Section 18: The Functions and Powers of the Authority

In one line

Section 18 gives the Authority four things to do: make the access regulations, decide the applications, advise the Government, and fight foreign patents.

In exam wording: section 18 of the Biological Diversity Act 2002, as substituted in 2023, provides that 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; that it shall be the duty of the Authority to regulate any activity referred to in sections 3, 4 and 6 by granting or rejecting approvals; that it may advise the Central Government on conservation, sustainable use and benefit sharing, advise the State Governments in the selection of areas of biodiversity importance to be notified as biodiversity heritage sites under section 37 and on their management, advise the State Biodiversity Boards on any matter relating to implementation, and perform such other functions as may be necessary; and that it 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 found in or brought from India, including those deposited in repositories outside India, or on traditional knowledge associated thereto accessed.

The four functions

1. Make the regulations, section 18(1). With the approval of the Central Government, to provide for access and for the determination of fair and equitable benefit sharing. The Access and Benefit Sharing Regulations 2025 are made under this power read with section 64.

2. Decide the applications, section 18(2). It is a duty, not a discretion, to regulate any activity referred to in sections 3, 4 and 6 by granting or rejecting approvals. The Authority cannot simply decline to decide.

3. Advise, section 18(3). The Central Government on conservation, sustainable use and benefit sharing; the State Governments on the selection of biodiversity heritage sites under section 37(1) and on measures for their management; the State Biodiversity Boards on any matter relating to implementation, which was added in 2023; and any other function necessary to carry out the Act.

4. Oppose foreign patents, section 18(4). The provision that acts outside India.

Section 18(4) in detail, because it is the biopiracy answer

The 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 on traditional knowledge associated with it and accessed.

Four things to notice.

It is a power, not a duty. The word is "may". Section 18(2) says "shall"; section 18(4) does not.