Malaysia legislation

Section 13

of ACCESS TO BIOLOGICAL RESOURCES AND BENEFIT SHARING ACT 2017

Section 13

(2)

Upon issuance of the permit under subsection (1), there shall be no change of use in relation to the biological resource as specified in the permit except upon a fresh application being made and a permit issued under this section.

(3)

The Competent Authority may at any time after issuing a permit under subsection (1)—

(a)

impose any additional condition on the permit as it thinks necessary or expedient; or

(b)

amend or revoke any condition imposed on the permit.

(4)

Where the Competent Authority invokes subsection (3), the Competent Authority shall give the permit holder a written notice of its intention to do so and opportunity to make written representations within the period specified in the notice.

(5)

After the expiry of the period specified in the notice, and after considering any representation made by the permit holder, the Competent Authority shall decide whether to impose, vary or revoke any condition under subsection (3).

(6)

The Competent Authority shall give the permit holder a written notice of its decision under subsection (5) as soon as practicable and the decision shall take effect on a date specified in the written notice.

(7)

Any person who contravenes subsection (2) or any condition imposed on the permit under subsection (3) commits an offence and shall, on conviction, be liable—

(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.

Act 795

Permit for commercial or potential commercial purpose not transferable