CONFIDENTIAL DRAFT – 05 May 2005
DRAFT/ACCESS AND BENEFIT-SHARING AGREEMENT
BETWEEN
THE SOUTH AFRICAN NATIONAL BIODIVERSITY INSTITUTE,
SOUTH AFRICA
AND
THE BOARD OF TRUSTEES OF
THE ROYAL BOTANIC GARDENS, KEW, UNITED KINGDOM
An AGREEMENT made the ………… day of ………...…… 2005 between the South African
National Biodiversity Institute, Pretoria, South Africa (“SANBI”) and the Board of Trustees
of the Royal Botanic Gardens, Kew, Richmond, Surrey, TW9 3AE, United Kingdom (“RBG
Kew”).
PREAMBLE
WHEREAS:
The Parties to this Agreement recognise the sovereign rights of States over their own
biological resources and are committed to implementing the letter and the spirit of the 1973
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES),
the 1992 Convention on Biological Diversity (CBD) and national laws and regulations
concerning biodiversity, including access to and the transfer of plant genetic resources, such
as the National Environmental Management: Biodiversity Act No. 10 of 2004;
SANBI is a corporate body constituted under Chapter 2 of the National Environmental
Management: Biodiversity Act (2004), whose functions are, inter alia, to co-ordinate and
promote the taxonomy of South Africa’s biodiversity; to manage and control and maintain all
national botanical gardens; to establish, maintain, protect and preserve collections of plants in
national botanical gardens and herbaria; to collect, generate, process, co-ordinate and
disseminate information about biodiversity and the sustainable use of indigenous biological
resources, and establish and maintain databases in this regard; to undertake and promote
research on indigenous biodiversity and the sustainable use of indigenous biological
resources; and to coordinate and implement programmes for the rehabilitation of ecosystems;
SANBI is the appropriate South African government authority to enter into a contractual
agreement with RBG Kew, pursuant to which access will be granted to seed and associated
herbarium specimens collected within the Republic of South Africa;
RBG Kew is a botanical garden incorporated in the United Kingdom by the 1983 National
Heritage Act, and an exempt charity, whose mission is to ensure better management of the
Earth's environment by increasing knowledge and understanding of the plant and fungal
kingdoms - the basis of life on earth. RBG Kew is supported by the United Kingdom
Department of Environment, Food, and Rural Affairs (“DEFRA”) (formerly known as
“MAFF”) which is ultimately responsible to Parliament for RBG Kew’s key aims and
activities;
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CONFIDENTIAL DRAFT – 05 May 2005
In pursuit of its not-for-profit mission, RBG Kew works together with international partners
to:
 Collect and curate plant material, including seeds and herbarium specimens;
 Carry out scientific research projects to better evaluate and conserve plant
biodiversity: for example, taxonomic verification of herbarium plant material, and
seed studies to determine the viability of seeds and to enable their long-term
conservation; and
 Exchange plant material with other research institutes for further scientific study
world-wide;
AND NOTING THAT
Since 24th May 2000, RBG Kew and the National Botanical Institute (“NBI”) have worked
together in accordance with a five year Interim Material Access and Benefit-Sharing
Agreement on the first phase of a long-term collaborative project with the purpose of
enhancing ex situ conservation of plant biodiversity indigenous to South Africa by, inter alia:
 The establishment of a verified and well-documented seed collection of plant species
indigenous to South Africa; and
 The establishment of mutually beneficial conservation training, research and
educational programmes.
AND
WHEREAS the five year Interim Material Access and Benefit-Sharing Agreement between
RBG Kew and NBI dated 24th May 2000 has expired;
AND
WHEREAS SANBI and RBG Kew have developed a second phase to the above-mentioned
collaborative project and are committed to implementing this second phase, in collaboration
with appropriate local associates, and in accordance with relevant laws and regulations
concerning plant genetic resources;
AND
WHEREAS SANBI and RBG Kew are in agreement that the benefits arising out of their
collaboration will be shared fairly and equitably, thereby creating incentives and providing
resources for the conservation of the biological diversity of South Africa;
NOW THEREFORE SANBI AND RBG KEW HAVE AGREED AS FOLLOWS:
DEFINITIONS
1.
In this Agreement the expressions set out below shall mean
as follows:
1.1
“Agreement” shall mean and include this Access and
Benefit-Sharing Agreement together with Annex 1 and
Annex 2, as attached to this Agreement;
1.2
"Commercialise" and "Commercialisation" shall mean sale,
distribution or use for profit; filing a patent application;
obtaining, or transferring intellectual property rights or
other tangible or intangible rights by sale or licence, or in
any other manner; commencement of product development;
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CONFIDENTIAL DRAFT – 05 May 2005
conducting market research and seeking pre-market
approval; and/or the sale of any resulting product;
1.3
“Genetic Resources” shall mean any biological material of
plant, animal, microbial, fungal or other origin of actual or
potential value containing functional units of heredity
transferred to RBG Kew under this agreement and its
progeny and derivatives, including extracts and compounds
obtained from genetic resources and analogues of those
compounds;
1.4
“Herbarium Studies” shall mean the comparative
observation, characterisation and analysis of plant material
to better understand its identification and classification;
1.5
“Information” shall mean any maps, drawings, photographs,
plans, manuscripts, records, reports, recommendations,
documents and any other data arising out of or received by
the partners in connection with the project;
1.6
“Kew Herbarium” shall mean the Herbarium maintained by
RBG Kew at Richmond, Surrey, TW9 3AE, United
Kingdom, where the duplicate herbarium specimens shall
be accessioned for scientific research, education and longterm conservation;
1.7
“Kew Seed Bank” shall mean the Seed Bank maintained by
RBG Kew at Wakehurst Place, Ardingly, West Sussex,
United Kingdom, where the duplicate seeds shall be stored
for scientific research, education and long-term
conservation;
1.8
“Material” shall mean the duplicate seeds and herbarium
material transferred to RBG Kew under this agreement,
including the genetic resources contained therein, and any
other genetic resources inadvertently transferred to RBG
Kew under this agreement;
1.9
“Notification of transfer” shall mean the documentation
recording the plant material transferred to RBG Kew under
this agreement, a pro forma copy of which is attached to the
agreement at Annex 2;
1.10
“Partners” shall mean SANBI and RBG Kew;
1.11
“Project’’ shall mean the long-term collaboration between
SANBI and RBG Kew, working in collaboration with
appropriate local associates, as described at Annex 1 to this
Agreement;
1.12
“SANBI Herbarium” shall mean the Herbarium maintained
by SANBI at 2 Cussonia Avenue, Brummeria, Pretoria,
South Africa;
1.13
“Seed Studies” shall mean tests required to better
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CONFIDENTIAL DRAFT – 05 May 2005
understand seed storage requirements including post harvest
seed handling, germination tests, moisture relation tests,
seed dormancy tests and diagnostic characterisation;
1.14
"Third Party" shall mean any person or institute other than
SANBI and RBG Kew.
OBJECTIVE
2.
The objective of this Agreement is the transfer by SANBI to
RBG Kew of Material collected during the Project for
scientific research, education and long-term conservation.
PRIOR INFORMED
CONSENT
3.
In consideration of the undertakings given by RBG Kew in
this Agreement as set out in Clauses 8, 9, 10, 11 and 12,
SANBI hereby gives its prior informed consent to the
Project, as described in Annex 1 to the Agreement.
ACTIVITIES
4.1
Subject to the terms and conditions set out in this
Agreement, the Partners will work together to collect, study
and conserve the flora of South Africa as is more fully set
out in the Project synopsis at Annex 1 to the Agreement.
For example, Project activities will include, but will not be
limited to:
a.
The conducting of joint plant collecting expeditions in
South Africa in accordance with all applicable access laws
and regulations, permits, prior informed consents and/or
licenses, and in an ecologically sustainable manner;
The storage of collected plant material at a suitable seed
storage facility in South Africa and at the SANBI
Herbarium with duplicate Material transferred to the United
Kingdom for accession into the collections at the Kew
Herbarium and storage at the Kew Seed Bank;
The conducting of Herbarium Studies and Seed Studies
upon the Material to determine its viability and to enable
long-term conservation of the Material;
Subject to Clause 12 below:
i. The generation and mutual sharing of Information
arising from the Project, including the exchange of research
reports from the above-mentioned Seed and Herbarium
Studies and the sharing of Information related to targeting
of species; and
ii. The dissemination of appropriate Information to aid the
conservation of the biological diversity of South Africa by
written or electronic media, including the development of
targeted reference guides.
b.
c.
d.
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CONFIDENTIAL DRAFT – 05 May 2005
ACCESS
NOTIFICATION OF
TRANSFER
OWNERSHIP
BENEFIT-SHARING
4.2
The technical detail of the Project activities, including the
identification of priority species, will be developed by the
Partners on an annual basis and in accordance with
available funds.
5
SANBI shall secure the prior informed consents,
permissions, permits and/or licences from any relevant
Government authorities and other stakeholder(s), such as
local or indigenous communities, to enable the Partners to:
a.
b.
c.
d.
Enter the land where the Material is located;
Access the Material;
Export the duplicate Material to the United Kingdom; and
Conduct the aforesaid Project activities in South Africa and
in the United Kingdom.
6.1
All Material collected by, or sent to, RBG Kew will be
listed in a Notification of Transfer, a pro forma copy of
which is at Annex 2. All Material listed in a Notification of
Transfer will be transferred pursuant to the terms of this
Agreement.
6.2
The signature of the Director of SANBI or of his/her
authorised representative on a Notification of Transfer will
confirm that the Material has been collected and is being
transferred into the collections at RBG Kew in accordance
with all applicable laws and regulations, permits, prior
informed consents and/or licenses.
7.1
Subject to the rights granted by this Agreement to RBG
Kew to conduct research upon and conserve the Material
and enjoy a fair and equitable share of the benefits arising
from such activities, the Government of the Republic of
South Africa shall retain ownership of and title to the
duplicate seed material, including the Genetic Resources
contained therein, transferred to RBG Kew under this
Agreement.
7.2
All associated herbarium specimens transferred to RBG
Kew under this Agreement shall be donated to RBG Kew
and shall be curated and used in accordance with the letter
and the spirit of non-commercialisation set out in Clause 9
below.
8.1
SANBI and RBG Kew shall share fairly and equitably any
benefits that arise from the collection, study and
conservation of the Genetic Resources.
8.2
In particular, SANBI and RBG Kew agree to work together
with local associates to support and strengthen institutional
development through the mutual provision of technical and
academic training and the transfer of technology, as is more
fully detailed in Annex 1.
8.3
For the avoidance of doubt, any unforeseen benefits that
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CONFIDENTIAL DRAFT – 05 May 2005
arise will be shared fairly and equitably by the parties, on
mutually agreed terms.
NON
COMMERCIALISATION
9.1
RBG Kew shall not Commercialise any Genetic Resources
transferred under this Agreement.
9.2
Without prejudice to the above, any Commercialisation to
which SANBI and RBG Kew may agree will be subject to a
separate written agreement, and will be:
a.
In accordance with all applicable South African laws and
regulations in force at that time;
Respect the need to acquire new prior informed consents,
permissions, permits and/or licences to reflect the proposed
change of use of the Material; and will be
In accordance with Clause 8.1 above; namely, benefits from
the Commercialisation will be shared fairly and equitably.
b.
c.
TRANSFER TO THIRD
PARTIES
REPATRIATION
9.3
Furthermore, unless the parties otherwise agree, RBG Kew
shall not file or obtain whether in the United Kingdom,
South Africa or elsewhere any intellectual property rights
(including patents) over any Material or part thereof
transferred from time to time under this Agreement
including any properties, derivatives or processes that
utilise the collective knowledge of local communities
regarding any product or process, even if the process has
been modified to a more sophisticated level of
Commercialisation for extracting, isolating or synthesising
the chemical extracted from the Material.
10.1
Subject to clause 10.2, RBG Kew may supply the duplicate
seed to a Third Party provided that the Third Party signs a
material supply agreement with RBG Kew, prohibiting,
inter alia, any Commercialisation of the seed material
supplied to that Third Party.
10.2
The duplicate seed may only be supplied by RBG Kew to a
Third Party with the prior written consent of SANBI, such
consent not to be unreasonably withheld.
10.3
RBG Kew may loan or supply samples from the duplicate
herbarium specimens to a Third Party provided that the
Third Party signs a material supply agreement with RBG
Kew, prohibiting, inter alia, any Commercialisation of the
herbarium material supplied to that Third Party
11.1
Should a reasonable need arise for food security,
environmental security, national security or for other
reasons, as mutually agreed by the parties, the Government
of the Republic of South Africa may request the return of
such of the duplicate seed required by the circumstances,
and RBG Kew will confirm to SANBI that it has returned
such seed material to such institution as communicated for
this purpose by the Government of the Republic of South
Africa in accordance with Clause 18 below.
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CONFIDENTIAL DRAFT – 05 May 2005
CONFIDENTIALITY
11.2
SANBI shall use its best efforts to return to RBG Kew,
within a reasonable time, the proportion of the seed material
so made available by RBG Kew.
11.3
Subject to Clause 11.1 above and notwithstanding the
expiration or termination of this Agreement, RBG Kew
shall continue to store the Material in accordance with
standard seed banking and herbarium regulations and
practice.
12.1
Subject to Clauses 12.2 and 12.3, the Partners hereby
undertake to treat as confidential any Information received
under this Agreement which the party creating or providing
it declares in writing to be confidential (hereinafter referred
to as “Confidential Information”) and hereby undertake not
to intentionally allow the use of such Confidential
Information other than for the purpose of the abovementioned Project activities, without the prior written
consent of the other party.
12.2
The Partners have no obligation to refrain from disclosing
or using Information which:
is generally known or available to the public at the time of
disclosure to the other party;
becomes part of the public domain or publicly known or
available to the public or otherwise, not due to any
unauthorised act or omission by the party;
has been independently developed by the party; and/or
is required by law to be disclosed.
a.
b.
c.
d
MONITORING AND
EVALUATION
DURATION
12.3
The Partners shall be permitted to disclose the Confidential
Information to those of their Directors, employees and
professional advisors to whom such disclosure is necessary
for the performance of their duties provided that each
person to whom the Partners discloses Confidential
Information is fully aware in advance of the terms of this
undertaking and the obligation of confidentiality.
13.1
SANBI and RBG Kew will meet annually to share
information, monitor implementation of current Project
activities, plan future activities, and prepare an annual
written report on Project activities.
13.2
At the end of years three and five, an evaluation of the
Project shall be carried out by a mutually agreed
independent consultant.
14.1
This Agreement shall come into effect on the date of the
last signature. It shall be valid for a term of five (5) years
after such date.
14.2
It can be renewed and extended for further fixed periods
thereafter through mutual agreement expressed in writing
signed on behalf of SANBI and RBG Kew.
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CONFIDENTIAL DRAFT – 05 May 2005
TERMINATION
FORCE MAJEURE
DISPUTE SETTLEMENT
14.3
It can be amended through mutual agreement expressed in
writing signed on behalf of SANBI and RBG Kew.
15.1
Notwithstanding Clause 14.1 above, either party to this
Agreement may give six (6) months written notice to the
other party to terminate this Agreement.
15.2
The obligations and rights contained in Clauses 4.1b, 4.1c,
4.1d, 7, 8.1, 9, 10, 11, 12, 17, 18, 20 and 21 inclusive shall
survive the expiration or other termination of this
Agreement, unless mutually agreed to the contrary.
16.1
Neither party shall be liable to the other party for any delay
or non-performance of its obligations under this Agreement
arising from any cause beyond its reasonable control,
including, but not limited to, any of the following: Act of
God, governmental act, war, fire, flood, explosion, civil
commotion or industrial dispute.
16.2
The affected party must promptly notify the other party in
writing of the cause and the likely duration of the cause.
Such notice having been given, the performance of the
affected party’s obligations, to the extent affected by the
cause, shall be suspended during the period the cause
persists.
16.3
Without prejudice to the above, the affected party must take
all reasonable measures to minimise the impact of any force
majeure on the performance of its obligations under the
Agreement and to ensure, as soon as possible, the
resumption of normal performance of the obligations
affected by the force majeure.
17.1
Any dispute arising out of or in connection with this
Agreement, including any question regarding its existence,
validity or termination (a "Dispute"), shall, to the extent
possible, be resolved by good faith negotiation. For the
purposes of this clause, “good faith” means in accordance
with standards of honesty, sincerity or lawfulness of
purpose, and applies to both the substance of, and the
machinery of, any such negotiations.
17.2
In the event that the Dispute remains unresolved for more
than three (3) months from the date when the Dispute is
first notified in writing by either party to the other party, the
Dispute shall be submitted, before any other means of
recourse, to a conciliation procedure with a conciliator
agreed between and appointed by the parties or, in default
of agreement within fifteen (15) days of either party
receiving written notice of a request for conciliation, to be
nominated by the Secretary General at the time of the
International Court of Justice (The Hague). The language to
be used in the conciliation shall be English. The conciliation
shall take place at a venue to be agreed by the parties or
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CONFIDENTIAL DRAFT – 05 May 2005
failing agreement in the Hague.
NOTICE
17.3
All Disputes arising out of or in connection with this
Agreement which are not previously resolved by
conciliation after three (3) months from the appointment of
the conciliator shall be referred to and finally settled by an
arbitrator to be agreed between the parties or, in default of
agreement within fifteen (15) days of either party receiving
a written request for arbitration, to be nominated in
accordance with the International Chamber of Commerce
Rules of Arbitration (Paris) in force at the date of the
referral of the Dispute to arbitration. Unless the parties to
the dispute otherwise agree, the applicable law of the
agreement shall be English law and the arbitrator shall
determine its own rules of procedure. The language to be
used in the arbitration shall be English. The arbitration shall
take place at a venue to be agreed by the parties or failing
agreement in Paris.
18.1
Any notice or other document to be served under this
Agreement must be delivered by hand, or sent by registered
mail, or by international courier service to be served at the
address below.
SANBI:
2 Cussonia Ave, Brummeria, Pretoria, SOUTH AFRICA.
RBG Kew:
Head of Corporate Services, Royal Botanic Gardens, Kew,
Richmond, Surrey TW9 3AB, UNITED KINGDOM
18.2
All notices or documents shall be deemed to have been
served at the date and time of delivery of the said notices or
documents to the recipient party.
ENTIRE AGREEMENT
19
The provisions of this Agreement, together with Annexes 1
and 2, constitute the entire Agreement between the parties
relating to the subject matter, and the parties do not make
any representations or warranties except those contained in
this Agreement and Annexes 1 and 2.
NO ASSIGNMENT
20
This Agreement is specific to the parties and none of the
rights or the obligations under this Agreement may be
assigned or transferred without the prior written consent of
the other party.
NO PARTNERSHIP IN
LAW
21
Nothing contained in this Agreement shall constitute a
partnership in law between SANBI and RBG Kew, or
constitute either of them the agent of the other.
NON-EXCLUSIVITY
22
This Agreement in no way restricts SANBI and the Partners
from involvement in similar activities with other public
and/or private organisations and individuals.
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CONFIDENTIAL DRAFT – 05 May 2005
AS WITNESSED IN TWO IDENTICAL COPIES IN THE ENGLISH LANGUAGE,
BOTH COPIES BEING EQUALLY AUTHENTIC, BY THE DULY AUTHORISED
REPRESENTATIVES OF THE PARTIES HERETO
SIGNED BY:
SIGNED BY:
For and On Behalf of the South African
National Biodiversity Institute
For and on behalf of the Board of Trustees of
the Royal Botanic Gardens, Kew, United
Kingdom
Name:
Position:
Prof. Sir Peter Crane
Director, RBG Kew
Date:
Date:
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CONFIDENTIAL DRAFT – 05 May 2005
ANNEX 1
PROJECT SYNOPSIS
PHASE 2 OF THE MILLENNIUM SEED BANK PROJECT SOUTH AFRICA
PROGRAMME: DEVELOPING AND IMPLEMENTING AN INTEGRATED
APPROACH TO EX SITU CONSERVATION IN SOUTH AFRICA
Introduction
The rationale for ex situ conservation of rare and threatened plant species is well established
(Heywood, 1995; Smith et al., 1998). Its role is increasingly perceived as being
complementary to in situ conservation (Pavlik, 1997) by providing conservation options for
species not protected in situ, and contingency plans for species with some degree of
protection in situ, but threatened nevertheless (e.g. from climate change, fire etc.). The threats
to plant species and habitats in South Africa are well documented (e.g. Rebelo, 1992; Maze &
Rebelo, 1999), and ex situ conservation techniques are increasingly being applied in South
Africa (e.g. Holmes & Richardson, 1999; Milton et al., 1999).
The Millennium Seed Bank Project (MSBP) International Programme is a ten year, global, ex
situ conservation programme (2000-2010), conceived, developed and managed by the Seed
Conservation Department at the Royal Botanic Gardens, Kew. The two principal aims of the
Programme are to:
 Collect and conserve 10% of the world’s seed-bearing flora (some 24,000 species),
principally from the drylands, by the year 2010.
 Develop bilateral research, training and capacity-building relationships worldwide in
order to support and to advance the seed conservation effort.
An integral element of the collecting programme is the development of collaborations with
partner institutions all around the world. These partnerships have as their basis the precepts of
the Convention on Biological Diversity, in which resources and responsibility are shared
equitably by all parties through technology transfer, benefit sharing and capacity building.
The scientific aims of the MSBP are consistent with, and will contribute significantly towards
meeting the objectives of the Global Plant Conservation Strategy.
In 2000 the Millennium Seed Bank Project signed an agreement with the National Botanical
Institute of South Africa. The basis of the agreement was a five year collaboration (with the
option to extend for a further five years) with the broad aim of conserving, ex situ, rare and
threatened species from South Africa’s flora.
The first five years (Phase 1) of the MSB-SANBI collaboration in South Africa have been
very successful. Erich Van Wyk and his colleagues at SANBI Pretoria and SANBI
Kirstenbosch have established a substantial and effective collecting programme, and have
succeeded in targeting and collecting a high percentage of rare and threatened species (Phase
1 Report, 2005). During Phase 1 a total of 1498 collections have been made of 1150 species.
More than 80% of the collections are of target species (rare, utilitarian or threatened).
Up until now, the MSB-SANBI collaboration has concentrated on seed collection and long
term storage, but as the project has gained momentum, both SANBI and the MSBP have been
looking at ways of developing the programme into a second phase comprising a fully
integrated ex situ conservation strategy. This strategy aims to produce a ‘joined up’ approach
to ex situ conservation, encompassing seed collection and storage, propagation, distribution,
research and, where appropriate, reintroduction. It is further hoped that this strategy will help
meet some of the objectives of SANBI identified in the Southern African Botanical Gardens
Needs Assessment (Botha, Willis & Winter, 2000).
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CONFIDENTIAL DRAFT – 05 May 2005
At SANBI Pretoria, under the co-ordination of Erich Van Wyk, methodologies have been
developed to identify, find and collect seed from rare and threatened species. In addition, once
they are located in the field, detailed population data is being collected with seed in order to
assess and monitor the threats to these populations. For certain, critically endangered species
seed testing is being fast tracked at the Millennium Seed Bank so that information on seed
numbers, quality and germination can be rapidly repatriated to South Africa. In addition, for
these critical species, seed numbers are being bulked up, so that plants or seeds can be
repatriated to South Africa for safe keeping in ex situ living collections and, if appropriate, for
reintroduction.
In order to apply these methods to the many threatened species in South Africa, it has been
recognised by RBG Kew and SANBI that the Project needs to develop links and working
relationships with other conservation practitioners. This approach has already been pioneered
with some of the provincial nature conservation authorities in Phase 1 (e.g. Mpumalanga,
Gauteng and Western Cape). However, in Phase 2 (2005-2010) it is proposed that this kind of
collaboration should be significantly expanded. This will ultimately result in a network of in
situ and ex situ conservation projects to which the MSBP will provide services. These
services will include practical help in areas such as botanical survey, seed collecting,
processing and germination. It will also include training in these methodologies. In return, the
MSBP will receive data and seed collections. All such collaborations will be formalised in
Memoranda of Understanding, which set out exactly what is expected of each partner.
During Phase 1 of the Project it was recognised that the MSBP would need to develop a
research programme in order to address some of the unanswered questions relevant to the
conservation of rare and threatened species in South Africa. The research component of the
MSBP in South Africa has centred around a collaboration with the University of KwaZuluNatal in which the MSBP has supported South African Masters and PhD students looking at
the long term ex situ conservation of medicinal plants from the family Amaryllidaceae. The
results of these studies are promising, and this line of research will continue into Phase 2.
The strategy
The integrated ex situ conservation strategy comprises a succession of activities from seed
collection all the way through, in appropriate cases, to reintroduction to the wild. A logical
framework detailing goal, purpose and outputs for this strategy is presented in Appendix 1.
The activities integral to the strategy can be summarised as follows:
Species prioritisation
This activity will be carried out by staff from SANBI Pretoria, SANBI Kirstenbosch and RBG
Kew, and by other partner projects who know these plants in the field. Under the proposed
strategy, priority species will be species which are inherently vulnerable due to their rarity,
and species which are threatened by external factors such as development, invasive aliens,
plant hunters, climate change etc. Seed behaviour (i.e. its response to drying and freezing)
will also be a factor for consideration. Data sources will include publications such as the Plant
Red Data List for South Africa, Flora of South Africa and reports, e.g. the Flora Conservation
Committee reports published by the Botanical Society of South Africa. Most importantly,
however, the programme will rely on the wealth of expertise that exists amongst botanists and
conservationists in South Africa. It is essential that the lead institutions engage with the
Nature Conservation authorities, conservation NGOs and land owners. This is already
happening to a great extent, and valuable contacts have been made in these spheres, but
further engagement and involvement must be sought from conservation workers in daily
contact with threatened plants.
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CONFIDENTIAL DRAFT – 05 May 2005
Once lists of priority species are compiled, SANBI and RBG Kew will work together to
produce targeted collection guides, which incorporate localities, phenology and
images/descriptions. These will be used by the MSBP collecting teams, and by other partners
in the project.
Collecting permits
The arranging of provincial seed collection permits will be managed by SANBI. Permission
from local landowners and stakeholders will be sought by the local institution. The South
African National Biodiversity Institute and the Royal Botanic Gardens, Kew are determined
to honour the letter and spirit of the Convention on Biological Diversity (CBD), the
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES),
and other international, regional, national and sub-national laws and policies concerning
biodiversity. They are wholly committed to the principles of Prior Informed Consent (PIC)
and mutually agreed terms, and recognise the sovereign rights of states over their own
biological resources and the authority of national governments to determine access to genetic
resources, subject to national legislation. They also acknowledge the interests of other
stakeholders, including indigenous and local communities and farmers, in biological
resources and associated information. In practice this means that before any seed is collected,
it is subject to PIC in the form of access agreements, permits from local authorities, and
permission from land owners. The strategy will aim to go further than this, however, by
seeking to engage permitting authorities in the whole process, from collection through to
reintroduction.
Seed and data collection
Seed and data collection will be carried out by the MSBP collecting teams, and by other
partners. Details of protocols for seed and data collection can be found in the MSBP’s
‘Manual
of
Seed
Collecting’,
which
is
on
the
web
at
http://www.rbgkew.org.uk/seedbank/msb.html. The collection of seed and data from rare or
threatened plant populations requires special care, and the recommended methodology is
outlined in Annex 5 of the above publication. Careful and comprehensive data collection is
especially important for rare or threatened species because of the relevance of the information
to conservation and management of these populations in situ. An essential component of the
strategy, therefore, will be making sure that the conservation authorities are provided with as
much site, population and specimen information as possible.
Seed processing
SANBI Kirstenbosch will carry out seed processing in the form of cleaning, prior to despatch
to the Millennium Seed Bank. During Phase 2 the MSBP will upgrade the seed processing
facilities at Kirstenbosch. The MSB will be responsible for the remaining processing
activities, which include counting, x-ray analysis and drying prior to storage. The MSB will
fast track the seed quality assessment (counting and x-ray analysis) for critically endangered
species, and the information will be passed back to SANBI and the relevant conservation
organisation as rapidly as possible.
Germination testing
The MSB will be responsible for routine seed germination testing, where sufficient seed is
collected. All seed collected for the project is subject to germination testing under a variety of
temperature and humidity regimes, on a range of different media. Optimal conditions for
germination are recorded and applied when seeds are subsequently tested for viability. Again,
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CONFIDENTIAL DRAFT – 05 May 2005
for critically endangered species, germination trials will be fast tracked and the information
passed back to South Africa as quickly as possible.
Seed storage
All long term seed storage of South African species collected under this project currently
takes place at the Millennium Seed Bank, where the seeds are held in trust for the South
African Government. All seed collections are split 50/50 with a view to repatriating half the
seed back to South Africa for long term storage there. SANBI has approached the South
African National Gene Bank at Roodeplaat to ask if the would consider hosting South
Africa’s National Wild Seed Collection, but at this time Roodeplaat appear to be reluctant to
make a commitment to become involved in the project. In a further development, the recent
(2004) external review of SANBI has recommended that SANBI should consider constructing
its own wild plant genebank to complement its DNA bank and living collections. The MSBP
has offered to provide expert advice on facilities and costs should SANBI decide to establish
a seed bank of its own. In the meantime, collections sent to the MSB will continue to be split
50/50 until a long term storage facility can be identified in South Africa. Short term storage
will take place at SANBI for certain species due to be propagated.
Propagation
Propagation of seeds to plants will take place at both the MSB and SANBI Kirstenbosch. At
the MSB, seed collections of very low number are routinely grown on to bulk up the number
of seeds. The same process is applied to collections for which there is no voucher specimen.
Propagation will also be carried out by SANBI Kirstenbosch for critically endangered species,
which are to be distributed to ex situ living collections (see below).
Population and species data provided to conservation authorities
MSBP seed collectors routinely collect population data at the same time that they collect
seeds. In the case of particularly rare or threatened species this information, as well as data
from the literature, and germination and propagation protocols will be compiled into a
Threatened Species Dossier. TSDs include recommendations for the in situ and ex situ
conservation of a particular species, and will be passed on to the local conservation authorities
to help them manage the plant populations under their jurisdiction.
Reintroduction and management in the wild
It is envisaged that in most cases the MSBP South Africa will provide support to conservation
projects carrying out species reintroductions, species translocations or restoration
programmes. Because of the technical difficulties, expense and time involved, it is essential
that this is a fully inclusive activity involving expertise and co-operation from all parties,
from the MSBP institutions, conservation authorities and local stakeholders. In addition, the
MSBP has a wide network of contacts in reintroduction and restoration ecology throughout
the world. It is anticipated that a significant component of this activity will involve
technology transfer in fields such as genetic provenance testing, translocation, propagation,
seedling establishment and management of genotypic, population and species diversity.
It is essential that plant reintroduction technology is developed further in South Africa,
particularly in the Cape Floristic Region, where so many species are under threat in the wild.
If success can be demonstrated for a few ‘flagship’ species, it will be easier to sell the concept
of species reintroductions to the conservation authorities and to conservation NGOs. Given
time, it is hoped that this will become a fully accepted tool in the plant conservationist’s
armoury in South Africa.
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CONFIDENTIAL DRAFT – 05 May 2005
Applied Research
The nature of the supporting research depends on the perceived problems impacting on the
conservation effort. Problems may include:
 Genetic bottlenecks. RBG Kew has well established expertise in genetic provenance
testing, and is able to routinely test populations for their genetic diversity, then apply that
knowledge in designing species breeding and/or reintroduction programmes.
 Dessication intolerance. Species with desiccation sensitive seeds are not a common
feature of Mediterranean-type habitats, but might be encountered at low frequency,
particularly in fleshy-fruited shrubs. Non-conventional storage methods (i.e.
cryopreservation) may need to be developed, and these could be applied to both the seed
and other tissues. Recovery methods would include in vitro techniques, supporting wider
interests in micropropagation.
 Dormancy problems. Non-domesticated species are prone to produce seeds with various
types of dormancy, thereby offering the best chance of establishment under optimum
environmental conditions. Overcoming dormancy can be a complex procedure and
previous work has focussed on using natural treatments, such as smoke / smoke extracts
to improve the level of germination. Alternatively, consideration could be given to
enhancing both germination level and unformity, for example by combining chemical
pretreatment with priming (i.e. a short period of hydration), followed by drying back.
Such pretreatment may also result in maximal DNA repair during rehydration, perhaps
overcoming environmentally provoked injury for example from the effects of UV light
(climate change scenario).
Training and technology transfer
Formal training of South African nationals in ex situ conservation technology will take place
through Postgraduate research, as outlined above. In addition, formal training will be
implemented through contact by project personnel with conservation professionals in the
field, through regional vocational courses and through literature produced by the lead
institutions (see below). Training and support will be offered by the MSBP to conservation
practitioners in the following areas:
 Botanical survey and inventory. The MSBP SANBI seed collecting teams have
become very good at finding and assessing the status of rare and threatened plants.
We have an established methodology for this, which we are happy to use to support
partners or to pass on to partners to implement themselves. We are also able to offer
support in botanical inventory and vegetation survey, including remote sensing and
GIS technologies.
 Seed biology related problems. These will include seed collecting, processing and
storage techniques. It will also include research into germination problems related to
breaking dormancy, seed behaviour etc. (see above).
 Conservation genetics. Molecular profiling will be offered by RBG Kew and SANBI
in cases where genetic bottlenecks are suspected or in order to select appropriate
genotypes for introduction to an area.
 Horticultural skills. Most species reintroduction programmes fail through lack of
aftercare once a plant has been reintroduced into the wild. Both SANBI and RBG
Kew have vast horticultural skills and experience. Horticultural support will be
offered to project partners where appropriate.
An ex situ conservation strategy for South Africa’s rare and threatened plants
Based on the experience and network of contacts gained through this Project, the MSBP will
produce an ex situ conservation strategy for South Africa’s rare and threatened plants. This
will take the form of a publication, which will include the following elements:
 A review of the rationale behind ex situ conservation
 Ex situ conservation and the Convention on Biological Diversity
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CONFIDENTIAL DRAFT – 05 May 2005





A review of the state of knowledge of rare and threatened plants in South Africa
A review of ex situ plant conservation techniques
A review of ex situ collections of rare and threatened plants held in South Africa and
elsewhere.
A review of ex situ conservation projects and activities in South Africa
Recommendations for the future ex situ conservation of rare and threatened plants in
South Africa
The partnership
Under the proposed strategy, the activities constituting Phase 2 of the Millennium Seed Bank
Project in South Africa will be divided between various partners. Table 1, below, outlines
how these responsibilities might be shared.
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CONFIDENTIAL DRAFT – 05 May 2005
Table 1: Partner responsibilities for implementation of Phase 2 of the MSBP in South Africa
Institution
RBG Kew Millennium Seed Bank Project
Responsibilities and activities
 Budget holder
 Overall co-ordination
 For all collections: seed processing and
long term storage, routine germination
testing
 For selected species: propagation,
distribution of living plants (subject to
ABSA), applied research
 Research into orthodox seed biology,
including dormancy and germination
related problems.
 Training of conservation practitioners
 Compilation of the ex situ conservation
strategy report
 Co-ordination of programme in South
Africa
 Responsibility for formal links with
conservation
authorities,
including
arranging permits and feedback
 Responsibility
for
initiating
and
managing formal links with conservation
practitioners.
 For selected species: collection of seed
and detailed population data records,
feedback of data, seed or live plants to
conservation agencies
 Training of conservation practitioners
 Compilation of the ex situ conservation
strategy report
 Responsibility for formal links with
conservation
authorities,
including
arranging permits and feedback
 Responsibility
for
initiating
and
managing formal links with conservation
practitioners.
 Collection of seed and data
 For selected species: collection of seed
and detailed population data records,
propagation, distribution, reintroduction
 Cleaning of seed
 Despatch of seed to MSB and National
Genebank
 Training of conservation practitioners
 Compilation of the ex situ conservation
strategy report
 Long term storage of all collections?
 Research into long term ex situ
conservation of plants producing
recalcitrant seed.
Personnel: Paul Smith, Hugh Pritchard,
Christopher Wood, Matt Daws, Moctar
Sacande
SANBI, Pretoria
Personnel: Erich Van Wyk,
Wolfson, Livhuwani Nkuna,
Nevhutalu.
Maureen
Stephen
SANBI, Kirstenbosch
Personnel:
Carly
Cowell,
Anthony
Hitchcock, Lizel Roux, L. Nurrish
University of KwaZulu-Natal, Durban
Pat Berjak, Norman Pammenter, PhD and
MSc students
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CONFIDENTIAL DRAFT – 05 May 2005
References
Botha, D., Willis, C. & Winter, J. (2000).
Southern African Botanical Gardens Needs Assessment. Southern African Botanical
Diversity Network Report No.11. NBI, Pretoria.
Heywood, V.H. (Ed.) (1995).
Global Biodiversity Assessment. UNEP. Cambridge University Press, Cambridge, U.K.
Holmes, P.M. & Richardson, D.M. (1999)
Protocols for restoration based on recruitment dynamics, community structure, and ecosystem
function: perspectives from South African fynbos
Restoration Ecology 7(3)215-230.
Maze, K.E. & Rebelo, A.G. (1999)
Core flora conservation areas on the Cape Flats
Flora Conservation Committee Report 99/1. Botanical Society of South Africa.
Milton, S.J., Bond, W.J., Du Plessis, M.A., Gibbs, D., Hilton-Taylor, C. Linder, H.P., Raitt,
L., Wood, J. & Donaldson, J.S. (1999)
A protocol for plant conservation by translocation in threatened lowland Fynbos.
Conservation Biology 13(4) 735-743.
Pavlik, B.M. (1997)
Perspectives, tools, and institutions for conserving rare plants.
Southwestern Naturalist 42(4) 375-383.
Rebelo, A.G. (1992)
Red data book species in the Cape floristic region – threats, priorities and target species.
Trans Roy. Soc. S. Afr. 48(1) 55-86.
Smith, R.D., Linington, S.H. & Wechsberg, G.E. (1998)
The Millennium Seed Bank, the Convention on Biological Diversity and the dry tropics.
In H.D.V. Prendergast, N.L. Etkin, D.R. Harris and P.J. Houghton (Editors), Plants for food
and medicine, pp. 251-261, Royal Botanic Gardens, Kew.
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CONFIDENTIAL DRAFT – 05 May 2005
Appendix 1. Logical framework for Phase 2 of the South African programme
Goal
Enhanced conservation of
rare, threatened and useful
plants in South Africa
Indicators
Threat to rare, threatened
and useful plant species
reduced
Means of verification
Downgrading of plant
species
on
South
African Red Data List
Purpose
Development
and
implementation of an
integrated
ex
situ
conservation
plan
in
South Africa
Indicators
At least 2500 rare,
threatened and useful
plants conserved ex situ
A
network
of
conservation practitioners
engaged in ex situ
conservation supported
Ex situ conservation
strategy for SA’s rare,
threatened and useful
plants published
Indicators
MSBP SANBI develops
working partnerships with
at least 10 conservation
organisations by April
2010
Means of verification
Botanical
garden
records,
published
information
Outputs
A country wide network
of plant conservation
practitioners
supported
through
training,
technology transfer and
seed storage
Long term ex situ
collections of seed of rare,
threatened and useful
plant species established
Germination
protocols
elucidated for all species
collected
Propagation
techniques
developed for endangered
species
Species
reintroductions
supported
through
provision of seed, training
and expertise
2500 seed collections
accessioned to National
Genebank
(?)
and
Millennium Seed Bank by
April 2010, of which
>80% are rare, threatened
or useful.
Germination
protocols
developed for >80% of
accessions by April 2011
Propagation
protocols
developed
for
50
endangered species by
April 2011
At least 6 species
reintroduction/restoration
programmes supported by
the MSBP by April 2010
Project reports
publications
and
Publication in hard
copy and CD ROM.
Means of verification
Memoranda
of
Understanding
developed with partners
Important assumptions
Partners
identify
seed
technology related problems
as a constraint
SANBI/MSB
and
partner project reports
National Genebank(?)
and Millennium Seed
Bank accession records
National
Genebank(?)
agrees to hold collections of
wild seed
RBG
Kew
Seed
Information Database
(SID)
In-house publications,
journals and scientific
literature
Sufficient seeds accessioned
to allow testing
Memoranda
of
Understanding
developed with partners
Appropriate sites within
former range of species with
sufficient level of protection
exist
SANBI/MSB
and
partner project reports
Threatened
Species
Dossiers
Population data on rare
and threatened species
provided to conservation
authorities
At least 50 Threatened
Species Dossiers sent to
conservation authorities
by April 2010
Research effort in fields
of ex situ conservation
advanced.
At least 5 SA students
supported
in
studies
towards higher degrees by
2010.
Papers published in the
scientific literature
At least 30 SA nationals
trained on vocational
courses by April 2010.
Seed
Technology
Courses held
Trained South African
nationals in ex situ
conservation technology
Important assumptions
Country maintains economic
and political stability, and
remains
committed
to
conservation
Important assumptions
In
country
resources
available to complement
those provided by the
MSBP
Publication of theses,
and degrees awarded
Certificates awarded to
trainees
19
Sufficient seeds accessioned
to allow testing
Conservation
authorities
have resources to manage
populations of threatened
species based on data
provided
Suitable research facilities
and personnel available
Appropriate
people
available and employment
opportunities exist within
South
Africa
after
graduation.
Seed technology related
problems recognised as a
constraint by partners, and
personnel made available
for training
CONFIDENTIAL DRAFT – 05 May 2005
ANNEX 2
PRO FORMA
NOTIFICATION OF TRANSFER
The following Material is transferred to the Board of Trustees of the Royal Botanic Gardens,
Kew, United Kingdom (“RBG Kew”) in accordance with the terms and conditions of the
Access and Benefit-Sharing Agreement between the South African National Biodiversity
Institute (“SANBI”) and RBG Kew, dated ………………………. 2005.
By signing this Notification of Transfer, SANBI hereby confirms that the Material has been
collected and is being transferred into the collections at RBG Kew in accordance with all
applicable laws and regulations, permits, prior informed consents and/or licenses.
DATE
COLLECTED
COLLECTION
No.
FAMILY
GENUS or SPECIES
SIGNED BY:
No. OF HERBARIUM
DUPLICATES
DATE:
For and on behalf of the South African National Biodiversity Institute, South Africa
Name:
Position:
SIGNED BY:
DATE:
For and on behalf of the Board of Trustees of the Royal Botanic Gardens, Kew, United
Kingdom
Name:
Position:
A copy of this document signed by SANBI will be forwarded to RBG Kew with each consignment of seed
and herbarium specimens. Upon receipt of the plant material, RGB Kew will countersign this copy and
return it to SANBI as acknowledgement of receipt by RBG Kew under the terms of the Access and BenefitSharing Agreement.
20