Regional or National Measures

South Africa
ABS Measures
  • National Environmental Management: Biodiversity Act 2004
  • Patents Amendment No. 25 of 2005.
  • Regulations on Bio-Prospecting, Access and Benefit-Sharing
  • South Africa's Bioprospecting, Access and Benefit-sharing Regulatory Framework: Guidelines for Providers, Users and Regulators.
  • Main ABS Elements

    ABS Element
    Official Title of the Measure
    Description Relevant articles and sections
    Competent National Authority
    National Environmental Management: Biodiversity Act 2004
    Definition of competent authority Art. 1
    Regulations on Bio-Prospecting, Access and Benefit-Sharing
    Permit issuing authority Art. 6
    Scope
    National Environmental Management: Biodiversity Act 2004
    Application of act Art. 4, 80
    Regulations on Bio-Prospecting, Access and Benefit-Sharing
    Application of regulations Art. 3
    Prior Informed Consent (PIC) Procedures
    National Environmental Management: Biodiversity Act 2004
    Permit application Art. 81
    Regulations on Bio-Prospecting, Access and Benefit-Sharing
    Application for permits (fees) Art. 9-10, Annexure 1.1, Annexure 2 (Part 1)
    Mutually Agreed Terms (MATs)
    National Environmental Management: Biodiversity Act 2004
    Benefit-sharing Art. 83
    Material transfer agreement Art. 84
    Terms for permit Art. 82
    Regulations on Bio-Prospecting, Access and Benefit-Sharing
    Benefit-sharing Art. 17, Annexure 8
    Duty of permit holders Art. 18
    Export permit for research other than bioprospecting (fees) Art. 13, Annexure 1.3, 3, 6
    Integrated export and bioprospecting permit (fees) Art. 12, Annexure 1.2, 2 (Part 2), 5
    Material transfer agreements Art. 16, Anexure 7
    Terms for bioprospecting and other research Art. 4-5
    Terms of agreement for permit Art. 11, Annexure 4
    Compliance Mechanisms
    National Environmental Management: Biodiversity Act 2004
    Cancellation of permits Art. 93
    Offences and penalties Art. 101-102
    Regulations on Bio-Prospecting, Access and Benefit-Sharing
    Offences and penalties Art. 20-21
    Traditional Knowledge Associated to Genetic Resources
    National Environmental Management: Biodiversity Act 2004
    Traditional use Art. 83 (1)(b)(iv)
    Other
    National Environmental Management: Biodiversity Act 2004
    Exemptions Art. 86
    Patents Amendment No. 25 of 2005.
    Disclosure of origin in patent applications Sec. 2 (amending Sec. 30)
    Regulations on Bio-Prospecting, Access and Benefit-Sharing
    Exemptions (activities related to indigenous biological resources) No. R. 149 Schedule 1-2
    Transitional provisions (bioprospecting commenced prior to regulations) Art. 22

    • United Nations
    • United Nations Environment Programme