Malaysia legislation
Section 63
of ACCESS TO BIOLOGICAL RESOURCES AND BENEFIT SHARING ACT 2017
Section 63
(2)
Pending the determination of such application, such person may continue accessing the biological resource or traditional knowledge associated with a biological resource.
(3)
After the date of the coming into operation of this Act, any person who is in possession of a biological resource or traditional knowledge associated with the biological resource in respect of which this Act would apply and there is no benefit sharing agreement entered, shall enter into such agreement with the resource provider if—
(a)
there is a new use of the biological resource or traditional knowledge associated with the biological resource; or
(b)
there is development of a new product arising from the biological resource or traditional knowledge associated with the biological resource.
(4)
Upon the conclusion of the benefit sharing agreement under subsection (3), the Competent Authority shall issue a permit under section 12 for access of the biological resource or traditional knowledge associated with the biological resource.
Act 795
First Schedule
[Subsection 9(1)]
COMPETENT AUTHORITIES
Competent Authority
Biological Resource
Region
Ministry of Federal Territories
All covered under this Act
Federal Territories of
Kuala Lumpur, Labuan and Putrajaya
Johor State Economic Planning
Unit
All covered under this Act
Johore
Kedah State Economic
Planning Unit
All covered under this Act
Kedah
Kelantan State Economic
Planning Unit
All covered under this Act
Kelantan
Melaka State Economic
Planning Unit
All covered under this Act
Malacca
Negeri Sembilan State Forestry
Department
All covered under this Act
Negeri Sembilan
Pahang State Economic
Planning Division
All covered under this Act
Pahang
Penang State Economic
Planning Unit
All covered under this Act
Penang
Perak State Economic
Planning Unit
All covered under this Act
Perak
Perlis State Economic Planning
Unit
All covered under this Act
Perlis
Selangor State Economic
Planning Unit
All covered under this Act
Selangor
Terengganu State Economic
Planning Unit
All covered under this Act
Terengganu
Sabah Biodiversity Council
All covered under this Act
Sabah
Ministry of Urban Development and Natural Resources
All covered under this Act
Sarawak
Access to Biological Resources and Benefit Sharing 55
Second Schedule
[Subsection 15(1)]
Form 1
STATUTORY DECLARATION
APPLICATION FOR A PERMIT FOR NON-COMMERCIAL PURPOSE
I ………………… [name of applicant] (NRIC No./Passport No. ………………)
of ……………………………… [address] solemnly and sincerely declare the following: