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 2 : Administration of the Bioprospecting Trust Fund19. The administration of the Bioprospecting Trust Fund |
| (1) | In terms of section 85(1) of the Act, all money arising from benefit‑sharing agreements and due to stakeholders must be paid into the Bioprospecting Trust Fund. |
| (2) | The Bioprospecting Trust Fund will be managed in accordance with Treasury Regulations issued in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999). |
| (3) | For the purposes of adhering to Treasury Regulations— |
| (a) | each benefit-sharing agreement must be regarded as the trust instrument that details the specific purpose for which money received by the Bioprospecting Trust Fund may be used; |
| (b) | the Director-General is responsible for the safekeeping and proper use of all money received by the Bioprospecting Trust Fund, in accordance with the relevant benefit-sharing agreement; |
| (c) | the Director-General may charge a reasonable fee for the administration of money received in terms of a benefit-sharing agreement; |
| (4) | The Director-General must— |
| (a) | notify all issuing authorities of the banking details of the Bioprospecting Trust Fund, which details must be handed to permit-holders on issuance of every permit; |
| (b) | advise parties to a benefit-sharing agreement of— |
| (i) | any money received in respect of that agreement; |
| (ii) | the amount due to each stakeholder in terms of the agreement; and |
| (c) | distribute all monies received in accordance with the relevant benefit-sharing agreement. |
| (5) | The Director-General's obligations in terms of sub-regulation (4) may be discharged annually unless a different time period is— |
| (a) | stipulated in the relevant benefit-sharing agreement; or |
| (b) | agreed between the Director-General and the parties to a benefit-sharing agreement. |
| (6) | If for whatever reason, there is surplus money in the Bioprospecting Trust Fund that is not due to any party in terms of a benefit-sharing agreement, the Director-General must use the money for one or more of the following purposes— |
| (a) | to conserve the indigenous biological resources; |
| (b) | to support further research on indigenous biological resources and indigenous knowledge; |
| (c) | to build capacity amongst indigenous communities— |
| (i) | as to their rights in terms of the Act; and |
| (ii) | to enable them to negotiate benefit-sharing agreements that are fair and equitable; |
| (d) | to enhance scientific knowledge and technical capacity to conserve, use and develop indigenous biological resources; or |
| (e) | any other activity that promotes the conservation, sustainable use and development of indigenous biological resources for the benefit of South Africa. |
| (7) | If it is not possible, for whatever reason, to pay any party money due to them in terms of a benefit-sharing agreement, the Director-General must— |
| (a) | ascertain if there is another person or body to whom the money should legally be paid; |
| (b) | if there is no identifiable person or body to whom the money must be paid, consult any other parties to the relevant agreement as to the distribution of that money and thereafter distribute the money fairly and equitably between remaining stakeholders, if any; |
| (c) | if there are no other stakeholders, distribute the money in accordance with sub-regulation (6). |