Functions and powers of National Biodiversity Authority

Section 18 of the Biological Diversity Act, 2002 deals with functions and powers of National Biodiversity Authority. The National Biodiversity Authority shall, with the approval of the Central Government, make regulations to provide for access to biological resources and traditional knowledge associated thereto, and for determination of fair and equitable sharing of benefits. The Act came into force on 01 Oct 2003.

¹[(1) The National Biodiversity Authority shall, with the approval of the Central Government, make regulations to provide for access to biological resources and traditional knowledge associated thereto, and for determination of fair and equitable sharing of benefits.

(2) It shall be the duty of the National Biodiversity Authority to regulate any activity referred to in sections 3, 4 and 6 by granting or rejecting approvals.]

(3) The National Biodiversity Authority may--

(a) advise the Central Government on matters relating to the conservation of biodiversity, sustainable use of its components and ²[fair and equitable] sharing of benefits arising out of the utilisation of biological resources;

(b) advise the State Governments in the selection of areas of biodiversity importance to be notified under sub-section (1) of section 37 as ³[biodiversity heritage sites] and measures for the management of such heritage sites;

⁴[(ba) advise the State Biodiversity Boards on any matter relating to the implementation of the Act;]

(c) perform such other functions as may be necessary to carry out the provisions of this Act.

⁵[(4) The National Biodiversity Authority may, on behalf of the Central Government, take any measures necessary to oppose the grant of intellectual property rights in any country outside India on any biological resource which is found in or brought from India, including those deposited in repositories outside India, or traditional knowledge associated thereto accessed.]

Section 18, The Biological Diversity Act, 2002 (Act 18 of 2003).