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Section 33

Posting and confidential information

of Access to Biological Resources and Benefit Sharing Act 2017

ActIn forceProvision 33 of 63
Section 33
(1)

A copy of the permit including the information in the permit sent to the National Competent Authority under this Act shall, at the same time, be posted on the website of the clearing house mechanism by any authorized person.

Act 795

(2)

The information under subsection (1) shall not be posted if it is classified as confidential as determined by the relevant

Competent Authority.

(3)

For the purposes of subsection (2), information is classified to be confidential if—

(a)

it is culturally sensitive; or

(b)

disclosed, it may—

(i)

damage a person’s commercial interests;

(ii)

result in a risk to the biodiversity; or

(iii)

be detrimental to the national interest.

(4)

Any determination as to confidentiality under subparagraph (3)(b)(i) shall be made upon the application of the applicant.