National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Regulations

Bio-prospecting, Access and Benefit-Sharing Regulations, 2008

Annexures

Annexure 2

Part 1 : Application for a bioprospecting permit
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APPLICANT

 

If applicant is a juristic person complete clauses 1 - 7 below

 

1.Full name of institution or body:

 

 

 

2.Is the juristic body registered in South Africa?                Y/N

 

 

3.If yes, provide the South African registration number of the juristic body:

 

 

 

4.If not, in which country is the juristic body registered and provide the reference number:

 

 

 

5.Provide the contact details of the juristic body (including postal/physical address, phone, fax and e-mail address):

 

 

 

6.Name of contact person in juristic body (attach a certified copy of ID document):

 

 

 

7.        Capacity of contact person:    

 

 

 

If applicant is a natural person complete clauses 8 - 12 below

 

8.        Name of applicant:

 

 

 

9.        Identity number of the applicant (also attach certified copy of the ID):

 

 

 

10.Contact details of applicant (including postal/physical address, phone, fax and e-mail address):

 

 

 

11.        ls the applicant affiliated to a juristic body?        Y/N

 

 

12.If yes, provide the name and contact details of the juristic body (include name of contact person, postal/physical address, phone, fax and e-mail address):

 

 

 

The rest of this part to be completed by all applicants

 

13.Names and contact details (includes postal/physical address, phone, fax and e-mail address) of all other collaborators:

 

 

 

14.ldentity number of all other collaborators (also attach certified copy of the ID):

 

 

 

15.Names and contact details (includes postal/physical address, phone, fax and e-mail address)  of the individuals who will conduct  bioprospecting project:

 

 

 

16.Identity number of the individuals who will conduct bioprospecting project (also attached certified copies of IDs):

 

 

 

17.Are there any international sponsors funding this project?        Y/N

 

 

 

18.If yes, provide their names and contact details (includes name of  contact person, postal/physical address, phone, fax and e-mail address):

 

 

 

19.Are there any South African sponsors funding this project?        Y/N

 

 

20.If yes, provide their names and contact details (includes name of contact person, postal/physical address, phone, fax and e-mail address):

 

 

 

INDIGENOUS BIOLOGICAL RESOURCES

 

21.Set out the type of indigenous biological resources for which a permit  is sought, the family, genus or species, the part of the organism to be collected, the quantity of the resources to be collected or obtained and the specific area or source from which each resource is to be collected or obtained.

 

Type of organism

Family, genus or species (scientific and common names) (if possible)

Part of organism to be collected

Quantity

Full locality data (GIS readings if possible)

Example:

 

Plant

 

 

Aloe ferox

 

 

Leaves

 

 

6kg

 

 

....

 



 



 

 

PREVIOUS RESEARCH AND APPLICATIONS FOR PERMITS

 

22.In respect of the indigenous biological resources set out above, has any other application for a permit in terms of the Act or in terms of any other legislation been submitted, either previously or simultaneously with this application?        Y/N

 

 

23.If  yes, was the application granted, refused or is it still pending?

 

 

 

24.If the application was granted, provide the following detail and attach a copy of the permit.

 

Permit number

Issuing authority

Date of issue






 

 

25.        If the application is still pending, provide the issuing authority's reference number:

 

 

 

DISCLOSURE OF INFORMATION

 

26.Has all material information been disclosed to any person, organ of state or community providing or giving access to the indigenous biological resources and to any identified indigenous communities  with traditional  knowledge  or use of the indigenous biological resources?        Y/N

 

 

27.Substantiate your answer to the above paragraph by setting out all information disclosed.

 

 

 

 

 

 

 

 

 

STAKEHOLDERS

 

NOTE:If any person, organ of state or community is required to provide or give access to the indigenous biological resources, their consent must be obtained and a material transfer agreement (MTA) in the form of Annexure 4 and a benefit-sharing agreement (BSA) in the form of Annexure 5 must be attached to this application.

 

 

28.Identify the person, organ of state or community whose consent is required and in each instance indicate if a MTA and a BSA have been concluded with them.  These agreements must be attached to this application.

 

Access provider

MTA concluded and attached?

BSA concluded and attached?





















 

NOTE:If any indigenous community/ies have been identified, a benefit‑sharing agreement (BSA) in the form of Annexure 5  must be concluded with that/those community/ies and must be attached to this application.

 

 

29.What steps have been taken to identify any indigenous communities whose use or knowledge of the indigenous biological resources to which this application relates, may have initiated or contributed to the proposed bioprospecting?

 

 

 

 

 

 

 

 

 

30.        Description/nature of traditional knowledge or use oral/documented:

 

 

 

 

 

 

 

 

 

31.Describe any indigenous communities identified and in each instance indicate if a BSA has been concluded with them and if that agreement is attached to this application.

 

Indigenous community

BSA concluded?

BSA attached?


















 

 

32.Have any agreements been concluded in relation to the indigenous biological resources with collaborating parties that are not stakeholders in terms of the Act?        Y/N

 

 

33.If yes, have those agreements been disclosed to—

 

33.1any person,organ of state or community/ies who is/are providing access to the indigenous biological resources?        Y/N

 

33.2any indigenous  community/ies  with traditional knowledge or use of the indigenous biological resources?         Y/N

 

 

34.ls  any  assistance   required  from  the  issuing  authority  to  conclude  the necessary agreements?         Y/N

 

 

35.If yes, specify the nature of the assistance required and why this assistance is required.

 

 

 

PROJECT PROPOSAL

 

36.A detailed project proposal must be attached to this application setting out the following—

 

36.1the objectives of the bioprospecting project;

 

36.2the benefits that may result from  the project;
 
36.3        the proposed methodology;

 

36.4the proposed time-frames (i.e. required period of validity of permit);

 

36.5any relevant environmental considerations including impacts  of  the collection of the indigenous biological resources and proposed steps to minimise or remedy those impacts;

 

36.6reporting processes;

 

36.7desired outcomes of the project; and

 

36.8what will  happen to the discarded/wasted  specimens  at the  end of the study.

 

 

FEES

 

37. Has the fee of R5 000 been paid? Please attach copy of invoice.        Y/N

 

 

Signature of applicant for bioprospecting permit:

 

                                                                                                                              Date:                                                  

 

Capacity of signatory:                                                                                                                                                    

 

 

Endorsement of juristic body, if applicable

 

Name of juristic body:

 

 

 

Signature of duly authorised officer from the juristic body:

 

                                                                                                                                Date: