Malaysia legislation
Section 8
of ACCESS TO BIOLOGICAL RESOURCES AND BENEFIT SHARING ACT 2017
Section 8
Access to Biological Resources and Benefit Sharing 15
The National Competent Authority shall have the following functions:
(a)
to coordinate the implementation and enforcement of the provisions of this Act by the Competent Authorities;
(b)
to determine the fees payable upon consultation with the
Competent Authorities;
(c)
to communicate with other countries and the secretariat established under any treaty, agreement, convention or protocol relating to access and benefit sharing in relation to a biological resource, as appropriate, on matters under this Act;
(d)
to implement and to fulfill the requirements under any treaty, agreement, convention or protocol relating to access and benefit sharing in relation to a biological resource to which Malaysia is a party where such treaty, agreement, convention or protocol relates to the purposes of this Act;
(e)
to create awareness and to provide training, education and information relating to access and benefit sharing in relation to a biological resource;
(f)
to keep and maintain a register of permits issued by the
Competent Authorities and information relating to the permit;
Act 795
(g)
to establish measures under subsection 30(1) with the aim of monitoring and tracking of a biological resource or traditional knowledge associated with a biological resource accessed;
(h)
to support customary laws and practices of indigenous community and local community, and the development of community protocols and procedures by the indigenous community and local community, as the case may be;
(i)
to establish and maintain a clearing house mechanism under section 32;
(j)
to act as Competent Authority for all ex-situ collections where the origin of the biological resource cannot be ascertained with due diligence and which do not come within the jurisdiction of any other Competent Authority;
and
(k)
to do such other things as it deems fit to enable it to perform its functions effectively or which are incidental to the performance of its functions.
Competent Authorities