Malaysia legislation

Section 22

of ACCESS TO BIOLOGICAL RESOURCES AND BENEFIT SHARING ACT 2017

Section 22

(2)

A benefit sharing agreement shall be based upon mutually agreed terms and provide for fair and equitable benefit sharing.

(3)

Where the Federal Government or State Authority is not the resource provider under subsection (1), it may require the applicant to pay a percentage of any monetary benefits derived under the benefit sharing agreement as it may determine.

(4)

Any such monetary benefits shall be deposited into a fund as may be established by the Federal Government or State

Government.

(5)

The Competent Authority shall use any payment or any part of the payment received under this Part towards the conservation of biodiversity and the sustainable use of its components and for such other incidental expenses.

Requirement for prior informed consent and mutually agreed terms, etc.

Section 22 — ACCESS TO BIOLOGICAL RESOURCES AND BENEFIT SHARING ACT 2017