National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)RegulationsBio-prospecting, Access and Benefit-Sharing Regulations, 2008Chapter 4 : General22. Transitional provisions |
| (1) | Subject to sub-regulations (2) and (3), any person involved at the commencement of these Regulations in a bioprospecting project, may continue with that project pending the issuing of a bioprospecting permit. |
| (2) | A person involved in a bioprospecting project that has already commenced must, within six months of these Regulations coming into effect, submit an application for a bioprospecting permit to the Minister in accordance with Chapter 2 of these Regulations. |
| (3) | If a bioprospecting project that has already commenced involves stakeholder interests that are required to be protected by section 82 of the Act, the applicant for a bioprospecting permit must— |
| (a) | negotiate and enter into appropriate benefit-sharing agreements with identified stakeholders; |
| (b) | attach to the application for a bioprospecting permit submitted to the Minister in terms of sub-regulation (2)— |
| (i) | signed benefit-sharing agreements entered into with stakeholders; or |
| (ii) | a written request for the intervention of the Minister for the purposes of negotiating such agreements, in accordance with section 82(4)(b) of the Act, if it has not been possible to conclude benefit-sharing agreements within the six months referred to in sub-regulation (2). |
| (4) | A bioprospecting project that has already commenced— |
| (a) | must be terminated if— |
| (i) | an application for a bioprospecting permit is refused; or |
| (ii) | a benefit-sharing agreement is not concluded notwithstanding the intervention of the Minister; |
| (b) | may continue if a bioprospecting permit is issued, subject to any conditions contained in that permit. |