APPROVAL BY THE NATIONAL BIODIVERSITY AUTHORITYCentral
Section 19 of The Biological Diversity Act, 2002
Approval by National Biodiversity Authority for undertaking certain activities.
- (1)Any person referred to in sub-section (2) of section 3 who intends to obtain any biological resource occurring in India or knowledge associated thereto for research or for commercial utilisation or for bio-survey and bio-utilisation or transfer the results of any research relating to biological resources occurring in, or obtained from, India, shall make application in such form and payment of such fees as may be prescribed, to the National Biodiversity Authority. 1[(2) Any person referred to in sub-section (2) of section 3 who intends to apply for a patent or any other form of intellectual property rights, whether in India or outside India, referred to in sub-section (1) of section 6, may make an application to the National Biodiversity Authority in such form, on payment of such fee, and in such manner, as may be prescribed. (2A) Any person referred to in sub-section (1A) of section 6 shall register with the National Biodiversity Authority at the time of making application under sub-section (2), and persons referred to in sub-section (1B) of section 6 shall obtain prior approval from the National Biodiversity Authority at the time of commercialisation.]
- (3)On receipt of an application under sub-section (1) or sub-section (2), the National Biodiversity Authority may, after making such enquiries as it may deem fit and if necessary after consulting an expert committee constituted for this purpose, by order, grant approval subject to any regulations made in this behalf and subject to such terms and conditions as it may deem fit, including the imposition of charges by way of royalty or for reasons to be recorded in writing, reject the application: Provided that no such order for rejection shall be made without giving an opportunity of being heard to the person affected. 2[(3A) The National Biodiversity Authority shall, while granting approval under this section, determine the benefit sharing in such manner as may be specified by regulations made in this behalf: Provided that if the National Biodiversity Authority is of the opinion that such an activity is detrimental or contrary to the objectives of conservation and sustainable use of biodiversity or fair and equitable sharing of benefits arising out of such activity, it may, by order, for reasons to be recorded in writing, prohibit or restrict any such activity: Provided further that no such order for rejection shall be made without giving an opportunity of being heard to the person concerned. 3[(4) The National Biodiversity Authority shall place in public domain details of every approval granted or rejected under this section.]
Summary
- People and foreign entities covered by Section 3(2) must apply to the National Biodiversity Authority to get biological resources or transfer research results.
- This section also explains how these same people must apply for patent approvals or register their patent applications as required by Section 6.
- The Authority has the power to run enquiries and talk to expert committees before making a decision on an application.
- The Authority can approve an application with specific conditions, including fees or royalties, or it can reject it entirely.
- No application can be rejected unless the person applying is given a chance to be heard and explain their case.
- All decisions to grant or reject an application must be made available to the public.
Practical examples
1Robert, a non-resident Indian living in Canada, wants to study the genetic markers of a specific Indian river fish. He submits a formal application to the Authority under Section 19 and pays the required fee to start his research.
2A company applied to use a local orchid for a new perfume, but the Authority felt it would harm the local environment. Before officially rejecting the application under Section 19, the Authority invites the company's director to a meeting to present more evidence.
FAQ
1. What happens after I submit an application under Section 19 of the Biological Diversity Act?
Under Section 19, the Authority may make enquiries, consult an expert committee, and then either grant approval with conditions or reject the application.
2. Does the public have access to NBA decisions made under Section 19 of the Act?
Yes, Section 19(4) requires the National Biodiversity Authority to place the details of every approval or rejection in the public domain.
3. Can the Authority stop an activity if it is bad for the environment according to Section 19?
Yes, Section 19(3A) allows the Authority to prohibit or restrict an activity if it is detrimental to conservation, sustainable use, or fair benefit sharing.
Test yourself
1.According to Section 19 of the Biological Diversity Act, 2002, what must the Authority do before rejecting an application?
2.Who must apply to the National Biodiversity Authority under Section 19(1) for obtaining resources?
3.Under Section 19, what can the Authority do if they think an activity goes against the goals of biodiversity conservation?
4.If a person covered under Section 6(1A) applies for a patent, what is their requirement under Section 19(2A)?