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 authorities8. Conditions subject to which issuing authorities may issue permits |
| (1) | The Minister may only issue a bioprospecting permit or an integrated export and bioprospecting permit, if the Minister is satisfied that— |
| (a) | the relevant stakeholders have been identified in accordance with the principles set out in section 82 of the Act; |
| (b) | there has been disclosure of relevant information to all the stakeholders that have been identified; |
| (c) | the applicant has obtained the prior consent of any person, including any organ of state or community providing or giving access to the indigenous biological resources to which the application relates, and material transfer agreements and benefit-sharing agreements have been entered into with such stakeholders; |
| (d) | the applicant has obtained the prior consent of affected indigenous communities, and benefit-sharing agreements have been entered into with such communities. |
| (2) | In order to satisfy himself or herself that the requirements of the Act and these Regulations have been met, the Minister may require an applicant for a bioprospecting permit or an integrated export and bioprospecting permit to— |
| (a) | show what steps have been taken to identify stakeholders; |
| (b) | take further steps to identify stakeholders; |
| (c) | provide evidence that relevant information relating to the bioprospecting has been disclosed to the identified stakeholders; |
| (d) | provide evidence that the prior consent of identified stakeholders has been obtained. |