Malaysia legislation
Section 8B
Section 8B
The Director shall have the following functions and powers:
(a)
to manage the Biodiversity Centre;
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(b)
to deal with all the applications for access to biological resources or traditional knowledge associated with biological resources and the sharing of benefits arising from the utilization of the biological resources or traditional knowledge associated with biological resources;
(c)
to approve, after consultation with the Council, and issue access licence and export licence;
(d)
to maintain a record of all access applications and decisions relating to such application, including the licence issued;
(e)
to regulate the access to the biological resources or traditional knowledge associated with biological resources of the state including the removal of any biodiversity from the State;
(f)
to identify the priorities for research on biodiversity to enhance undertaking, conservation and sustainable utilization of biodiversity and biological resources or traditional knowledge associated with biological resources, including ethnobotany, taxonomy and traditional uses;
(g)
to co-ordinate local, state and national activities relating to conservation, research and sustainable use of biological resources or traditional knowledge associated with biological resources and biodiversity;
(h)
to co-ordinate preparations for regional and international activities relating to the conservation, research and sustainable use of biological resources or traditional knowledge associated with biological resources and biodiversity;
(i)
to formulate programmes for systematic surveys of biodiversity and the collection and analysis of the data thereto;
(j)
to plan and initiate programmes for the utilization, conservation, protection and sustainable development of biological resources or traditional knowledge associated with biological resources;
(k)
to establish or caused to be established a system for the protection of biological resources or traditional knowledge associated with biological resources so that the native and local communities shall, at all time and in perpetuity, be the legitimate creators, users and custodian of such knowledge, and shall collectively benefit from the use of such knowledge.
(l)
to establish linkages with other institution or bodies, within or outside the State, with a view to enhancing the management, protection, preservation, research and utilization of the biodiversity or traditional knowledge associated with biological resources of the native and local community of the State;
(m)
to create awareness and to provide training, education and information relating to access and benefit sharing in relation to a biological resources or traditional knowledge associated with biological resources;
(n)
to support customary laws and practices of native and local communities,
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and the development of community protocols and procedures by the native and local communities, as the case may be;
(o)
generally to promote education and knowledge of the biodiversity of the State;
(p)
to carry on of all activities of which appears to the Director to be necessary, advantages or convenient for or in connection with the performance and exercise of his functions and powers; and
(q)
to do such other things as the Director deems fit to enable him to perform and exercise his functions and powers effectively or which are incidental to the performance and exercise of his functions and powers.
Delegation of powers