South Africa's Bioprospecting, Access and Benefit-Sharing ...

identify how to assess whether there has been prior informed consent; and
explain resource sustainability considerations that need to be integrated into decision-making.
4.2 Distinguishing between different activities,
permits and issuing authorities
The first thing that officials need to consider when receiving an application is the type of activity being
proposed, and therefore the type of permit that is required. TABLE 2 gives an overview of permit
requirements for bioprospecting and research. There are normally two phases to a bioprospecting project
– the discovery phase and the commercialisation phase. These phases are defined in the Biodiversity Act
and the BABS Regulations (see Glossary, APPENDIX 2). A 2009 amendment to the Biodiversity Act requires
those involved in the discovery phase to notify the Minister of these activities but no longer requires a
permit to be obtained.
The utilisation of indigenous biological resources is regulated as follows:
If bioprospecting is in the discovery phase it is necessary to notify the Minister of Water and
Environmental Affairs but no permit is required.
The export of indigenous biological resources for the discovery phase of bioprospecting is
covered by the BABS Regulations and an integrated export and bioprospecting permit (issued by
DEA) is required.
If the activity is in the commercialisation phase of bioprospecting, a bioprospecting permit
is required. A permit will still be required from the relevant provincial authority or authority with
jurisdiction before the harvesting or collection of indigenous biological resources is allowed.
If there is intended export of indigenous biological resources for the commercialisation phase of
bioprospecting, DEA is the issuing authority and an integrated export and bioprospecting permit
is required. A permit will still be required from the relevant provincial authority or authority with
jurisdiction before the harvesting or collection of indigenous biological resources is allowed.
Research other than bioprospecting only requires a permit under the BABS framework if it is being
exported. The relevant MEC is the issuing authority for these export permits. Applicants will also still
need a collection and/or research permit from the relevant provincial authority depending on the
provincial legislative requirements. A listed Threatened or Protected Species (TOPS) or a CITES-listed
species may be exported with an integrated BABS/CITES or BABS/TOPS export permit, or separate
BABS/TOPS/CITES permits.
Guidelines for regulators
SECTION 4
Harpagophytum procumbens in flower Source: Ulrich Feiter
Pelargonium sidoides flower Source: Ulrich Feiter
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