Malaysia legislation
Section 60
of ACCESS TO BIOLOGICAL RESOURCES AND BENEFIT SHARING ACT 2017
Section 60
Power to exempt
(a)
a specific biological resource or a specific collection of biological resources, including future additions to the collection and for such purpose as the Minister may specify, if—
(i)
the resource is held as a specimen away from its natural environment, whether in a collection or otherwise, by a government department or agency and the access to the biological resource is administered by the said department or agency in a manner consistent with the objective of this
Act;
(ii)
there is a request in writing by the government department or agency holding the biological resource in accordance with subparagraph (1)(a)(i);
or
(iii)
there are existing exchange and use practices that provides for access and benefit sharing of biological resource consistent with the objective of this Act; and
(b)
any person or class of persons or any biological resource, including any use of a biological resource, upon recommendation of the relevant Competent Authority and in consultation with the National Competent Authority and the relevant advisory body established under subsection 9(2) where the interest of indigenous community and local community may be affected, subject to such terms and conditions as the Minister thinks fit to impose.
(2)
The Minister may prescribe different procedures in respect of a specified biological resource or a specified collection of biological resource to promote the conservation of biodiversity.
Access to Biological Resources and Benefit Sharing 51
(3)
The Minister shall obtain the consent of the relevant State
Authority before making any exemption under paragraph (1)(a)
where the biological resource is within the jurisdiction of that particular State Authority.
(4)
The Minister may, upon recommendation of the relevant
Competent Authority and in consultation with the National
Competent Authority and the relevant advisory body established under subsection 9(2) where the interest of indigenous community and local community may be affected, revoke any order made under subsection (1) if he satisfied that such exemption should no longer be granted.
Power to amend Schedules