to such agreement being concluded. |