Public comments sought on bio-prospecting regulations

Edna Molewa says public comments on the new BABS regulations are sought. Image: GCIS

The amended regulations were published on 17 February, in Gazette No. 37331. The draft is in terms of the National Environmental Management: Biodiversity Act (NEMBA), 2004 (Act No. 10 of 2004).

These amendments were introduced in the BABS Regulations, were first published for implementation in 2008.

Following the 2008 regulations, further implementation the National Environmental Laws Amendment Act (NELAA), 2009 (Act No. 14 of 2009) was published in May 2009 and was followed by the National Environmental Laws Amendment, 2013 (Act No. 14 of 2013), which incorporates amendments to Chapter 6 of NEMBA.

The noted key amendments in the draft regulations are: the differentiation between bio-prospecting and biotrade activities; timeframes for the permit application process and differentiation of the permits.

Sector specific

"It is proposed that the requirements be sector specific, in particular on the required agreements and reporting. There are also changes in terms of the issuing authority's responsibilities to provide support to the applicants.

"To make it less challenging, the procedure for Prior Informed Consent (PIC) has been simplified and there will be structured fees based on annual turnover of different regulated sectors," Molewa said.

She added that the experiences gained in the past five years since the implementation of the regulations have helped to identify a number of gaps and limiting provisions, which require review and substantial amendment in order to achieve the objectives of the regulations.

"These include concerns, often raised by stakeholders, on some of the legislative provisions. These developments have resulted in an extensive stakeholder consultation process to develop draft BABS amendment regulations to close the gaps and limitations identified," the Molewa added.

Written comments can be submitted to the minister either by hand, mail, email or telefax within 30 days of publication of the notice. Post to: The Director- General: Environmental Affairs, Attention: Acting Director: Bio-prospecting and Bio-economy, Private Bag X447, Pretoria, 0001.

Fax to 086 530 9607, and by email to BABS@environment.gov.za.

Contact persons: Lactitia Tshitwamulomoni at (012) 310 3986 or Ntambudzeni Nepfumembe at (012) 310 3065

To access the Gazette notice, click on the link Draft Regulations