Section 24B — Sabah Biodiversity Enactment 2000

(a)

a biological resource on land to which such native and local community have a right as established by law; and

(b)

traditional knowledge associated with biological resources that is held by such native and local community.

(2)

The prior informed consent of native and local community shall be obtained in accordance with customary laws and practices, protocols and procedures, of native and local community, as the case may be.

(3)

Any person who intends to access the biological resources or traditional knowledge associated with biological resources in subsection (1) for commercial or potential commercial purposes shall enter into a benefit sharing agreement under section 24A with the relevant native and local community.

(4)

Any prior informed consent shall be obtained from and benefit sharing agreement entered into with;

(a)

the representative, organisation or body indentified in accordance with the customary laws and practices, protocols and procedure of the native and local community; or

(b)

where no such representative or organisation of the traditional knowledge associated with biological resources can be identified-

(i)

with the holders of the traditional knowledge associated with biological resources within the native and local community; or

(ii)

with the Government, if the holders of the traditional knowledge associated with biological resources cannot be identified.

(5)

Any monetary benefit obtained from the benefit sharing agreement entered under paragraph 4(b)(ii) shall be deposited into a fund as may be established by the Government and any benefit, including where applicable non-monetary benefit, shall be applied for the interest of native and local community.

(6)

Where the same traditional knowledge associated with biological resources is shared by more than one native or local community –

(a)

the applicant shall obtain the prior informed consent of and enter into benefit sharing agreement with the duly identified representative or organization of all the holders of the traditional knowledge associated with biological resources;

20

or

(b)

where it is not practicable in all the circumstances of the case to ascertain all such holders, and this is proven to the satisfaction of the Director, the applicant shall obtain the prior informed consent of, and enter into the benefit sharing agreement with the duly identified representatives or organisation of such of the holders as the applicant may ascertain.

(7)

In the event that there is a claim by any native and local community that it is the rightful holder of the traditional knowledge associated with biological resources after the application is approved, the Director shall –

(a)

determine the claim in consultation with the native and local community whose prior informed consent has been obtained and benefit sharing agreement entered into;

(b)

if the claim is proven to the satisfaction of the Director, declare that the said native and local community is entitled to share the benefits due to the native and local community under the benefit sharing agreement; and

(c)

determine the quantum or nature of benefits to which the native and local community is entitled under paragraph (b), in consultation with all the native and local community concerned.

Review of decision made by the Director.