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 1 : Issuing authorities7. Powers and duties of issuing authorities |
| (1) | An issuing authority must process all applications within a reasonable time. |
| (2) | Before issuing a permit in terms of these Regulations, an issuing authority must satisfy itself that— |
| (a) | the impact of the relevant activity on the indigenous biological resources will be negligible or will be minimised and remedied; and |
| (b) | the relevant activity will not deplete an indigenous biological resource beyond a level where its integrity is jeopardised. |
| (3) | After having reached a decision on an application for a permit an issuing authority must— |
| (a) | notify the applicant of the decision in writing within 15 working days after making the decision; |
| (b) | if the application was approved, issue the permit, amend the permit, or renew the permit, as the case may be, within 15 working days after making the decision; |
| (c) | if the application was refused— |
| (i) | notify the applicant of the decision in writing within 15 working days after making the decision; |
| (ii) | give reasons for the refusal; and |
| (iii) | inform the applicant of the applicant's right to appeal against the decision in terms of section 94 of the Act and Regulation 16. |
| (4) | An issuing authority must monitor all permit holders to ensure compliance with permit conditions. |
| (5) | On receipt of an application for a permit an issuing authority— |
| (a) | must consider the application; |
| (b) | may require the applicant or any stakeholders to furnish additional information; |
| (c) | may require an applicant to undertake a risk assessment in accordance with section 89 of the Act or in terms of any other regulations promulgated in terms of the Act. |