National Competent Authority
(1) An authority to be known as the “National Competent Authority” is established. (2) The National Competent Authority shall consist of the following members: (a) the Secretary General of the Ministry responsible for natural resources and environment who shall be the Chairman; and (b) such number of persons to be appointed by the Minister.
Functions of the National Competent Authority
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; (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
(1) The Competent Authorities as specified in the First Schedule shall have jurisdiction over all matters relating to access to a biological resource in the region as specified in the First Schedule. (2) The Competent Authorities shall establish an advisory body to deal with matters relating to indigenous community and local community and traditional knowledge associated with the biological resource comprising representatives of indigenous community and local community whose advice shall be sought and taken into account. (3) The Competent Authorities may, if it thinks necessary, establish such committee to facilitate the carrying out of its functions under this Act. (4) Any member of advisory body appointed under subsection (2), other person invited to any meeting of the advisory body and member of committee established under subsection (3) may be paid such allowances and other expenses as the Competent Authorities may determine. (5) The Competent Authorities shall consult and seek the advice of the National Competent Authority in the exercise of its powers and performance of its functions under this Act.
Functions and powers of the Competent Authorities
(1) The Competent Authorities shall have the following functions: (a) to deal with all the applications for access to a biological resource or traditional knowledge associated with a biological resource within its jurisdiction and the sharing of benefits arising from the utilization of the biological resource or traditional knowledge associated with a biological resource; (b) to maintain a record of all access applications and decisions relating to such applications, including the permits issued; (c) to prepare an annual report concerning such access applications and decisions relating to such applications including permits issued and to submit the report and copies of the permits to the National Competent Authority on or before such date as the National Competent Authority may determine; and (d) 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. (2) The Competent Authorities shall have the powers to do all things necessary or expedient for or in connection with the performance of its functions under this Act.
Advisory Committee
(1) The National Competent Authority shall establish an Advisory Committee and appoint such number of persons with experience, knowledge and expertise on matters relating to the scientific, legal, technical, ethical and other relevant disciplines to be the members of the Advisory Committee. (2) The members of Advisory Committee appointed under subsection (1) and any other person invited to any meeting of the Advisory Committee may be paid such allowances and other expenses as the National Competent Authority may determine. (3) A member of the Advisory Committee appointed under subsection (1) shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding two years and shall be eligible for reappointment. (4) The Advisory Committee shall, upon request, provide advice on scientific, legal, technical, ethical and other relevant disciplines to the National Competent Authority and the Competent Authority.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).