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ABS Procedure
(PRO)
last updated: 23 Feb 2020
Commercial use
EN
Organization:Department of Environmental Affairs (DEA)Ms Nosipho NgcabaDirector-General, Department of Environmental Affairs473 Steve Biko Road, ArcadiaPretoria, Gauteng Province
0001,Phone: +2712 399 9611,Fax: +2712 359 3625,Email: BABS@environment.gov.za,Website: http://www.environment.gov.za,
A permit or notification in terms of the Act may only be issued to or submitted by:
(a)a juristic person registered in terms of South African law;
(b) a natural person, who is a South African citizen or a permanent resident of South Africa; or
(c) a juristic person that is not registered in terms of South African law or a natural person who is not a South African citizen or a permanent resident of South Africa, if that juristic person or foreign national applies jointly with a juristic or natural person referred to in paragraphs (a) or (b) above.
(a) Source documents from https://www.environment.gov.za/documents/forms
(b) Select & complete relevant Annexes to your project (Annexure 11, 12, & 13).
(b) Select & complete relevant Annexes to your project (Annexure 11, 12, & 13).
(c) Attach the signed permit application form (Annexure 5), BSA(s) (Annexure 12) & MTA (s) (Annexure 11) Community Resolution(s) (Annexure 13).
(d) Attach project summary/ background
(e) Contact DEFF officials for assistance in completing the application form, where necessary.
(e) Contact DEFF officials for assistance in completing the application form, where necessary.
(f) Pay the non-refundable permit application fee as prescribed in Annexure 4.
(g) Submit permit application documentation to DEFF via email, courier or hand delivery
(h) Recieve acknowledgement letter with the reference number from the DEFF for future inquiries
Yes
(a) Recently certified(not longer than 3 months) ID copy or passport of the permit applicant, Project Leader or the duly authorised person of juristic body
(b) Proof of payment of the non-refundable application fee
(b) Proof of payment of the non-refundable application fee
- ANNEXURE 5 APPLICATION FOR A BIOPROSPECTING PERMIT OR BIOTRADE PERMIT OR INTEGRATED BIOTRADE AND BIOPROSPECTING PERMIT-19 MAY 2015.docx
- ANNEXURE 4 NON REFUNDABLE FEES FOR PERMIT APPLICATIONS- 19 MAY 2015.docx
- ANNEXURE 11 MATERIAL TRANSFER AGREEMENT-19 MAY 2015.docx
- ANNEXURE 12 BENEFIT SHARING AGREEMENT-19 MAY 2015.docx
- ANNEXURE 13 COMMUNITY RESOLUTION-19 MAY 2015.docx
Organization:Department of Environmental Affairs (DEA)Ms Nosipho NgcabaDirector-General, Department of Environmental Affairs473 Steve Biko Road, ArcadiaPretoria, Gauteng Province
0001,Phone: +2712 399 9611,Fax: +2712 359 3625,Email: BABS@environment.gov.za,Website: http://www.environment.gov.za,
Yes
Non-refundable permit application fee (refer to annexure 4)
- Non-commercial research: R200.00
- Export Discovery Phase: R100.00
- Bioprospecting: R500.00-R 7 500.00
- Biotrade: R500.00-R7000.00
- Integrated Biotrade & Bioprospecting: R500.00-R8 000.00
120 days
ABSCH-MSR-ZA-202222-1
Legislative, Administrative or Policy Measure
Regulations on Bio-Prospecting, Access and Benefit-Sharing
ABSCH-MSR-ZA-202223-1
Legislative, Administrative or Policy Measure
National Environmental Management: Biodiversity Act 2004
To provide for the management and conservation of South Africa's biodiversity within the framework of the National Environmental Management Act, 1998; the protection of species and ecosystem that warrant national protection; the sustainable use of indigenous biological resources; the fair and equitable sharing of benefits arising from bioprospecting involving indigenous biological resources and the establishment and functions of a South African National Biodiversity Institute.
ABSCH-MSR-ZA-202221-1
Legislative, Administrative or Policy Measure
Patents Amendment No. 25 of 2005.
Published in Vol 486 of Government Gazzete. Latest amendment to the Patent Act No. 57 of 1978, which entered into force in 1st. January 1979
- Access to genetic resources (Article 15 of the CBD)
- For commercial use
- Benefit-Sharing
- Compliance with domestic legislation or regulatory requirements of the other Party (Article 15 and 16)
- Traditional knowledge associated with genetic resources
- ABS legislative, administrative or policy measures
- Commercial purpose
- All types of genetic resources
- Users of genetic resources
EN
