Exchange Control Amnesty and Amendment of Taxation Laws Act, 200
R 385
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 3 : Issuing of permits and content of permits13. Export permit for research other than bioprospecting |
| (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; |
| (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. |
