Section 2

whether directly or indirectly; or

whether orally, in writing, diagrammatically, pictorially, by the use of symbols or photographs, or in any combination thereof;

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“animal” includes –

any mammal (other than man), bird, reptile, amphibian, arthropod, or other vertebrate or invertebrate, whether alive or dead, and the egg, young or immature from derived from them;

any readily recognisable part or derivative of an animal;

wildlife as defined under the Wildlife Conservation Enactment 1997 [No.6 of 1997];

fish as defined in the Fisheries Act 1985 [Act 317]; and

marine and other aquatic ecosystem life forms;

"biodiversity" means biological diversity, being the variability among living organisms from all sources, including plant and animal, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part of, and the diversity within species, between species and ecosystems, and includes biological resources or traditional knowledge associated with biological resources;

"Biodiversity Centre" means the Sabah Biodiversity Centre established under section 9;

“biological diversity” means the variability among living organism from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; includes diversity within species, between species and of ecosystems;

"biological resources" includes-

the genetic resources, organisms, microorganisms, derivatives and parts of the genetic resources, organisms, microorganisms or derivatives;

the populations and any other biotic component of an ecosystem with actual or potential use or value for humanity; and

any information relating to paragraphs (a) and (b);

"biotechnology" means any technological application that uses biological systems, living organisms, or derivatives thereof, to make or to modify products or processes for specific use;

"Council" means the Sabah Biodiversity Council established under section 3;

“derivatives” includes a naturally occurring biochemical compound derived, developed or synthesised, from a biological resource or resulting from the genetic expression or metabolism of the biological or genetic resource, or part, tissue or extract, whether it contains functional units of heredity or otherwise, and information in relation to derivatives;

“Director” means the Director of the Sabah Biodiversity centre;

“ex situ collection" includes biological resources or traditional knowledge associated with biological resources that are housed, planted, stored, kept or found outside their natural

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habitats such as in herbariums, research institutions, universities, botanical gardens, private collections and any other similar conservation centres;

“export” means to take or cause to be taken out of Sabah any biological resources or traditional knowledge associated with biological resources by land, sea, air or any other means, as the case may be, or to place any biological resources in a vessel, barge, conveyance or aircraft for the purpose of the biological resources being taken out of Sabah by land, sea, or air;

“genetic resource” means any material of plant, animal, microorganism, fungi or other origin that contains functional units of heredity and that has actual or potential value for humanity;

"Government" means the Government of the State of Sabah;

"local community" means a group of individuals who have settled together and continuously inherit production processes and culture or a group of individuals settled together in a village or area and under an eco-cultural system;

"Minister" means the Minister for the time being responsible for matters relating to natural resources;

“native” means a group of individuals comprising native as defined in the Interpretation

(Definition of Native) Ordinance (Cap.64);

“plant” includes-

any species of plant or any part of such species whether alive or dead and includes the stem, branch, tuber, bulb, corm, stock, budwood, cutting, layer, slip, sucker, root, leaf, flower, fruit, seed or any other part or product whatsoever of a plant whether severed or attached; and

any readily recognisable part or derivative of a plant;

"premises" includes any hut, shed, structure, platform, house, building, conveyance and land whether or not enclosed or built upon;

“propagating material” means any biological resource material including material of plant or animal origin or any part of the biological resource material, used for multiplication or reproduction;

“research and development” includes the study or systematic investigation or technology application by analysing , sampling, bioassaying and inventorising or other methods for any purpose including taxonomic research, and potential commercial product development;

“resource provider” includes –

the Council;

a government department or agency holding a biological resources or traditional knowledge associated with biological resources away from its natural environment, whether in a collection or otherwise;

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a private landowner, where the resource is on private land;

the native and local community, where the resource is on land to which they have a right;

the native and local community, where they are the holders of the traditional knowledge associated with biological resources;

an individual, where the genetic resource is found within that individual;

“take” includes –

in relation to an animal, to harvest, catch, capture, trap and kill or obtain in any other way;

in relation to a plant specimen, to collect, harvest, pick, gather and cut or obtain in any other way;

in relation to other biological resources or traditional knowledge associated with biological resources including microorganisms, to collect, pick or obtain in any other way; or

to obtain a biological resources or traditional knowledge associated with biological resources in any other way;

“User” means any individual, a group of individuals, educational and research institution or corporate entity seeking access to biological resources or traditional knowledge associated with biological resources and where the context so requires, the aforementioned to whom the access licence is granted.