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 2 : Application for permits9. Applicant |
| (1) | A permit in terms of the Act may only be issued to— |
| (a) | a juristic person registered in terms of South African law; |
| (b) | a natural person, who is a South African citizen or a permanent resident of South Africa; |
| (c) | a juristic person that is not registered in terms of South African law or a natural person who is not a South African citizen or a permanent resident of South Africa, if that juristic person or foreign national applies jointly with a juristic or natural person referred to in paragraphs (a) or (b) above. |
| (2) | An applicant for a permit must— |
| (a) | disclose if, in respect of the indigenous biological resources to which the application relates— |
| (i) | any other application for a permit in terms of the Act or in terms of any other legislation has been submitted to any authority either previously or simultaneously with the current application; and |
| (ii) | whether that application was refused or granted or is still pending; |
| (b) | if the bioprospecting was preceded by research other than bioprospecting in relation to the indigenous biological resources to which the application relates, disclose the nature of the research and the activities resulting in the application for a bioprospecting permit. |