2.5 South Africa: Objective and Scope

The objectives of the South African Biodiversity legislation are stated in section 2 of the National Environmental Management: Biodiversity Act, 2004. These include within the framework of the National Environmental Management Act, to provide for:

1. the management and conservation of biological diversity within South Africa and the components of such biological diversity;
2. the use of indigenous biological resources in a sustainable manner; and
3. the fair and equitable sharing among stakeholders of benefits arising fro bioprospecting involving indigenous biological resources;
4. to give effect to‘ ratified international agreements relating to biodiversity and conservation;
5. to provide for co-operative governance in biodiversity management and conservation; and
6. to provide for a South African National Biodiversity Institute to assist in achieving the objectives of the Act.

The scope and application of the legislation is defined in section 3 of the National Environment: Biodiversity Act, 2004 (Bioprospecting, Access and Benefit Sharing) Regulations. In that section, it is provided that the regulations apply to:

1. The discovery phase and/or commercialisation phase of a bioprospecting project;
2. The export from the republic ( South Africa) of any indigenous biological resources for the purpose of bioprospecting; and
3. The export from the Republic (South Africa) of any indigenous biological resources for any other kind of research.

Next section: 3.1. Access Pre-conditions and Requirements