REGULATIONS ON BIOPROSPECTING, ACCESS AND BENEFIT SHARING

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REGULATIONS ON BIO-PROSPECTING, ACCESS AND
BENEFIT SHARING
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NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998

• NATIONAL ENVIRONMENTAL MANAGEMENT PRINCIPLES
• (1) The principles set out in this section apply
  throughout the Republic to the actions of all
  organs of state that may significantly affect the
  environment and-
• (a) shall apply alongside all other appropriate
  and relevant considerations, including the
  State's responsibility to respect, protect,
  promote and fulfil the social and economic rights
  in Chapter 2 of the Constitution and in
  particular the basic needs of categories of
  persons disadvantaged by unfair discrimination
• (c) serve as guidelines by reference to which
  any organ of state must exercise any function
  when taking any decision in terms of this Act or
  any statutory provision concerning the protection
  of the environment

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NATIONAL ENVIRONMENTAL MANAGEMENT PRINCIPLES
(continued)

• (2) Environmental management must place
  people and their needs at the forefront of its
  concern, and serve their physical, psychological,
  developmental, cultural and social interests
  equitably.
• (3) Development must be socially,
  environmentally and economically sustainable.

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NATIONAL ENVIRONMENTAL MANAGEMENT PRINCIPLES
(continued)

• (4) (a) Sustainable development requires that the
  disturbance of landscapes and sites that
  constitute the nation's cultural heritage is
  avoided, or where it cannot be altogether
  avoided, is minimised and remedied
• (c) Environmental justice must be pursued so
  that adverse environmental impacts shall not be
  distributed in such a manner as to unfairly
  discriminate against any person, particularly
  vulnerable and disadvantaged persons.
• (d) Equitable access to environmental resources,
  benefits and services to meet basic human needs
  and ensure human well-being must be pursued and
  special measures may be taken to ensure access
  thereto by categories of persons disadvantaged by
  unfair discrimination.

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NATIONAL ENVIRONMENTAL MANAGEMENT PRINCIPLES
(continued)

• (g) Decisions must take into account the
  interests, needs and values of all interested and
  affected parties, and this includes recognising
  all forms of knowledge, including traditional and
  ordinary knowledge.
• (h) Community wellbeing and empowerment must be
  promoted through environmental education, the
  raising of environmental awareness, the sharing
  of knowledge and experience and other appropriate
  means.

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NATIONAL ENVIRONMENTAL MANAGEMENT PRINCIPLES
(continued)

• (o) The environment is held in public trust for
  the people, the beneficial use of environmental
  resources must serve the public interest and the
  environment must be protected as the people's
  common heritage.

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NEM Biodiversity Act, 2004

• The objectives of this Act are-
• (a) within the framework of the National
  Environmental Management Act, to provide for-
• (ii) the use of indigenous biological
  resources in a sustainable manner and
• (iii) the fair and equitable sharing among
  stakeholders of benefits arising from
  bioprospecting involving indigenous biological
  resources

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Section 97(1)(e)

• The Minister may make regulations relating to
• (e) (i) the designation of organs of state that
  may be issuing authorities for permits referred
  to in section 81
• (ii) the form and contents of, and the
  requirements and criteria for, benefit-sharing
  agreements and material transfer agreements
• (iii) moneys payable in connection with
  benefit-sharing agreements and material transfer
  agreements and
• (iv) the administration of the Bioprospecting
  Trust Fund

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BIOPROSPECTING, ACCESS AND BENEFIT-SHARING
REGULATIONS, 2008Published underGN R138 in GG
30739 of 8 February 2008with effect from 1
April 2008

• 6 Designation of issuing authorities
• 11 Bioprospecting permits
• 16 Material transfer agreements
• 17 Benefit-sharing agreements

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Issuing Authority

• (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.

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Bioprospecting permit

• (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.

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Material Transfer Agreements

• specify-
• (i) particulars of the provider, and the exporter
  or recipient
• (ii) the type of indigenous biological resources
• (iii) the area or source
• (iv) the quantity
• (v) the purpose for which such indigenous
  biological resources are to be exported
• (vi) the present potential uses of the indigenous
  biological resources and
• (vii) conditions under which the recipient may
  provide any such indigenous biological resources,
  or their progeny, to a third party.

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Benefit Sharing Agreements

• specify-
• the type of indigenous biological resources
• the area or source
• the quantity
• any traditional uses and
• the present potential uses
• name the parties to the benefit-sharing
  agreement
• set out the manner in which and the extent to
  which the indigenous biological resources are to
  be utilised or exploited for purposes of such
  bioprospecting
• set out the manner in which and the extent to
  which the stakeholder will share in any benefits
  that may arise from such bioprospecting

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Thank you

• vbeukes_at_deat.gov.za