Malaysia legislation
Section 62
of ACCESS TO BIOLOGICAL RESOURCES AND BENEFIT SHARING ACT 2017
Section 62
(2)
Without prejudice to the generality of subsection (1), regulations may be made for the following purposes:
(a)
to prescribe the manner of applying for access to a biological resource and traditional knowledge associated with a biological resource under this Act, the particulars to be supplied by an applicant, the duration, terms, conditions and restrictions to be impose upon issuance of a permit;
(b)
to prescribe the terms and conditions for access to a biological resource and traditional knowledge associated with a biological resource under paragraphs 18(a) and
(b)
;
Act 795
(c)
to provide for special procedures for a specified biological resource or a specified collection of biological resource to advance conservation of biodiversity;
(d)
to provide for standard procedures or codes for access and benefit sharing for biological resources generally or specified biological resource or collections of biological resource and traditional knowledge associated with a biological resource;
(e)
to prescribe the manner for access to a biological resource and traditional knowledge associated with a biological resource by an authorized intermediary;
(f)
to provide for the cancellation of the permit;
(g)
to provide for matters relating to fees and charges;
(h)
to provide the procedure for appeals;
(i)
to provide for the composition, allowances, procedures and incidental matters relating to the establishment and conduct of the advisory body, committee and Advisory
Committee;
(j)
to provide for the minimum terms for a benefit sharing agreement;
(k)
to provide the measures aimed at preventing the use within Malaysia, of a biological resource or traditional knowledge associated with a biological resource, which is not accompanied by a permit or its equivalent and evidence that mutually agreed terms have been established;
(l)
to provide the measures for the purpose of monitoring and tracking the biological resource accessed;
(m)
to provide the essential elements for obtaining the prior informed consent of the indigenous community and local community; and
(n)
to provide for such other matters as are contemplated by, or necessary for giving full effect to, the provisions of this Act and for their due administration.
Access to Biological Resources and Benefit Sharing 53
(3)
The regulations made under subsection (1) may prescribe any act in contravention of the regulations to be an offence and may prescribe penalties—
(a)
where such person is an individual, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both; or
(b)
where such person is a body corporate, to a fine not exceeding five hundred thousand ringgit.
Transitional provisions