4 No. 30739 GOVERNMENT GAZElTE, 8 FEBRUARY 2008
No. R. 138 8 February 2008
NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITYACT, 2004:
REGULATIONS ON BIO-PROSPECTING,ACCESS AND BENEFIT-SHARING
The Minister of Environmental Affairs and Tourism has, under section 97(1) (d),
(e), (9, (g) and (h) of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), made the Regulations in the Schedule.
INTERPRETATION AND PURPOSE OF REGULATIONS
1 Definitions
2. Purpose of Regulations
3. Application of Regulations
CHAPTER I
CONDITIONS UNDER WHICH BIOPROSPECTINGAND RESEARCH OTHER
THAN BIOPROSPECTING MAY BE CARRIED OUT
4. Bioprospecting
5. Research other than bioprospecting
STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 5
CHAPTER 2
PERMIT SYSTEM FOR BIOPROSPECTING AND EXPORTING INDIGENOUS
BIOLOGICAL RESOURCES
Part 7: Issuing authorities
6. Designation of issuing authorities
7. Powers and duties of issuing authorities
8. Conditions subject to which issuing authorities may issue permits
Part 2: Application for permits
9. Applicants
10. Application procedure
Part 3: Issuing of permits and content of permits
11. Bioprospectingpermits
12. Integrated export and bioprospecting permits
13. Export permit for research other than bioprospecting
Part 4: Appeals
14. Decisions that are subject to appeal
15. Procedure on appeal
CHAPTER 3
MATERIAL TRANSFER AGREEMENTS, BENEFIT-SHARING AGREEMENTS
AND THE ADMINISTRATION OF THE BIOPROSPECTING TRUST FUND
Part 7: Agreements
6 No. 30739 GOVERNMENT GAZETE, 8 FEBRUARY 2008
16. Material transfer agreements
17. Benefit-sharing agreements
18. Duties of the permit-holder
Part 2: Administration of the Bioprospecting Trust Fund
19. The administration of the Bioprospecting Trust Fund
CHAPTER 4
GENERAL
20. Offences
21. Penalties
22. Transitional provisions
23. Short Title and Commencement
STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 7
INTERPRETATIONAND PURPOSE OF REGULATIONS
Definitions
1. In these Regulations, a word or expression to which a meaning has been
assigned in the Act has the meaning so assigned and, unless the context
otherwise indicates -.
"the Act" means the National Environmental Management: Biodiversity Act,
2004 (Act No. 10 of 2004).
"any other kind of research" means research other than bioprospectingand -
(a) includes the systematic collection, study or investigation of indigenous
biological resources, conducted under the auspices of a bona fide research
institute or organisation to generate scientific knowledge; but
(b) excludes incidental surveys and searches;
"applicant" means a person who has submitted, a permit application;
"benefit-sharing agreement" means an agreement in the form of Annexure 8,
concluded between an applicant for a permit and a stakeholder, which provides
for sharing by the stakeholder in any future benefits that may be derived from the
bioprospecting to which the application relates;
"bioprospecting permit" means a permit, issued in terms of section 88
of the Act, to engage in the discovery phase and/or commercialisation phase of
a bioprospecting project;
"Bioprospecting Trust Fund" means the Fund established by section 85(1) of
the Act:
"commercialisation" includes the following activities in relation to indigenous
biological resources -
8 No. 30739 GOVERNMENT GAZETTE, 8 FEBRUARY 2008
(a) the filing of any complete intellectual property application, whether in South
Africa or elsewhere:
(b) obtaining or transferring any intellectual property rights or other rights;
(c) commencing clinical trials and product development, including the
conducting of market research and seeking pre-market approval for the sale
of resulting products;or
(d) the multiplication of indigenous biological resources through cultivation,
propagation, cloning or other means to develop and produce products, such
as drugs, industrial enzymes, food flavours, fragrance, cosmetics,
emulsifiers, oleoresins, colours and extracts;
"commercialisation phase of a bioprospecting project" means any research
on, or development or application of, indigenous biological resources where the
nature and extent of any actual or potential commercial or industrial exploitation
in relation to the project is sufficiently established to begin the process of
commercialisation;
"confidential information" means information which, if disclosed, may be
detrimental to the commercial or financial interests of a party to a benefit-sharing
agreement, and -
(a) includes-
(0 information about research being or to be carried out including details of species to be collected and areas in which specified
species are to be collected;
(ii) financial commercial, scientific or technical information including
trade secrets;
(iii) indigenous knowledge if the disclosure of that knowledge may be
detrimental to the relevant indigenouscommunity; but
(a) excludes information-
STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 9
(0 that has already been disclosed through publication in a scientific
journal;
(ii) if the parties consent to its disclosure;
"discovery phase of a bioprospecting project" means any research on, or
development or application of, indigenous biological resources where the nature
and extent of any actual or potential commercial or industrial exploitation in
relation to the project is not sufficiently clear or known to begin the process of
commercialisation;
"export permit for research other than bioprospecting" means a permit,
issued in terms of section 88 of the Act, for exporting from the Republic any
indigenous biological resources for the purposes of research other than
bioprospecting;
"indigenous community" means any community of people living or having
rights or interests in a distinct geographical area within the Republic of South
Africa with a leadership structure and-
(a) whose traditional uses of the indigenous biological resources to which an
application for a permit relates, have initiated or will contribute to or form
part of the proposed bioprospecting;or
(b) whose knowledge of or discoveries about the indigenous biological
resources to which an application for a permit relates are to be used for the
proposed bioprospecting;
"indigenous use or knowledge" includes knowledge of, discoveries about or
the traditional use of indigenous biological resources, if that knowledge, discovery
or use has initiated or will contribute to or form part of a proposed bio-prospecting
or research project to which an application for a permit relates;
"integrated export and bioprospecting permit" means a permit, issued in
terms of section 88 of the Act to export indigenous biological resources for the
purpose of bioprospecting;
10 No. 30739 GOVERNMENT GAZETTE, 8 FEBRUARY 2008
"material transfer agreement" means an agreement in the form of Annexure 7
between an applicant for a permit and a person, including any organ of state or
community, providing or giving access to the indigenous biological resources to
which the application relates;
"NEMA" means the National Environmental Management Act, 1998 (Act No. 107
of 1998)
"permit" means a permit issued in terms of Chapter 7, being a bioprospecting
permit; an integrated export and bioprospecting permit; or an export permit for
research other than bioprospecting;
"traditional use or knowledge" refers to the customary utilisation or knowledge
of indigenous biological resources by an indigenous community, in accordance
with written or unwritten rules, usages, customs or practices traditionally
observed, accepted and recognised by them, and includes discoveries about the
relevant indigenous biological resources by that community.
Purpose of Regulations
2. The purpose of these Regulations is to -
(a) further regulate the permit system set out in Chapter 7 of the Act insofar as
that system applies to bioprospecting involving any indigenous biological
resources or export from the Republic of any indigenous biological
resources for the purpose of bioprospecting or any other kind of research
and;
(b) set out the contents of, the requirements and criteria for benefit-sharing
and material transfer agreements.
3. Application of Regulations
(1) These regulations govern -
(a) the discovery phase and/or commercialisation phase of a bioprospecting
project;
STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 11
(b) the export from the Republic of any indigenous biological resources for the
purpose of bioprospecting; and
(c) the export from the Republic of any indigenous biological resources for any
other kind of research.
CHAPTER 1
CONDITIONS.UNDERWHICH BIOPROSPECTINGAND RESEARCH OTHER
THAN BIOPROSPECTINGMAY BE CARRIED OUT
Bioprospecting
4. (1) Discovery phase and/or commercialisation phase of a bioprospecting
project may only be carried out with a bioprospecting permit issued by the
Minister.
(2) If the applicant for a bioprospecting permit intends exporting the
indigenous biological resources to which the application relates, the applicant
must apply to the Minister for an integrated export and bioprospecting permit.
(3) The Minister may only issue a bioprospecting permit or an integrated
export and bioprospecting permit after complying with the requirements of
Regulations 8(1) and 9(1).
Research other than bioprospecting
5. (1) Indigenous biological resources may only be exported for a research
purpose other than bioprospecting with an export permit issued by the issuing
authority identified in Regulation6.
(2) An export permit for research other than bioprospecting may be issued
as part of an integrated permit provided the issuing authority complies with
section 92 of the Act.
(3) Before issuing an export permit for research other than bioprospecting,
the issuing authority must comply with Regulations 9(1) and 13(1).
12 No. 30739 GOVERNMENT GAZElTE, 8 FEBRUARY 2008
CHAPTER 2
PERMIT SYSTEM FOR BIOPROSPECTING AND EXPORTING INDIGENOUS
BIOLOGICAL RESOURCES
Part I: issuing authorities
Designation of issuing authorities
6. (1) The Minister is the issuing authority for -
(a) bioprospecting permits; and
(b) integrated export and bioprospecting permits, if the indigenous biological
resources are being exported for the purposes of bioprospecting.
(2) The MEC is designated as the issuing authority for export permits, if
the indigenous biological resources are being exported for research purposes
other than bioprospecting, and the indigenous biological resources to be exported
are collected, gathered or curated in that province.
(3) Delegation of powers and duties by an issuing authority can only be
done in accordance with sections 42 and 42A of the NEMA.
Powers and duties of issuing authorities
7. (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
STAATSKOERANT, 8 FEBRUARlE 2008 No. 30739 13
(b) the relevant activity will not deplete an indigenous biological resource
beyond a level where its integrity is jeopardised.
(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.
(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.
14 No. 30739 GOVERNMENT GAZETTE, 8 FEBRUARY 2008
Conditions subject to which issuing authorities may issue permits
8. (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.
STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 15
Part 2: Application for permits
Applicant
9. (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 researchother 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.
Application procedure
10. (1) An application for a bioprospecting permit must be submitted to the
Minister and must -
(a) be in the form of Part 1 of Annexure 2 to these Regulations;
16 No. 30739 GOVERNMENT GAZETTE, 8 FEBRUARY 2008
(b) contain sufficient information to enable the Minister to make the relevant
assessment.
(2) An application for an integrated export and bioprospecting permit must
be submitted to the Minister and must -
(a) be in the form of Parts 1 and 2 of Annexure 2 to these Regulations;
(b) contain sufficient information to enable the Minister to make the relevant
assessment.
(3) If material transfer agreements or benefit-sharing agreements are
required by the Act, an applicant for a bioprospecting permit or an integrated
export and bioprospecting permit must attach to the application for such permit -
(a) , signed material transfer agreements or benefit-sharing agreements if such
agreements have been concluded; or
(b) if it has not been possible to conclude such agreements, a request for the
intervention of the Minister for the purposes of negotiating such agreements,
in accordance with section 82(4)(b)of the Act.
(4) An application for an export permit for research purposes other than
bioprospecting must be submitted to the MEC identified in regulation 6(2) and
must -
(a) be in the form of Annexure 3 to these Regulations;
(b) contain sufficient information to enable the MEC to make the relevant
assessment.
Part 3: Issuing of permits and content of permits
Bioprospecting permits
11. (1) A bioprospecting permit may only be issued if -
~1 STAATSKOERANT,8 FEBRUARIE 2008 No. 30739 17
(a) the Minister has approved any material transfer agreements or benefit-
sharing agreements that are required by the Act and have been submitted
to the Minister; and
I i (b) the non-refundable fee specified in Annexure 1 has been paid.
I I (2) A bioprospecting permit must -
(a) be in the form of Annexure 4 to these Regulations;
(b) specify the period for which the permit is valid;
(c) specify the indigenous biological resources involved;
(d) specify the quantity of indigenous biological resources involved;
(e) specify the source of the indigenous biological resources;
(f) be issued subject to conditions as determined by the Minister, which
conditions must include that -
all money due to stakeholders in terms of a benefit-sharing
agreement must be paid into the Bioprospecting Trust Fund, as
required by section 85(1) of the Act;
the permit-holder must, on an annual basis, submit a status report to
the Minister in a format determined by the Minister;
the permit-holder will be liable for the costs of mitigating or remedying
the impact of the bioprospecting on the environment, in accordance
with section 28 of the NEMA; and
the indigenous biological resources to which a permit relates may not
be sold, donated or transferred to a third party without the written
consent of the Minister.
18 No. 30739 GOVERNMENT GAZElTE, 8 FEBRUARY 2008
Integrated export and bioprospecting permits
12. (1) An integrated export and bioprospecting permit may only be issued if
the Minister is satisfied that the export of indigenous biological resources for
bioprospecting will be for a purpose that is in the public interest, including -
(a) the conservation of biodiversity in South Africa;
(b) the economic development of South Africa; or
(c) enhancing the scientific knowledge and technical capacity of South African
people and institutions.
(2) An integrated export and bioprospectingpermit must -
(a) be in the form of Annexure 5 to these Regulations;
(b) specify the period for which the permit is valid;
(c) specify the indigenous biological resources involved;
(d) specify the quantity of indigenous biological resources involved;
(e) specify the source of the indigenous biological resources;
(f) be issued subject to conditions as determined by the Minister, which
conditions must include that -
(i) all money due to stakeholders in terms of a benefit-sharing
agreement must be paid into the Bioprospecting Trust Fund, as
required by section 85(1) of the Act;
(ii) the permit-holder must, on an annual basis, submit a status report to
the Minister in a format determined by the Minister;
(iii) the permit-holder will be liable for the costs of mitigating or remedying
the impact of the bioprospecting on the environment, in accordance
with section 28 of the NEMA; and
STAATSKOERANT, 8 FEBRUARIE 2008
(iv) the indigenous biological resources to which a permit relates may not
be sold, donated or transferred to a third party without the written
consent of the Minister.
Export permit for research other than bioprospecting
13. (1) An export permit for research other than bioprospecting may only be
issued if the issuing authority identified in Regulation 6 is satisfied that the export
of the relevant indigenous biological resources will be for a purpose that is in the
public interest, including -
(a) the conservation of biodiversity in South Africa;
(b) the economic development of South Africa; or
(c) enhancing the scientific knowledge and technical capacity of South African
people and institutions.
(2) An export permit for the export of indigenous biological resources for
research purposes other than bioprospecting-
(a) must be in the form of Annexure 6 to these Regulations;
(b) must indicate the period for which it is valid;
(c) must specify the indigenous biological resources involved;
(d) must specify the quantity of indigenous biological resources involved;
(e) must specify the source of the indigenous biological resources; and
(f) must be issued subject to the following conditions -
(i) the indigenous biological resources to which the permit relates, may
only be used for non-commercial research purposes as specified on
the permit;
(ii) the indigenous biological resources to which the permit relates may
not be used for bioprospecting purposes;
20 No. 30739 GOVERNMENT GAZETTE, 8 FEBRUARY 2008
(iii) the permit-holder will be liable for the costs of mitigating or
remedying the impact of the export on the environment, in
accordance with section 28 of the NEMA;
(iv) the indigenous biological resources to which the permit relates may
not be sold, donated or transferred to a third party without the
written consent of the issuing authority, which consent will not be
given if the third party intends using the resources for
bioprospecting purposes; and
(v) the permit-holder must, on an annual basis or on timeframes as
determined by the issuing authority, submit a status report to the
issuing authority in a format determined by the issuing authority.
Part 4: Appeals
Decisions that are subject to appeal
14. (1) An applicant may appeal, in terms of section 94 of the Act, any
decision to -
(a) refuse a permit;
(b) impose permit conditions that are in addition to mandatory conditions
required to be imposed in terms of these Regulations;
(c) cancel a permit.
STAATSKOERANT,8 FEBRUARlE 2008 No. 30739 21
Procedure on appeal
15. (1) An appeal must be lodged with the Minister within 30 days of the
applicant receiving notificationof the decision being appealed against.
(2) Stakeholders who have an interest in the appeal must be provided with
a copy of the appeal and must be notified that they have 15 days from date of
notification to lodge submissions in relation to the appeal with the Minister.
(3) An appeal must -
(a) set out the grounds on which the decision is being appealed;
(b) identify any stakeholders who have an interest in the appeal and provide
proof that a copy of the appeal has been served on all stakeholders; and
(c) be accompanied by the non-refundablefee set out in Annexure 1.
CHAPTER 3
MATERIAL TRANSFER AGREEMENTS, BENEFIT-SHARINGAGREEMENTS
AND THE ADMINISTRATION OF THE BIOPROSPECTING TRUST FUND
Part 1: Agreements
Material transfer agreements
16. (1) Parties to a material transfer agreement are the applicant and the
stakeholder as described in paragraphs 82(l)(a) and (b) of the Act who provides
or gives access to the indigenous biological resources to which an application
relates.
(2) The Minister must approve all material transfer agreements or any
amendment to such agreements, in accordance with section 84(2) of the Act.
(3) A material transfer agreement must be in the form of Annexure 7 and
must contain the information specified in section 84(l)(b) of the Act.
22 No. 30739 GOVERNMENT GAZETTE, 8 FEBRUARY 2008
Benefit-sharing agreements
17. (1) Parties to a benefit-sharing agreement are the applicant and the
stakeholders referred to in section 82(l)(a) and (b) of the Act.
(2) A benefit-sharing agreement must be in the form of Annexure 8 and
must comply with subsections 83(1) and (2) of the Act;
(3) Before approving a benefit-sharing agreement or an amendment to
such agreement, the Minister -
(a) must be satisfied that the agreement is fair and equitable to all parties;
(b) may consult any person competent to provide technical advice on the
agreement; and
(c) may invite public comment on the agreement provided that no confidential
information is made public.
(4) The Minister may refuse to approve a benefit-sharing agreement
unless such agreement makes some provision for -
(a) enhancing the scientific knowledge and technical capacity of persons,
organs of state or indigenous communities to conserve, use and develop
indigenous biological resources; or
(b) any other activity that promotes the conservation, sustainable use and
development of the relevant indigenous biological resources.
(5) Permit-holders must lodge a copy of all benefit-sharing agreements
with the Director-General, within one month of an agreement being concluded or
within one month of any amendments to such agreement being concluded.
STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 23
Duties of Permit-holder
18. (1) The holder of a bioprospecting permit or an integrated export and
bioprospecting permit must -
(a) notify the Director-General when money due to stakeholders as specified in
the benefit-sharing agreement will be transferred or paid into the
BioprospectingTrust Fund;
(b) notify stakeholders entitled to a monetary benefit in terms of a benefit-
sharing agreement that money was transferred or paid into the
BioprospectingTrust Fund.
Part 2: Administration of the Bioprospecting Trust Fund
The administration of the Bioprospecting Trust Fund
19. (1) In terms of section 85(1) of the Act, all money arising from benefit-
sharing agreements and due to stakeholders must be paid into the
Bioprospecting Trust Fund.
(2) The Bioprospecting Trust Fund will be managed in accordance with
Treasury Regulations issued in terms of the Public Finance Management Act,
1999 (Act No.1 of 1999).
(3) For the purposes of adhering to Treasury Regulations-
each benefit-sharing agreement must be regarded as the trust instrument
that details the specific purpose for which money received by the
BioprospectingTrust Fund may be used;
the Director-General is responsible for the safekeeping and proper use of all
money received by the Bioprospecting Trust Fund, in accordance with the
relevant benefit-sharing agreement;
the Director-General may charge a reasonable fee for the administration of
money received in terms of a benefit-sharingagreement;
24 No. 30739 GOVERNMENT GAZElTE, 8 FEBRUARY 2008 -- --
(4) The Director-General must -
(a) notify all issuing authorities of the banking details of the Bioprospecting
Trust Fund, which details must be handed to permit-holders on issuance of
every permit;
(b) advise parties to a benefit-sharing agreement of -
(i) any money received in respect of that agreement;
(ii) the amount due to each stakeholder in terms of the agreement; and
(c) distribute all monies received in accordance with the relevant benefit-sharing
agreement.
(5) The Director-General's obligations in terms of sub-regulation (4) may
be discharged annually unless a different time period is -
(a) stipulated in the relevant benefit-sharing agreement; or
(b) agreed between the Director-General and the parties to a benefit-sharing
agreement.
(6) If for whatever reason, there is surplus money in the Bioprospecting
Trust Fund that is not due to any party in terms of a benefit-sharing agreement,
the Director-General must use the money for one or more of the following
purposes -
(a) to conserve the indigenous biological resources;
(b) to support further research on indigenous biological resources and
indigenous knowledge;
(c) to build capacity amongst indigenous communities-
(i) as to their rights in terms of the Act; and
(ii) to enable them to negotiate benefit-sharing agreements that are fair
and equitable;
STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 25
(d) to enhance scientifc knowledge and technical capacity to conserve, use
and develop indigenous biological resources; or
(e) any other activity that promotes the conservation, sustainable use and
development of indigenous biological resources for the benefit of South
Africa.
(7) If it is not possible, for whatever reason, to pay any party money due to
them in terms of a benefit-sharing agreement, the Director-General must -
(a) ascertain if there is another person or body to whom the money should
legally be paid;
(b) if there is no identifiable person or body to whom the money must be paid,
consult any other parties to the relevant agreement as to the distribution of
that money and thereafter distribute the money fairly and equitably between
remaining stakeholders, if any;
(c) if there are no other stakeholders, distribute the money in accordance with
sub-regulation (6).
CHAPTER 4
GENERAL
Offences
20. A person is guilty of an offence if that person -
(a) without a permit -
(1) undertakes bioprospecting involving indigenous biological
resources;
(ii) exports from the Republic any indigenous biological resources for
the purpose of bioprospecting or any other research;
26 No. 30739 GOVERNMENT GAZETTE, 8 FEBRUARY2008
(b) performs the activity for which the permit was issued otherwise than in
accordance with any conditions subject to which a permit was issued;
(c) permits or allow any other person to do, or to omit to do anything which is
an offence in terms of these regulations;
Penalties
21. (1) A person convicted of an offence in terms of regulation 20 is liable to -
(a) imprisonment for a period not exceeding five years;
(b) an appropriate fine;or
(c) to both a fine and such imprisonment.
(2) A fine in terms of sub-regulation (1) may not exceed an amount
prescribed in terms of the Adjustment of Fines Act, 1991 (Act No. 101 of 1991).
Transitional provisions
22. (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;
STAATSKOERANT,8 FEBRUARIE 2008 No. 30739 27
(b) attach to the application for a bioprospecting permit submitted to the
Minister in terms of sub-regulation (2) -
signed benefit-sharing agreements entered into with stakeholders; or
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).
A bioprospectingproject that has already commenced -
(a) must be terminated if -
(i) an application for a bioprospectingpermit 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.
Short Title and commencement
23. These Regulationsare called Bioprospecting, Access and Benefit-Sharing
Regulations,2008 and will come into operation on a date fixed by the Minister by
notice in the Gazette.
28 No. 30739 GOVERNMENT GAZElTE, 8 FEBRUARY 2008
ANNEXURE I
PRESCRIBED NON-REFUNDABLE FEES
1. Permit fees
1.1. Bioprospecting permit (Regulation 11)
1.2. Integrated export and bioprospecting permit (Regulation 12) R5 200
1.3. Export permit for the purpose of conducting research other than
bioprospecting (Regulation 13) R 100
2. Appeal in terms of Regulation 15
Appeal fee
STAATSKOERANT, 8 FEBRUARIE 2008 NO.30739 29
ANNEXURE 2
PART 1: APPLICATION FOR A BIOPROSPECTING PERMIT
PART 2: APPLICATION FOR AN EXPORT PERMIT FOR THE
PURPOSES OF BIOPROSPECTING
Notes on completing form:
1. If you are applying for a bioprospecting permit and you do not intend to
export the relevant indigenous biological resources, you need only to
complete part 1 of this form.
2. If you are applying for an integrated export and bioprospecting permit, you
must complete parts 1 and 2 of this form.
3. If insufficient space is provided in this form, additional information may be
included by way of Annexures.
KIND OF PERMIT APPLIED FOR (Tick relevant box)
Bioprospecting permit: 0 Integrated export and bioprospecting permit: 0
PHASE OF BIOPROSPECTING PROJECT (Tick relevant box)
Discovery phase: 0 Commercialisation phase: 0
30 No. 30739 GOVERNMENT GAZElTE, 8 FEBRUARY 2008
PART I:APPLICATION FOR A BIOPROSPECTING PERMIT
APPLICANT
If applicant is ajuristic person complete clauses 7 - 7 below
I.Full name of institution or body:
2. Is the juristic body registered in South Africa? YIN
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 postallphysical
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 - 72 below
8. Name of applicant:
9. Identity number of the applicant (also attach certified copy of the
STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 31
10.Contact details of applicant (including postallphysical address, phone, fax and
e-mail address):
11.Is the applicant affiliated to a juristic body? YIN
12. If yes, provide the name and contact details of the juristic body (include name
of contact person, postallphysical address, phone, fax and e-mail address):
The rest of this part to be completed by all applicants
13.Names and contact details (includes postallphysical address, phone, fax and
e-mail address) of all other collaborators:
- -- - - -
14. Identity number of all other collaborators (also attach certified copy of the ID):
15. Names and contact details (includes postallphysicaladdress, phone, fax and
e-mail address) of the individuals who will conduct bioprospecting project:
16. ldentity number of the individuals who will conduct bioprospecting project
(also attached certified copies of IDS):
17.Are there any international sponsors funding this project? YIN
18. If yes, provide their names and contact details (includes name of contact
person, postallphysical address, phone, fax and e-mail address):
--
19.Are there any South African sponsors funding this project? YIN
32 No. 30739 GOVERNMENT GAZE'TTE, 8 FEBRUARY 2008
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
Example:
I Plant
Family, genus or species (scientific and common names) (if possible)
Aloe ferox
Part of organism Quantity to be collected
Leaves 6 kg
Full locality 1 data (GIs readings if possible)
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?
STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 33
24. If the application was granted, provide the following detail and attach a copy of
the permit.
25.lf the application is still pending, provide the issuing authority's reference
number:
Permit 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? YIN
Issuing authority
27. Substantiate your answer to the above paragraph by setting out all information
disclosed.
Date of issue
34 No. 30739 GOVERNMENTGAZElTE, 8 FEBRUARY 2008 - pp
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 I 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 communitylies and must be attached to this
application.
STAATSKOERANT,8 FEBRUARIE 2008 NO.30739 35
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. Descriptionlnature of traditional knowledge or use
oralldocumented):
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?
36 No. 30739 GOVERNMENT GAZElTE, 8 FEBRUARY 2008 ,
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? YIN
33. If yes, have those agreements been disclosed to -
33.1. any person,organ of state or communitylies who islare providing access to
the indigenous biological resources? Y/N
33.2. any indigenous community/ies with traditional knowledge or use of the
indigenous biological resources? YIN
34.1s any assistance required from the issuing authority to conclude the
necessary agreements? YIN
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 -
36.1. the objectives of the bioprospecting project;
36.2. the benefits that may result from the project;
36.3. the proposed methodology;
36.4. the proposed time-frames (i.e. required period of validity of permit);
36.5 any relevant environmental considerations including impacts of the
collection of the indigenous biological resources and proposed steps to
minimise or remedy those impacts;
~ STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 37
36.6, reporting processes;
36.7. desired outcomes of the project; and
36.8. what will happen to the discarded1 wasted specimens at the end of the
study.
FEES
37. Has the fee of R5 000 been paid? Please attach copy of invoice. YIN
Signature of applicant for bioprospecting permit:
ate:
Capacity of signatory:
Endorsement of juristic body, if applicable
Name of juristic body:
Signature of duly authorised officer from the juristic body:
Date:
38 No. 30739 GOVERNMENT GAZElTE, 8 FEBRUARY 2008
PART 2: APPLICATION FOR AN EXPORT PERMIT FOR BIOPROSPECTING
PURPOSES
1 An applicant completing this part must also complete and sign part 1 I I
RECIPIENT OF INDIGENOUS BIOLOGICAL RESOURCES BEING EXPORTED
(IMPORTER)
1. Name of recipientAmporter:
2. Contact details of recipient/importer (include postal/physical address, phone,
fax and e-mail address):
REQUIREMENTSOF OTHER LEGISLATION
3. Have you complied, or have you taken steps to comply, with other legislative
requirements for the collection and export of the indigenous biological
resources? Provide details, including reference numbers and waybill numbers
where appropriate:
PURPOSE OF EXPORT
4. State the purpose for which the indigenous biological resources are to be
exported:
5. Will the intended bioprospecting that is the subject of the permit application,
have some benefit for -
STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 39
5.1. the conservation of biodiversity in South Africa YIN
5.2. the economic development of South Africa YIN
5.3. any other matter that is in the public interest? YIN
6. If yes, provide details:
FEES
7. Has the fee of R5200 been paid? Please attach a copy of the invoice YIN
Signature of applicant for permit:
Date:
Capacity of signatory:
Endorsement of juristic body, if applicable
Name of juristic body:
Signature of duly authorised officer from juristic body:
Date:
40 No. 30739 GOVERNMENT GAZETTE, 8 FEBRUARY 2008
ANNEXURE 3
APPLICATION FOR AN EXPORT PERMIT FOR THE PURPOSES OF
CONDUCTING RESEARCH OTHER THAN BIOPROSPECTING
I
I Notes on completing form:I / If insufficient space is provided in this form, additional information may be 1 included by way of annexures. APPLICANT
If applicant is a juristic person complete clauses I - 7 below
I.Full name of institution or body:
2. Is the juristic body registered in South Africa? YIN
3. If yes, provide the South African registration number of the juristic body:
4. If not, which country is the juristic body registered in and provide the reference
number:
5. Provide the contact details of the juristic body (including postallphysical
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
STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 41
8. Name of applicant:
9. ldentity number of the applicant (also attach certified copy of the ID):
10.Contact details of applicant (including postallphysical address, phone, fax and
e-mail address):
II.Is the applicant affiliated to any juristic body? YIN
12. If yes, provide the name and contact details of the juristic body (include name
of contact person, postallphysical address, phone, fax and e-mail address):
The rest of this part to be completed by all applicants
13.Names and contact details (includes postallphysical 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 research:
16. ldentity number of the individuals who will conduct research (also attached
certified copies of IDS):
17.Are there any international sponsors funding this project? YIN
42 No. 30739 GOVERNMENT GAZETTE, 8 FEBRUARY 2008
18. If yes, provide their names of sponsors and contact details(includes name of
contact person, postallphysical address, phone, fax and e-mail address):
19.Are there any South African sponsors funding this project? YIN
20. If yes, provide their names of sponsors and contact details(includes name of
contact person, postallphysical address, phone, fax and e-mail address):
RECIPIENT OF INDIGENOUS BIOLOGICAL RESOURCES BEING EXPORTED
(IMPORTER)
21. Name of recipient/importer:
22. Contact details of recipient/importer (include postallphysical address, phone,
fax and e-mail address):
INDIGENOUS BIOLOGICAL RESOURCES
23.Set out the type of indigenous biological resources for which a permit is
sought, the family, genus and 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
Part of organism to be collected
Quantity Full locality data (GIs readings if possible)
STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 43
1 possible) 1 1 Example: 1 Aloe ferox 1 eaves 1 Plant I ~ I I I
PREVIOUS PERMITS
24. 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 simultaneouslywith this application? YIN
25.lf yes, was the application granted, refused or is it still pending?
26. If the application was granted, provide the following detail and attach a copy of
the permit.
If the application is still pending, provide the issuing authority's reference
number:
Permit number
REQUIREMENTSOF OTHER LEGISLATION
27. Have you complied, or have you taken steps to comply, with other legislative
requirements for the collection and export of the indigenous biological
Issuing authority Date of issue
44 No. 30739 GOVERNMENT GAZETTE, 8 FEBRUARY 2008
resources? Provide details, including reference numbers and waybill numbers
where appropriate.
PROJECT PROPOSAL
28.A detailed project proposal must be attached to this application setting out the
following -
the objectives of the research;
the benefits that may result from the project;
the proposed methodology;
the proposed time-frames(i.e. required period of validity of permit);
any relevant environmental considerations including impacts of the
collection of the resources and proposed steps to minimise or remedy
those impacts;
reporting processes;
desired outcomes of the project; and
what will happen to the discarded1 wasted specimens at the end of the
study.
PURPOSEOFEXPORT
29.State the purpose for which the indigenous biological resources are to be
exported:
STAATSKOERANT, 8 FEBRUARIE 2008 No.30739 45
30.Will the intended research that is the subject of the permit application, have
some benefit for-
30.1. the conservation of biodiversity in South Africa
30.2. the economic development of South Africa
30.3. any other matter that is in the public interest?
31. If yes, provide details:
FEES
32. Has the fee of R200 been paid? Please attach a copy of the invoice.
Signature of applicant for permit:
Date:
Capacity of signatory:
Endorsement of juristic body, if applicable:
Name of juristic body:
Signature of duly authorised officer from juristic body:
Date:
46 No. 30739 GOVERNMENT GAZETTE, 8 FEBRUARY 2008
ANNEXURE 4
BIOPROSPECTING PERMIT
This permit is issued in terms of Regulation IIof the Regulations on
Bioprospecting, Access and Benefit-Sharing
I.Permit-holder's name:
2. Permit-holder's physical/postal address, telephone, fax and e-mail
address:
3. Name of person in charge of bioprospecting (if different from permit-
holder):
4. Identify number of permit-holder or person in charge of bioprospecting:
5. If the application was a joint application, names of any other applicants:
6. Contact details of all other applicants:
7. Nature of permit: This permit authorises the permit holder to use the
following indigenous biological resources for the purposes of bioprospecting ,
In the quantities specified and to collect the indigenous biological resources in
the areas set out below:
I
Type of I Family, Part of 1 organism genus or organism to
species
Quantity (Indicate if there are
Full locality data (GIs readings if
STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 47
be collected and common I names) (if j possible) 1
8. Duration of permit: This permit is valid until
Example:
Plant
9. Benefit-sharing agreements and material transfer agreements: This
permit must be read with the following benefit-sharing agreements and
material transfer agreements entered into with stakeholders envisaged in
section 82(1) of the Biodiversity Act.
limitations on the quantity of samples)
10.Conditions: This permit is issued subject to the following conditions-
possible)
Aloe ferox Leaves
I I
I
-
i
the permit holder may not transfer the indigenous biological resources
to which this permit relates to any third party without the prior informed
consent in writing of the issuing authority and then only under a written
agreement containing terms no less restrictive than those which apply
to the permit holder in terms of this permit and any agreements referred
to in paragraph 9;
the permit holder must submit a progress report to the issuing authority
within one year of the date of this permit and annually thereafter.
6 kg ....
48 No. 30739 GOVERNMENT GAZElTE, 8 FEBRUARY 2008
10.3. if new collaborators join the bioprospecting project for which this permit
is being issued, the permit holder must notify the issuing authority in
writing.
10.4. all money due to stakeholders in terms of a benefit-sharing agreement
must be paid into the Bioprospecting Trust Fund, as required by section
85(1) of the Act; and
10.5. the permit-holder will be liable for the costs of mitigating or remedying
the impact of the bioprospecting on the environment, in accordance
with section 28 of the National Environmental Management Act, 107 of
1998; and
10.6. (additional conditions may be inserted here)
Signed by the Minister of EnvironmentalAffairs and Tourism
Signature
Date
STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 49
ANNEXURE 5
INTEGRATED EXPORT AND BIOPROSPECTING PERMIT
This permit is issued in terms of Regulation 12 of the Regulations on
Bioprospecting, Access and Benefit-Sharing
1. Permit-holder's name:
- --
2. Permit-holder's physicallpostal address, telephone, fax, and e-mail
address:
3. Name of person in charge of bioprospecting (if different from permit-
holder):
4. Identify number of permit-holder or person in charge of bioprospecting:
5. If the application was a joint application, names of any other applicants:
6. Contact details of all other applicants:
7. Name and contact details of importer:
8. Nature of permit: This permit authorises the permit holder to use and export
the following indigenous biological resources for the purposes of
bioprospecting , in the quantities specified and to collect the indigenous
biological resources in the areas set out below:
50 No. 30739 GOVERNMENTGAZETE, 8 FEBRUARY 2008
Type of organism
Family, Genus, or Species (Scientific and common name)
Form in which it will be exported
Quantity (Indicate if there are limitations on the quantity of samples)
Point of export
Point of import
Full [ocality data (GIs readings if possible)
9. Duration of permit: This permit is valid until
10. Benefit-sharing agreements and material transfer agreements: This
permit must be read with the following benefit-sharing agreements and
material transfer agreements entered into with stakeholders envisaged in
section 82(1) of the Biodiversity Act.
11. Conditions: This permit is issued subject to the following conditions -
11.I.the permit holder may use the indigenous biological resources for the
following purposes only:
11.2. the permit holder must comply with all other legislative requirements for
the valid export of the indigenous biological resources;
11.3. the permit holder may not transfer the indigenous biological resources
to any third party without the prior informed consent in writing of the
issuing authority in respect of this export permit and then only under a
written agreement containing terms no less restrictive than those which
STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 51
apply to the permit holder in terms of this permit and any agreements
referred to in paragraph 10;
11.4. the permit holder must submit a progress report to the issuing authority
within one year of date of issue of this permit and annually thereafter;
11.5. if new collaborators join the bioprospecting project for which this permit
is being issued, the permit holder must notify the issuing authority in
writing;
11.6. all money due to stakeholders in terms of a benefit-sharing agreement
must be paid into the Bioprospecting Trust Fund, as required by section
85(1) of the Act; and
11.7. the permit-holder will be liable for the costs of mitigating or remedying
the impact of the bioprospecting on the environment, in accordance
with section 28 of the National Environmental Management Act, 107 of
1998: and
11.8. additional conditions may be inserted here
Signed by the Minister of EnvironmentalAffairs and Tourism
Signature
Date
52 No. 30739 GOVERNMENT GAZElTE, 8 FEBRUARY 2008
ANNEXURE 6
EXPORT PERMIT FOR THE PURPOSE OF CONDUCTING RESEARCH
OTHER THAN BIOPROSPECTING
This permit is issued in terms of Regulation 13 of the Regulations on
Bioprospecting, Access and Benefit-Sharing
I.Permit holder's name:
2. Permit holder's physicall postal address, telephone, fax, and e-mail
address:
3. Name of person in charge of bioprospecting (if different from permit
holder):
4. Identify number of permit-holder or person in charge of bioprospecting:
5. If the application was a joint application, names of any other applicants:
6. Contact details of all other applicants:
7. Name and contact details of importer:
8. Nature of permit: This permit authorises the permit holder to export, in the
quantities specified, the following indigenous biological resources for the
purpose of conducting research other than bioprospecting.
/Typeof I organism 1 I
Family, Genus, or species
Form in which it will be exported
Quantity Point Point (Indicate if there are 1 expor import
Full locality data (GIs readings if
STAATSKOERANT, 8 FEBRUARIE 2008 NO.30739 53
9. Duration of permit: This permit is valid until
(Scientific and Common names)
10.Conditions: This permit is issued subject to the following conditions-
10.1. the indigenous biological resources to which the permit relates, may
only be used for the following non-commercial research purposes:
limitations on the quantity of samples)
10.2 the permit-holder must comply with all other legislative requirements for
the collection and export of the indigenous biological resources;
10.3 the indigenous biological resources to which the permit relates may not
be used for bioprospectingpurposes,
t
10.4 the permit-holder will be liable for the costs of mitigating or remedying
the impact of the bioprospecting on the environment, in accordance
with section 28 of the National Environmental Management Act, 107 of
1998;
possible) I
I
10.5 the permit-holder may not transfer the indigenous biological resources
to any third party without the prior informed consent in writinc of the
issuing authority in respect of this export permit and then only under a
written agreement containing terms no less restrictive than those which
apply to the permit holder in terms of this permit. The issuing authority
54 No. 30739 GOVERNMENT GAZETE, 8 FEBRUARY 2008
will not give this consent if the third party intends using the resources
for bioprospecting purposes;
10.6 the permit-holder must submit a progress report to the issuing authority
by or alternatively, within one year of the date of issue of
this permit (delete whichever is not applicable). Thereafter, the permit-
holder must submit progress reports annually, or alternatively by
(delete whichever is not applicable);
10.7 if new collaborators join the research project for which this permit has
been issued, the permit-holder must notify the issuing authority in
writing; and
10.8 additional conditions may be inserted here.
Signed by the Member of the Executive Council responsible for
Environmental Affairs
Signature
Date
~ STAATSKOERANT,8 FEBRUARIE 2008 No. 30739 55
ANNEXURE 7
MATERIALTRANSFER AGREEMENT
Notes:
This agreement must be entered into by an applicant for a permit and any
stakeholders identified in terms of the Regulations who provide or give
access to indigenous biological resources.
If there is more than one stakeholder a separate agreement must be
entered into with each stakeholder.
If insufficient space is provided in this form, additional information may be
included by way of annexures. Alternatively, parties can elect to use their
own forms with sufficient space provided for each Regulation, as long as
those forms follow the general format of this form.
The parties to this agreement must sign the agreement in the space
indicated and must initial every other page of the agreement, including any
annexures.
Parties to the agreement
1. Recipient of indigenous biological resources, if recipient is a juristic
person:
1.1. Name of institution or body:
1.2. Registration no. of institution or body:
1.3. Contact details of institution or body (including postal/physical address,
phone, fax and e-mail address):
1.4. Name of contact person in institution or body (attach a certified copy of ID
document):
56 No. 30739 GOVERNMENT GAZETE, 8 FEBRUARY 2008
1.5. Capacity of contact person:
2. Recipient of indigenous biological resources, if recipient is a natural
person
2.1. Name of recipient:
2.2. Identity number of recipient:
2.3. Contact details of recipient (including postaliphysical address, phone, fax
and e-mail address):
3. Provider of access to indigenous biological resources
3.1. Name:
3.2. Capacity:
3.3. If entering into agreement in a representative capacity, state name of
principal:
3.4. Contact details (includes physical/postal address, telephone, Fax and e-mail
address):
4. Indigenous biological resources
The type, quantity and source of indigenous biological resources to which this
agreement relates are - 11 Type of / Family, Part of Quantity
(LimitationI genus or Full locality 1 data (GIsorganism to
STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 57
/ organism species be collected scientific and common name) (if 1 possible) i
samples)
5. Current uses of the indigenous biological resources -
The present potential uses of the indigenous biological resources to be
collected are the following -
6. Purpose of export (if applicable)
The indigenous biological resources are to be exported for the following
purposes -
7. Third parties
The recipient may only provide any such indigenous biological resources or
their progeny to third parties in terms of the following conditions (fill in detail
below) -
The recipient agrees to take every reasonable precaution to prevent the
identified indigenous biological resources coming into the possession of any
unauthorised third party.
58 No. 30739 GOVERNMENT GAZETTE, 8 FEBRUARY 2008
8. Entire Agreement
This agreement constitutes the entire agreement between the parties in
regard to the subject matter of this agreement and no addition to, variation or
cancellation of this agreement or waiver of any rights under this agreement
will be of any force or effect unless reduced to writing and signed by the
parties to this agreement.
Signature of a applicant for permit: Date:
Capacity of signatory:
On behalf of:
Signature of access provider of resource: Date:
Capacity of signatory:
On behalf of:
Approved by the Minister of Environmental Affairs and Tourism
Signature
Date
1 STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 59 I
ANNEXURE 8 I
BENEFIT-SHARING AGREEMENT
Notes:
This agreement must be entered into by an applicant for a permit and any
stakeholders identified in terms of the Act and the Regulations.
If there is more than one stakeholder a separate agreement must be entered
into with each stakeholder.
If insufficient space is provided in this form, additional information may be
included by way of annexures. Alternatively, parties can elect to use their
own forms with sufficient space provided for each regulation, as long as those
forms follow the general format of this form.
The parties to this agreement must sign the agreement in the space indicated
and must initial every other page of the agreement, including any annexures.
I. Applicant for permit if applicant is a juristic body
1.I. Name of institution or body:
1.2.Registration number of institution or body:
1.3. Contact details of institution or body (including postal/physical address,
phone, fax and e-mail address):
--- -
1.4.Name of contact person in institution or body:
I.5. Capacity of contact person:
60 No. 30739 GOVERNMENT GAZElTE, 8 FEBRUARY 2008
2. Applicant for a permit if applicant is a natural person
2.1. Name of applicant:
2.2. Identity number of applicant:
2.3. Contact details of recipient (including postal/physical address, phone, fax
and e-mail address):
3. Provider of access to indigenous biological resources (if applicable)
3.1. Name:
3.2. Capacity:
3.3. If entering into agreement in a representative capacity, state name of
principal:
3.4. Contact details (includes physical/postal address, telephone, Fax and e-mail
address):
4. Indigenous community (if applicable)
4.1. Description of indigenous community:
4.2. Name of indigenous community representative who will sign this agreement
on behalf of the indigenous community:
4.3. Capacity.
4.4. Contact details (includes physical/postal address, telephone, fax and e-mail
address) of the indigenous community representative:
STAATSKOERANT,8 FEBRUARlE 2008 No. 30739 61
A resolution adopted by the indigenous community must be attached to this
form. The resolution must confirm that the indigenous community
representative indicated above has been authorised to enter into this
agreement on behalf of the indigenous community; that the indigenous
community has full knowledge of the bioprospecting project; and that it
consents to entering into this benefit-sharing agreement.
5. Type and quantity of indigenous biological resources
This agreement concerns the following indigenous biological resources -
(specify below type of resources, quantity of resources and area or source
from which the resources are to be collected or obtained)
Type of organism
Family, genus or species (if possible)
(scientific and
common
names)
Part of organism to be collected
Quantity (Limitation on the quantity of samples)
Full locality data (GIs readings if possible)
6. Current uses of indigenous biological resources
The present potential uses of the indigenous biological resources to be
collected are the following -
7. Intended use of indigenous biological resources
62 No. 30739 GOVERNMENT GAZETTE, 8 FEBRUARY 2008
The manner in which and the extent to which the indigenous biological
resources are to be used or exploited for purposes of the bioprospecting are
(set out details) -
8. Traditional use or knowledge (if applicable)
The indigenous community that is a party to this agreement has the following
traditional knowledge of the indigenous biological resources or has
traditionally used the indigenous biological resources in the following way -
9. Sharing in benefits
Benefits will vary considerably from case to case and in particular, benefits
will vary depending on whether the stakeholder is providing access to the
indigenous biological resources or is an indigenous community. The lists
below provide examples of monetary and non-monetary benefits that may
arise from bioprospecting projects. This first list is more relevant if the
stakeholder to this agreement is providing or giving access to the indigenous
biological resources while the second list is more relevant if the stakeholder
to this agreement is an indigenous community. Tick each block that applies to
this agreement and identify below who will be the beneficiary of each benefit
and the extent of the benefit (provide supporting documentation where
necessary).
To be completed if stakeholder is providing or giving access to the
indigenous biological resources
STAATSKOERANT, 8 FEBRUARIE 2008 No. 30739 63
Non-monetary, monetary and 'in kind' benefits
Acknowledgement of parties 1 giving access to resources I Research results and copies of
papers
Support for conservation
Species inventories
Student training and support---I- Scientific capacity development
Technology transfer
Joint Research
Information I Equipment and infrastructure I Other (specify)
Other (specify)
Voucher specimens with
national institutions
Participation of South Africans in
research
Access to international
collections by South Africans
Recognition and promotion of
traditional knowledge1use
Community development
projects
Environmental education
Fees
Royalties
Upfront payments
Milestone payments
Other financial benefits (specify)
Other (specify)
To be completed if stakeholder is an indigenous community
64 No. 30739 GOVERNMENT GAZETTE, 8 FEBRUARY 2008
Non-monetary, monetary and 'in kind' benefits
Ongoing communication of bio-
prospecting objectives, methods and
findings, translated into local
languages
Simplified and popularised posters,
manuals, pamphlets and other
documents translated into local
languages
Co-authorship of publications
Access to research data
Copies of photographs and slides
Inclusion in the research of local
collaborators, assistants, guides and
informants
Training of local people as
appropriate in relevant scientific,
legal and management issues
Equipment and infrastructure support
Co-ownership of any intellectual
property rights
Other (specify)
Copies of proposals, reports
and publications
Recognition and promotion of
traditional knowledgeluse
Lodging of specimens
Grants for development and
environmental education
projects
Fees (eg for consultation,
assistants, guides, use of
facilities and infrastructure)
Royalties
Upfront payments
Milestone payments
Other financial benefits
(specify)
Other (specify)
STAATSKOERANT,8 FEBRUARIE 2008 No. 30739 65
10. Payment of benefits
All money arising out of this agreement and due to any party to this
agreement must be paid into the Bioprospecting Trust Fund.
11. Review of agreement
This agreement will be reviewed every (fill in agreed
timeframe), with a view to amending the agreement if necessary. One
month prior to every review, the permit holder must disclose any new material
information with regard to the bioprospecting to all stakeholders to enable
stakeholders to participate in the review from an informed basis.
Any other matters or conditions which the parties to this agreement wish to
record may be attached to this agreement as an annexure.
A copy of this agreement must be lodged with the Director-General of the
Department of Environmental Affairs and Tourism within one month of the
agreement being concluded.
This agreement constitutes the entire agreement between the parties in
regard to the subject matter of this agreement and no addition to, variation or
cancellation of this agreement or waiver of any rights under this agreement
will be of any force or effect unless reduced to writing and signed by the
parties to this agreement.
Signature of applicant for permit: Date:
Capacity of signatory:
66 No. 30739 GOVERNMENT GAZETTE, 8 FEBRUARY 2008
On behalf of:
Endorsement of a juristic body, if applicable
Name of juristic body:
Signature of duly authorised officer from the juristic body:
Date:
Signature of access provider of indigenous biological resource:
Date:
Capacity of signatory:
On behalf of:
Signature of indigenous community representative:
Date:
Capacity of signatory:
On behalf of:
Approved by the Minister of Environmental Affairs and Tourism
Signature
Date