Permit as evidence of compliance
(1) The Competent Authority shall, upon issuance of the permit under section 13 or 16, forward to the National Competent Authority a copy of such permit.
(2) The permit referred to in subsection (1) shall be evidence of the following information:
(a) the prior informed consent of the Competent Authority for access to the biological resource;
(b) the prior informed consent of the indigenous community and local community under section 23 for access to a biological resource or traditional knowledge associated with a biological resource, as the case may be;
(c) the origin of the biological resource accessed;
(d) the establishment of a benefit sharing agreement with the resource provider where applicable;
(e) the person to whom the permit is issued; and
(f) the use for which the permit is issued.
Register of permits
The National Competent Authority shall keep and maintain a register of permits issued by the Competent Authorities.
Records
(1) Any person who is issued with a permit for access to a biological resource or traditional knowledge associated with a biological resource shall keep the following record:
(a) the description of the biological resource or traditional knowledge associated with the biological resource, including available unique identifiers;
(b) the date or dates of access;
(c) the place of access;
(d) the quantity or size of the biological resource (such as weight or physical dimension);
(e) the common and scientific name of, or given to, the biological resource;
(f) the location where the biological resource is kept; and
(g) the particulars about any subsequent physical disposition of the biological resource, including the names and addresses of others having possession of the biological resource or a part of the biological resource.
(2) A copy of the records referred to in subsection (1) shall be furnished to the National Competent Authority and Competent Authority within thirty days after the biological resource is taken or any other period as determined by the National Competent Authority and Competent Authority, respectively.
(3) A record referred to in subsection (1) shall be kept by the permit holder while the biological resource or traditional knowledge associated with a biological resource is in the holder’s possession and for twenty years after the end of the period of use.
Disposal of biological resource
(1) If a permit holder does not intend to keep the biological resource for which the holder has a record in accordance with subsection 26(1), the permit holder shall offer the biological resource to the Competent Authority.
(2) If the Competent Authority does not agree to take the biological resource in the circumstances mentioned in subsection
(1), the permit holder shall dispose of the biological resource in a manner as may be determined by the Competent Authority and the permit holder shall forthwith furnish a report of the disposal of the biological resource to the Competent Authority.
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).
