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

Regulations

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

Chapter 2 : Permit system for Bioprospecting and Exporting Indigenous Biological Resources

Part 1 : Issuing authorities

7. Powers and duties of issuing authorities

 

(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
(b) the  relevant  activity  will  not  deplete  an  indigenous  biological  resource beyond a level where its integrity is jeopardised.

 

(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.

 

(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.