THESARAWAK GOVERNMENT GAZETTEPART II
Published by Authority

Vol. LXXI

30th December, 2016

No. 74

Swk. L.N. 312
SARAWAK BIODIVERSITY CENTRE ORDINANCE, 1997
SARAWAK BIODIVERSITY REGULATIONS, 2016____________ARRANGEMENT OF REGULATIONS______________PART I
GENERAL
Regulations
1.

Citation and commencement

2.

Interpretation
PART IIACCESS TO BIOLOGICAL RESOURCES FOR RESEARCH AND DEVELOPMENT

3.

Access to biological resources

4.

Access to biological resources for research and development

5.

Application for permit

6.

Grant of permit, terms and conditions

7.

Implied conditions

8.

Form of permit

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Regulations
9.

Prohibition against export

10. Restriction on issues of permit for export
11. Suspension or cancellation of permit
12. Effect of cancellation
PART IIIRESEARCH AND DEVELOPMENT FOR INTELLECTUAL PROPERTY RIGHTS,
POTENTIAL COMMERCIAL AND COMMERCIAL PURPOSES
13. Places for research and development
14. Benefit sharing agreement for research and development
15. Research and development outside Sarawak
16. Research reports, etc.
17. Rights over discoveries
18. Use of discovery
PART IVPROPAGATION OF PROTECTED RESOURCES
19. Offences for propagation, etc. of protected resources
20. Site for propagation of protected resources
21. Sale of protected resources
PART VPRIOR INFORMED CONSENT
22. Prior informed consent
23. Procedure for application
24. Decision by community
25. Terms and conditions for consent
26. Form of prior informed consent
PART VI
INVENTORY AND DEPOSITORY
27. Inventory and depository
28. Access to inventory materials
29. Admission to depository
30. Supply of materials from depository
31. Extract not to be exported
32. Data to be reported to Centre

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Regulations
33. Restriction on copyrights, patents or intellectual property rights
PART VIIMISCELLANEOUS
34. General provisions on permit
35. Exemption
36. Fees
37. Delegation
38. Offences
39. Revocation and saving
SCHEDULES556
SARAWAK BIODIVERSITY CENTRE ORDINANCE, 1997
SARAWAK BIODIVERSITY REGULATIONS, 2016
(Made under section 35(1))
In exercise of the powers conferred by section 35(1) of the Sarawak
Biodiversity Centre Ordinance, 1997 [Cap. 24], the Majlis Mesyuarat Kerajaan
Negeri has made the following Regulations:PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Sarawak Biodiversity
Regulations, 2016, and shall be deemed to have come into force on the 28th day ofJanuary, 2016.
Interpretation
2.

In these Regulations—“benefit sharing agreement” means an agreement as described inregulation 14;“biological resources” means biological resources as defined in the
Ordinance;“Centre” means the Sarawak Biodiversity Centre established under theOrdinance;“Chief Executive Officer” means the Chief Executive Officer as definedin the Ordinance;“Controller” means the Controller of Wild Life or Controller of National
Parks and Nature Reserves, as the case may be;“Council” means the Sarawak Biodiversity Council established under theOrdinance;“derivative”means derivatives as defined in the Ordinance;“Director” means the Director of Forests or any person temporarily
discharging the duties of that office;557“export” in relation to biological resources means removing, shipping or
taking away by any means the same out of the State for research anddevelopment relating to pharmaceutical or biotechnological developments;“forest reserve” and “protected forest” shall have the same meaning
assigned to those expressions by the Forests Ordinance, 2015 [Cap. 71];
“national park” or “nature reserve” refers to a national park or nature
reserve respectively constituted under the National Parks and Nature Reserves
Ordinance, 1998 [Cap. 27];
“natives”shall have the same meaning assigned to that expression by theInterpretation Ordinance, 2005 [Cap. 61];
“Ordinance” means the Sarawak Biodiversity Centre Ordinance, 1997
[Cap. 24];
“permit holder” means any person issued with a permit under theseRegulations, and includes any person employed or engaged by him toundertake or assist in undertaking the activities covered by the permit or his
duly authorized agent or representative;“prior informed consent” means the consent obtained in accordance withPart V of these Regulations;“protected resources” means those biological resources declared asprotected resources under section 21(1) of the Ordinance;“research and development” means research and development as definedin the Ordinance;“specimen”, in relation to biological resources, includes any sample,
extract, part, derivative, components, representation or by-product of any
plant, insect or aquatic life;“traditional knowledge” means the traditional knowledge of natives inutilizing and managing biological resources and its environment for theircommunities general sustenance;“wild life sanctuary” means a wild life sanctuary constituted under theWild Life Protection Ordinance, 1998 [Cap. 26].

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PART IIACCESS TO BIOLOGICAL RESOURCES FOR RESEARCH AND DEVELOPMENT
Access to biological resources3.—(1)
Subject to regulation 4, no person shall enter and collect or takeaway any biological resources from State land, State land forests, permanent forests,
national park, nature reserve or wild life sanctuary without a licence or permit issued
by the Director or the Controller under the Forests Ordinance, 2015 [Cap. 71], theNational Park and Nature Reserve, 1998 [Cap. 27], or the Wild Life Protection
Ordinance, 1998 [Cap. 26], as the case may be.
(2) An application for such permit shall be made to the appropriate officer ina form prescribed by him.
(3) A permit may be granted subject to or upon such terms and conditions as
the Director or the Controller, as the case may be, may deem fit to impose.
Access to biological resources for research and development
4. No person shall collect biological resources in the State for research anddevelopment or for propagation to support such research and development unless hehas been granted a permit by the Council.
Application for permit
5.—(1)
An application for a permit required under regulation 4 shall bemade in a form to be determined by the Council.
(2) The applicant shall, in support of such application, furnish to theCouncil—(a)a written undertaking not to remove biological resources or any
part or extract or specimen thereof from the State without an export permit
granted by the Council;(b)a written undertaking that the applicant shall obtain prior informed
consent in accordance with Part V of these Regulations, where such researchand development or propagation to support such research and development
involves traditional knowledge associated with a biological resource:
Provided that no permit shall be granted unless such prior informed
consent has been obtained by the applicant;(c)a detailed collection plan and full particulars of any research
scheme or objectives;(d)a brief outline of his previous or current collection or research into
biological resources in Malaysia or elsewhere;

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(e)
full particulars of the collectors and researchers who are intended
to be covered by the intended permit together with their technical expertise;(f)copies of all minutes and written communications required underregulations 23 and 24; and(g)such other particulars as may be required by the Council.

Grant of permit, terms and conditions
6.—(1)The Council may at its discretion grant the permit applied for or
refuse to grant such permit.
(2) Where the permit is granted, it shall contain terms including but notlimited to—(a)the place or places where collection of biological resources may
be undertaken;(b)the species of biological resources that may be collected and thequantity thereof;(c)unique identifier and duration of the permit;(d)
if applicable, the time when such collection may take place andthe person who provided the biological resources and/or traditional knowledge;(e)the places or premises where the biological resources collected
may be kept, stored or preserved;(f)the submission to the Centre, within such period as the Chief
Executive Officer shall determine, of data and/or report or manuscripts and at
least one specimen or its derivatives of any biological resource collectedpursuant to the permit; and(g)where applicable, that the permit holder shall enter into a benefit
sharing agreement with the Council as provided in regulation 14.
Implied conditions
7. Without prejudice to regulation 6, there shall be implied in each permit
the following conditions—(a)the permit holder when undertaking any collection shall, unless
exempted by the Chief Executive Officer, at all times be accompanied by an
officer, employee or agent of the Centre;(b)

the permit shall not be transferable;

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(c)
the permit shall be in the possession of the permit holder who
shall, on demand by the Chief Executive Officer or any person authorized byhim, produce the same for inspection;(d)none of the biological resources collected shall be taken out of theState without a permit for the export thereof issued under this Part;(e)
if collection is undertaken within a wild life sanctuary, nationalpark, nature reserve, communal forest, forest reserve or protected forest, thepermit holder shall comply with and observe all rules and regulations
governing his entry into and activities in such wild life sanctuary, national parkor nature reserve, communal forest, forest reserve or protected forest; and(f)the permit holder shall provide such security, as may be
determined by the Council, for the due performance and compliance of theterms and conditions of the permit or where applicable, the provision of thebenefit sharing agreement related to the issuance of the permit.
Form of permit
8. A permit granted under these Regulations shall be in a form to be
determined by the Council from time to time.
Prohibition against export
9. No person shall export for research and development purposes any
biological resources without a permit issued by the Council for the export thereof.
Restriction on issues of permit for export
10.—(1)
No permit shall be issued for the export of biological resources
under regulation 9 unless the Council is satisfied that—(a)the biological resources are required for the research anddevelopment of the nature or specialization that could not be undertaken or
conducted within Sarawak;(b)
the applicant has not been in breach of any condition, express or
implied, in a permit issued for collection of biological resources;(c)the applicant intending to export the biological resources,
undertakes in writing to submit promptly to the Centre all reports and dataprepared or obtained from research and development undertaken or conducted
outside Sarawak;(d)the institution, laboratory scientist or body undertaking or
conducting such research and development has agreed to disclaim rights tointellectual property or patents in the event of any discovery or invention

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derived from the biological resources exported from the State, or enters intosuch undertaking or agreement with regard thereto as may be acceptable to theCouncil;(e)the biological resources would be returned expeditiously to theCentre or destroyed as determined by the Council if not used for the purpose inregard to which the same was exported; and(f)a benefit sharing agreement as provided and described inregulation 14 has been signed between the Council and the applicant for thepermit to export the biological resources for intellectual property rights or
potential commercial or commercial purposes.
(2) The permit issued under regulation 9 may relate to one or more speciesof biological resources and shall stipulate the quantity thereof and specify the
number of occasions or shipments that such resources may be exported.
Suspension or cancellation of permit
11. Any permit issued under these Regulations may be suspended for such
period as the Council may direct or may be cancelled, if—(a)the permit holder breaches or contravenes any of the provisions of
the Ordinance or these Regulations or any of the conditions of the permit;(b)
the benefit sharing agreement which relates to the permit has been
terminated or rescinded;(c)there has been a breach or non-compliance with any undertaking
which the permit holder is required to provide under these Regulations;(d)there is, in the Council's opinion, a need to protect, conserve orpreserve the biological resources which the permit holder is entitled to collector export under the terms of the permit;(e)the permit holder has been adjudged a bankrupt or has become
insolvent; or(f)he has transferred the permit or assigned the rights or benefits
conferred thereunder and for the purpose of these Regulations, if the permit
holder is a corporation, the permit shall be deemed to have been transferred if
the majority shares or interest therein have been transferred or disposed of.
Effect of cancellation
12. Where the permit is cancelled, the permit holder shall surrender the sameto the Centre together with all biological resources in his possession and any reportor data obtained by the permit holder in regard thereto including any intellectual

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property rights or any other rights or interest whatsoever therein, and any benefit
sharing agreement entered into between the permit holder and the Council shall bedeemed to have been terminated.
PART IIIRESEARCH AND DEVELOPMENT FOR INTELLECTUAL PROPERTY RIGHTS, POTENTIALCOMMERCIAL AND COMMERCIAL PURPOSES
Places for research and development
13. All research and development on biological resources with potential gainof intellectual property rights or potential commercial or commercial purposes shallbe—(a)carried out in accordance with the terms and conditions of abenefit sharing agreement as provided and described in regulation 14; and(b)undertaken in Sarawak at such laboratory, institution, hospital or
research centre as may be approved by the Council or, subject to regulation 15,
at such place outside Sarawak as may be approved in writing by the Council.
Benefit sharing agreement for research and development
14.—(1)
Before any permit may be granted under these Regulations forresearch and development with potential intellectual property rights or potential gainof commercial or commercial purposes can be carried out on biological resources, afair and equitable benefit sharing agreement based on mutually agreed terms shall beentered into between the Council, in whom proprietary rights in such resources are
vested, and the person or institution intending to carry out such research:
Provided that where such research and development involves traditional
knowledge associated with biological resources, the following shall apply:(a)prior informed consent be obtained from the natives in accordancewith Part V; and(b)the natives shall be made a party to such benefit sharing
agreement.
(2) A benefit sharing agreement shall contain such terms and conditions as
may be determined by the Council upon consultation with the Government and thenatives, and these terms and conditions shall include, but not limited to thefollowing—(a)the place or institution in Sarawak or outside Sarawak where suchresearch and development is to be carried out;

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(b)
access by the Council, on behalf of the Government, to any
reports, data, studies or results of the research and development undertaken;(c)rights of the Government to patents and intellectual property to or
over any discovery resulting from the research and development undertaken,
and where appropriate, the sharing of such rights with other parties based on
the benefit sharing agreement;(d)the rights of the Government to license any patent or intellectual
property referred to in paragraph (c) and the entitlement to benefits derived
therefrom;(e)confidentiality over any reports, data, studies or results obtained
from or generated from such research and development;(f)programmes or arrangements for the transfer of technology, skills
and knowledge derived from any research and development covered by suchagreement, including the training of scientists from the State and their
participation in such research and development;(g)ownership of data and results accruing from research anddevelopmenton or study of the biological resources;(h)the Council shall require that the applicant pay a percentage of any
monetary benefits derived under the benefit sharing agreement to a fund as
may be established and administered by the Council;(i)the Council shall apply any payment or any part thereof received
under paragraph (h) towards the conservation of biological resources and thesustainable use of its component and for such other expenses as determined by
the Council;(j)benefits may include monetary and non-monetary benefits,
including but not limited to those listed in the Schedule; and(k)such other terms and conditions as may be agreed between theCouncil, the applicant and where applicable, the natives.
(3) The parties shall negotiate and enter into a fair and equitable benefit
sharing agreement based on mutually agreed terms for commercial or potentialcommercial purposes.
(4) The negotiation for a benefit sharing agreement shall be conducted bymembers of the community elected at the general meeting which decides upon theapproval of the prior informed consent application under regulation 24.
(5) Benefits may include monetary and non-monetary benefits, including but
not limited to those listed in the Schedule.
(6) Any monetary benefit obtained shall be disbursed in accordance with thebenefit sharing agreement.

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Research and development outside Sarawak
15.—(1)
No research and development on biological resources shall be
undertaken outside Sarawak unless the Council is satisfied that the nature or
specialization thereof requires such research and development to be carried out or
conducted in a place outside Sarawak.
(2) Where the Council is so satisfied under sub-regulation (1), an export
permit under regulation 9 may be issued if the conditions in regulation 10 for theissue thereof are fulfilled.
Research reports, etc.
16. Subject to any direction issued by the Chief Executive Officer, anylaboratory, institution, hospital, research centre or body undertaking any researchand development on biological resources shall—(a)furnish to the Centre, at such intervals as may be determined by
the Chief Executive Officer, reports of all data, findings, results or otherinformation obtained or derived from such research and development:
Provided that the Chief Executive Officer may permit such reports to besubmitted in a summary or abridged form;(b)allow any scientist, as may be nominated by the Chief Executive
Officer, to participate in the research and development;(c)make available, free of charge to the Centre, all papers,
presentations, essays or findings pertaining to the research and development on
the biological resources;(d)ensure all scientists or persons involved in the research anddevelopment shall undertake to comply with the provisions of any benefit
sharing agreement governing rights to patents and intellectual properties
arising from the research and development;(e)allow the Chief Executive Officer or any person authorized by him
to have access at all reasonable times to the laboratory, institution, hospital,
research centre or body and any records or data kept thereat pertaining to theresearch and development on biological resources undertaken therein; and(f)not publish or disseminate information or data derived from any
research and development without the approval of the Chief Executive Officer,
which approval shall not be unreasonably withheld.

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Rights over discoveries
17.—(1)
Where research and development leads to the discovery of any
compound, chemical or curative agent, molecule or product which has
pharmaceutical, medicinal, therapeutic, nutritional, industrial or agricultural,commercial or economic value, properties or potential, the person or bodyundertaking the research and development shall notify the Chief Executive Officer,
and an application for intellectual property rights in regard to the discovery shall bemade in accordance with the terms of the benefit sharing agreement.
(2) No application for intellectual property rights in respect of any discovery
referred to in sub-regulation (1) shall be made without the consent in writing of the
Chief Executive Officer.
(3) In the event of any breach of sub-regulation (1) or (2), the Council may
apply to any court of competent jurisdiction for, inter alia, injunctive reliefs to
restrain any application for patent or copyright or intellectual property rights or theregistration thereof or the use of any discovery referred to in sub-regulation (1).
Use of discovery
18. Where any discovery has been patented or copyrighted in respect thereof
has been registered, the use thereof shall be regulated by the Council, and shall be
subject to payment of such royalty, fees, or other consideration as may be
determined by the Council:
Provided that where the use of such discovery is already subject to the terms
and conditions contained in the benefit sharing agreement, the Council shall not
impose conditions regarding the use of the discovery which are contrary to the terms
and conditions thereof.
PART IVPROPAGATION OF PROTECTED RESOURCES
Offences for propagation, etc., of protected resources19.—(1)

No person shall—(a) undertakes any form of research and development into; or(b) germinates, propagates, breeds or cultivates,

any protected resources without a permit in the form to be determined by theCouncil.
(2) Any person who contravenes sub-regulation (1) shall be guilty of an
offence and shall, upon conviction, be punished with—

566(i) where such person is an individual, a fine of not less than fifty
thousand ringgit and not exceeding two hundred thousand ringgit, or to
imprisonment not exceeding five years or to both; or(ii) where such person is a body corporate, a fine of not less than one
hundred thousand ringgit and not exceeding five hundred thousand
ringgit.
Site for propagation of protected resources
20.—(1)The propagation, breeding or cultivation of any protectedresources shall be on such site or premises as may be approved by the Council:
Provided that the Council shall not approve any site or premise outside
Sarawak unless it is satisfied that, for technical or scientific reasons, there is nosuitable site or premise or available facility or technical know-how in Sarawak forsuch purpose.
(2) The Chief Executive Officer or any person authorized by him may at allreasonable times enter any site or premise used for the propagation, breeding or
cultivation of any protected resources for the purpose of ensuring that the activities
conducted therein comply with the terms and conditions of the approval granted
under regulation 19(1).
(3) The owner or proprietor of the site or premise referred to in subregulation (1) shall submit to the Chief Executive Officer a true and accurate recordof the protected resources propagated, bred or cultivated therein on or before the 30th
June and 31st December of each calendar year.
Sale of protected resources21.—(1) No sale of any protected resources shall be permitted except inaccordance with a permit issued by the Council and such a permit shall be subject tosuch terms and conditions as the Council may impose.
(2) Where there is a sale of protected resources associated with traditional
knowledge, prior informed consent shall be obtained by the applicant in accordancewith Part V of these Regulations before the permit under sub-regulation (1) may be
granted.
PART VPRIOR INFORMED CONSENT
Prior informed consent
22.—(1)The prior informed consent shall be obtained in accordance withand based on the following but not limited to—

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(a)
the applicant shall obtain the prior informed consent from thenatives before the commencement of any activity;(b)there shall be sufficient time for the relevant community to assess,understand, analyze and discuss information pertaining to the proposed
access application:
Provided that the time used by the community concerned to deliberate on
an access application shall not be less than two weeks and shall not be morethan two months from the date the application is received by the community
or to such extension of time that the parties may agree from time to time;(c)the prior informed consent of the natives shall be obtained fromthe community as represented by the head of each family or his duly
appointed representative in accordance with regulation 24; and(d)the prior informed consent of the concerned community shall beobtained in accordance with the local cultural norms, customary laws,
protocols and procedures, as the case may be:
Provided that every consent obtained shall be freely given, including freefrom any inducement, threat, coercion, duress, undue influence, enticement or
any other unlawful means.
(2) The burden of proving that all requirements under these Regulations forthe obtaining of prior informed consent shall be on the applicant.
(3)
The prior informed consent and all information supplied by theapplicant in regulation 23(2) shall be kept confidential, including the details of
biological resources and traditional knowledge and the terms and conditions
governing the grant of the prior informed consent.
(4)
No third party shall be allowed to access any information in subregulation (3) without the approval of the applicant, the Headman and the Chairmanof Jawatankuasa Kemajuan dan Keselamatan Kampung (hereinafter referred to as
the “Jawatankuasa”).
Procedure for application
23.—(1) The applicant shall apply in writing in the Malay language to the
Headman of the community for the purposes of obtaining the prior informed consent
of the community.
(2) The applicant shall provide to the community information, in the Malay
language, pertaining to the proposed application that is accurate, objective, clear andsufficient to allow the relevant community to arrive at an informed decision andshall include—

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(a)
the details of the proposed project which includes themethodology, the type of biological resources sought by providing the local
and scientific name of the biological resources whenever possible, the quantity
required, frequency, purpose of the project, starting date and duration of theactivity, geographic prospecting area, identification of where the research anddevelopment will take place, and how the research and development is to be
carried out;(b)

the possible destination of the knowledge or resource acquired;(c)a preliminary assessment of the likely social, cultural andenvironmental impact at each stage of the proposed access activity;(d)information regarding the legal entity and affiliation of theapplicant and its sponsors, including identification of participating individuals,
financing and collaborating organizations (unless there is a non-disclosure
provision which is reasonable in the circumstances), local bodies involved, andpossible third party involvement;(e)personnel likely to be involved in the execution of the proposed
project, including natives, private sector staff, research institutions andgovernment employees;(f)
all intended uses and new uses, with any commercial interests, asthat may require new or additional prior informed consent;(g)procedures that the activity or project may entail;(h)proposal of the benefits;(i)all legal options available to the community, including its right toforbid access to or the use of the biological resources and traditional
knowledge; and(j)a protocol of acknowledgements, citation, authorship, andinventorship, anonymity and confidentiality in any subsequent publications.
(3) If the community requests additional information, the applicant shallprovide such information without undue delay.
Decision by community
24.—(1) The Headman shall upon receipt of the application in regulation 23,
convene a meeting of the Jawatankuasa to deliberate and recommend whether theapplication should be approved or refused and the terms and conditions to be
imposed, if the application is approved.
(2)
The Headman shall then call a general meeting of all the community
members to deliberate and decide on the matter based on the recommendations madeby the Jawatankuasa.

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(3)
Notice of the meeting shall be made in writing and be sent to eachhousehold as well as non-resident members of the community and be placed on thecommunity notice board.
(4)
The community may require the applicant or his agent or representative
to provide further information or input on the proposed project.
(5)
The meeting may authorize the Jawatankuasa to enter into negotiation
with the applicant on behalf of the community.
(6)
The Jawatankuasa shall report back to the general meeting the outcomeof the negotiations and the meeting shall then make a final decision.
(7)
The meeting shall also elect representatives to negotiate benefit sharing
agreement under regulation14.
(8)
Decisions at any meeting relating to the application shall be by a simple
majority of the community attending the meeting as represented by the head of thefamily or his duly appointed representative.
(9)
The decision of the meeting shall be placed on the community noticeboard and shall be deemed to have been communicated to the community.
(10) Subject to regulation 26, the decision of the meeting shall be
communicated to the applicant in writing by the Jawatankuasa, signed by the
Chairman and Headman and bearing the official stamp of the Jawatankuasa and the
Headman.
(11) Minutes of all meetings shall be recorded and documented.
Terms and conditions for consent
25. The terms and conditions that may be imposed for the grant of the consent
to the applicant may include but not be limited to the following—(a)binding commitment to enter into a benefit sharing agreement
when additional quantity of the biological resources is required or if theresearch yields a prototype which has a commercial value;(b)binding commitment to notify the relevant community if there isan application for patent and to supply relevant information relating thereto,and upon the granting of the patent to forthwith supply to the community acopy of the grant and information in relation thereto;(c)restriction to access certain areas;(d)submission of progress report on the status of research
periodically as may be determined by the community;(e)declaration of the resource and the quantity collected;(f)community involvement in the resource collection;

570
(g)
engagement of members of the community where appropriate forcontract farming and to carry out activities based on mutually agreed terms;(h)duration for the consent, including the right of the community toextend the term;(i)compliance with the concerned community’s customary norms
and practices;(j)appointment of local research collaborator by the community;(k)submission of a description of the research and development
results and all discoveries made in the course of the activity that might affectthe interests of the community;(l)whether the relevant community requires further prior informed
consent to be given where the applicant becomes subject to a merger, reorganization, transfer of rights, acquisition by another entity or joint venture, orwhether to include in lieu of the requirement of a further prior informed
consent that the terms and conditions will be binding on the new entity,
assignee or transferee; and(m)compliance with all relevant legal requirements.

Form of prior informed consent
26.—(1)
language.

The prior informed consent shall be in writing and in the Malay(2) The prior informed consent document shall be stipulated in the form
prescribed by the Council and shall contained, among others, the following—(a)the parties involved;(b)

the resources involved;(c)the quantity allowed to be taken;(d)the duration of the consent;(e)

the responsibilities of each party; and(f)meeting.

other terms and conditions agreed to by the community at its

PART VI
INVENTORY AND DEPOSITORY
Inventory and depository
27. The Centre shall maintain—

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(a)
an inventory, in such form or manner as may be determined by theCouncil, of—(i)all samples of biological resources collected pursuant to permits
issued under these Regulations;(ii) all samples of biological resources collected by officers of theCouncil for research and development purposes;(iii) all species of animals, plants, insects, and aquatic life, protectedunder section 21 of the Ordinance;(iv) all extracts, specimens or derivatives, whether by synthesis
process or otherwise, of biological resources which have been or are subject ofany research and development, whether on-going or otherwise;(v)
reports, data and results of all biological resources which havebeen or are subject of any research and development, whether on-going orotherwise;(vi) books, periodicals, journals, articles or essays concerning any
biological resources referred to in sub-paragraphs (i), (ii), (iii), (iv) and (v);(vii) a list of all permits and benefit sharing agreements issued or
executed pursuant to these Regulations and all places or premises where
protected species of animals, plants, insects and aquatic life can be propagated,
cultivated, breed or reared under Part IV; and(viii) such other records, data or information which the Centre isdirected by the Council to maintain in the performance of its duties andfunctions under the Ordinance.
(b)
a depository, for the display, exhibition, storage, protection, safe
keeping or preservation of—(i)all or any of the biological resources referred to in sub-paragraphs(a) (i) to (iv), including pictorial or other forms of representations or replicas
thereof; and(ii) all or any of the reports, data, books, periodicals, journals, articles
and essays referred to in sub-paragraphs (a) (v) to (viii).
Access to inventory materials
28.—(1)
No person shall have access to any materials in the inventory
maintained under regulation 27(a) or obtain any extracts or make any copies thereof
without the approval of the Chief Executive Officer:

572
Provided that such approval shall not be unreasonably withheld.
(2) Such approval may be given upon such terms and conditions as the Chief
Executive Officer may impose and upon payment of such fees as may be prescribedby the Council.
(3) For the purpose of these Regulations, access includes any form oflinkage with the Centre by way of any computerized or information technology
system which allows a person to obtain any information, data or materials kept by
the Council in the inventory.
Admission to depository
29. No person other than a member of the Council or a staff of the Centre
shall be admitted to the depository without the permission of the Chief Executive
Officer who may impose such fees for admission as may be approved by theCouncil.
Supply of materials from depository
30.—(1)The Chief Executive Officer may, with the approval of theCouncil and subject to sub-regulations (2) and (3), supply any biological resources
to any person, who satisfies the conditions set forth in regulations 3(1) and 5, for the
purposes of research and development or pharmaceutical development or any otherpurposes as may be approved by the Council.
(2) Where any biological resources referred to in sub-regulation (1) isrequired for research and development purpose, the supply thereof shall not be
permitted until a benefit sharing agreement is entered into between the Council andthe person desirous of having the same:
Provided that the Council may, if it deems fit, exempt any person fromcompliance with the provisions thereof.
(3) The supply of any materials referred to in sub-regulation (1) shall be
subject to payment of such fees as may be prescribed by the Council.
Extract not to be exported
31. No materials supplied pursuant to regulation 30(1) may be exported
without a permit issued by the Council for the export thereof.
Data to be reported to Centre
32. The results and data obtained from any research and development
undertaken on any of the materials supplied under regulation 30(1) shall be reported
to the Centre at such periodical intervals as may be stipulated by the Chief Executive
Officer.

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Restrictions on copyrights, patents or intellectual property rights
33.—(1)
No person shall claim or be entitled to any copyrights, patents or
intellectual property rights over any discovery derived from the use of any materials
supplied by the Centre under this Part, except in accordance with the terms andconditions of a benefit sharing agreement applicable to the research anddevelopment leading to such discovery.
(2) Any application for patents, copyrights or intellectual property rights
pertaining to such discovery shall be made only with the consent of the Chief
Executive Officer.
(3) Where there has been a breach of the provisions of sub-regulation (2), theCouncil may apply to a court of competent jurisdiction for, inter alia, injunction
relief to restrain the application for patents, copyrights or intellectual property rights
or the registration thereof or the use of the discovery.
PART VIIMISCELLANEOUS
General provisions on permit
34.—(1)
All permits required under these Regulations shall be issued at thediscretion of the Council and shall be for such period as may be determined by theCouncil.
(2)
Council.

The period of such permits may be extended at the sole discretion of the(3) Upon expiration, suspension or cancellation of a permit, the original
thereof shall be surrendered to the Chief Executive Officer.
Exemption
35. Nothing in these Regulations shall affect, vary, nullify or renderinvalid—(a)any subsisting or existing agreement entered into by the Government
or any of its agencies with regard to collection or research and development on
biological resources or the development of any pharmaceutical, medicinal,
therapeutic, nutritional, industrial, agricultural products derived from compounds oragents extracted from any biological resources of the State; or(b)
any prior consent, approval or permission given by the Government forthe collection of biological resources of the State:
Provided that the Council may require a person who has been previously
granted consent, approval or permission to collect biological resources for research

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and development to apply for a permit to undertake the same under theseRegulations.
Fees
36. The Council may by notification in the Gazette prescribe fees to bepayable under these Regulations.
Delegation
37. The Chief Executive Officer may, with the approval of the Council,delegate to any other officer of the Centre such powers, duties or functions assigned
to him by these Regulations.
Offences
38. Any person who contravenes any of the provisions of these Regulations
shall be guilty of an offence and shall, if no penalty is expressly provided for theoffence in the Ordinance or under these Regulations, be punished with—(a)where such person is an individual, a fine of not less than fifty
thousand ringgit and not exceeding two hundred thousand ringgit or to
imprisonment not exceeding five years or to both; or(b)where such person is a body corporate, a fine of not less than one
hundred thousand ringgit and not exceeding five hundred thousand ringgit.
Revocation and saving
39.—(1)is revoked.

The Sarawak Biodiversity Regulations, 2004 [Swk. L.N. 73/2004](2) Nothing in these Regulations shall affect the past operation of, or
anything done under, the Regulations repealed under sub-regulation (1) and any
permit issued or agreement made under such repealed Regulations shall continue tobe in force and have full effect until the expiry or termination thereof.

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SCHEDULEMONETARY AND NON-MONETARY BENEFITS(Regulations 14(2)(j) and (5))

1.

Monetary benefits may include, but not be limited to:(a)access fees/fee per sample collected or otherwise acquired;(b)

up-front payments;(c)milestone payments;(d)payment of royalties;(e)licence fees in cases of commercialization;(f)special fees to be paid to trust funds supporting conservation and sustainable use of
biodiversity;

2.

(g)

salaries and preferential terms where mutually agreed;(h)research funding;(i)joint ventures; and(j)joint ownership of relevant intellectual property rights.

Non-monetary benefits may include, but not be limited to:(a)sharing of research and development results;(b)collaboration, cooperation and contribution in scientific research and development
programmes, particularly biotechnological research activities, where possible in the party
providing genetic resources;(c)participation in product development;(d)collaboration, cooperation and contribution in education and training;(e)admittance to ex situ facilities of genetic resources and to databases;(f)transfer to the provider of the genetic resources of knowledge and technology
under fair and most favourable terms, including on concessional and preferential terms
where agreed, in particular, knowledge and technology that make use of genetic resources,
including biotechnology, or that are relevant to the conservation and sustainable utilizationof biological diversity;(g)strengthening capacities for technology transfer;(h)institutional capacity-building;(i)human and material resources to strengthen the capacities for the administrationand enforcement of access regulations;

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(j)
training related to genetic resources with the full participation of countries
providing genetic resources, and where possible, in such countries;(k)access to scientific information relevant to conservation and sustainable use of
biological diversity, including biological inventories and taxonomic studies;(l)contributions to the local economy;(m) research directed towards priority needs, such as health and food security, taking
into account domestic uses of genetic resources in the party providing genetic resources;(n)institutional and professional relationships that can arise from an access and benefit
sharing agreement and subsequent collaborative activities;(o)food and livelihood security benefits;(p)social recognition; and(q)joint ownership of relevant intellectual property rights.

Made this 27th day of April, 2016.

DATUK AMAR HAJI AWANG TENGAH ALI HASAN,
Minister for Resource Planning and Environment II
48/KPSAS/S/T/2-212(8)DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUCHING, SARAWAK
BAGI PIHAK DAN DENGAN KUASA PERINTAH KERAJAAN SARAWAK