Section 14A — Sabah Biodiversity Enactment 2000

(a)

the taking of a biological resources or traditional knowledge associated with biological resources from its natural habitat or place where it is kept, grown or found including in the market is for the purpose of research and development;

(b)

there is a reasonable prospect as determined by the Council that a biological resources or traditional knowledge associated with biological resources taken by the person will be subject to research and development; or

(c)

the collecting of a biological resource’s reproductive material for propagation is for the purpose of research and development.

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(2)

Access to a biological resources or traditional knowledge associated with biological resources shall not include the following activities:

(a)

fishing for commerce, recreation or game;

(b)

taking animals or plants for food;

(c)

taking biological resources that has been cultivated or tended for any purpose other than the purpose of research and development;

(d)

taking natural produce including oils and honey for any purpose other than the purpose of research and development;

(e)

collecting plant reproductive material for propagation for any purpose other than the purpose of research and development:

(f)

carrying out commercial forestry;

(g)

in relation to native and local communities, for the use and exchange of the biological resources or traditional knowledge associated with biological resources among themselves in the exercise of their traditional and customary practices;

(h)

taking of a biological resources or traditional knowledge associated with biological resources by any person that is –

(i)

a living modified organism as defined in the Biosafety Act 2007

[Act 678] for which intellectual property rights have been granted and subsist; or

(ii)

a plant variety for which a breeder’s right has been granted and subsists under the Protection of New Plant Varieties Act 2004

[Act 634]; and

(i)

access to a biological resources or traditional knowledge associated with biological resources exempted under section 36A.

Protected biological resources