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

Chapter 6 : Bioprospecting, Access and Benefit-Sharing

80. Purpose and application of Chapter

 

(1) The purpose of this Chapter is—
(a) to regulate bioprospecting involving indigenous biological resources;
(b) to regulate the export from the Republic of indigenous biological resources for the purpose of bioprospecting or any other kind of research; and
(c) to provide for a fair and equitable sharing by stakeholders in benefits arising from bioprospecting involving indigenous biological resources;
(d) to ensure that the nation‘s indigenous genetic and biological resources are developed and utilized in an ecologically sustainable manner while promoting social and economic development, in particular in the areas where the indigenous genetic or biological resources and associated traditional knowledge is accessed.

[Section 80(1) substituted by section 19 of Act No. 14 of 2013]

 

(2) In this Chapter—

 

"indigenous biological resources"—

(a) includes—
(i) any indigenous biological resources as defined in paragraph (b) of the definition of “indigenous biological resource” in section 1, whether gathered from the wild or accessed from any other source, including any animals, plants or other organisms of an indigenous species cultivated, bred or kept in captivity or cultivated or altered in any way by means of biotechnology;
(ii) any cultivar, variety, strain, derivative, hybrid or fertile version of any indigenous species or of any animals, plants or other organisms referred to in subparagraph (i); and
(iii) any exotic animals, plants or other organisms, whether gathered from the wild or accessed from any other source which, through the use of biotechnology, have been altered with any genetic material or chemical compound found in any indigenous species or any animals, plants or other organisms referred to in subparagraph (i) or (ii); but
(b) excludes—
(i) genetic material of human origin;
(ii) any exotic animals, plants or other organisms, other than exotic animals, plants or other organisms referred to in paragraph (a)(iii); and
(iii) indigenous biological resources listed in terms of the International Treaty on Plant Genetic Resources for Food and Agriculture.

 

[Section 80 commenced 1 January 2006 (Proclamation No. R. 47, Gazette No. 268870]