By Karen Bong
KUCHING, May 20: The Sarawak Biodiversity Centre (Amendment) Bill, 2025 aims to unlock the vast economic potential of the State’s rich biological resources by introducing provisions to facilitate their commercialisation, particularly in the pharmaceutical, nutraceutical, cosmeceutical, and broader bioindustry sectors.
Tabling the Bill at the Sarawak Legislative Assembly (DUN) today, Minister for Education, Innovation and Talent Development Dato Sri Roland Sagah Wee Inn said the amendment was timely and necessary to strengthen Sarawak’s position in biodiversity governance while safeguarding State rights.
“This amendment is essential in enhancing commercialisation mechanisms through the Sarawak Biodiversity Centre (SBC), ensuring alignment with national laws and harmonisation with international protocols. It reinforces Sarawak’s leadership in biodiversity governance,” he said.
The revised Ordinance will empower Sarawak to leverage its biological assets for scientific advancement and economic growth through commercial ventures, Sagah added.
Among the salient features of the Amendment Bill is the introduction of updated definitions.
Notably, the term “microorganism” will be expanded to include viruses, viroids, and sterile organisms. The definition of “Minister” will be revised to reflect the current minister responsible for the Sarawak Biodiversity Centre (SBC), while the term “native” will be defined in accordance with the Interpretation Ordinance, 2005 [Cap. 61].
The Bill also seeks to expand the functions of the SBC by aligning them with the powers of the Council. A new provision will empower the Centre to provide facilities for commercial activities and any other related purposes, ensuring its functions are harmonised with the Council’s mandate.
To strengthen the governance framework, Section 6 of the Ordinance will be amended to enhance the powers of the Council. These enhancements include the authority to apply for external funding, own and commercialise intellectual property rights, and license such rights for both commercial and non-commercial purposes. Additionally, the Council will be empowered to develop or provide facilities for research and development in scientific, commercial, or other relevant fields.
In a significant move to drive commercialisation, a new Section 6A will be introduced, allowing the Council to incorporate companies and establish subsidiaries specifically for the purpose of commercialising research outcomes generated by SBC.
Furthermore, the Bill proposes an expansion of the Biodiversity Centre Fund to include monetary benefits obtained through benefit-sharing agreements, thereby providing a financial mechanism to support long-term sustainability and equitable resource management.
The Amendment Bill also introduces tougher penalties for offences under the Ordinance. For instance, Section 22, which addresses the illegal collection or removal of protected biological resources without a permit, will be amended to impose stiffer penalties. Individual offenders could face fines ranging from RM50,000 to RM500,000, imprisonment of between two and ten years, or both. In the case of corporate bodies, the fines will range from RM1 million to RM5 million.
Enforcement provisions under the Ordinance will be enhanced to grant broader powers of seizure and arrest. The Chief Executive Officer of SBC will be authorised to dispose of or temporarily release any items seized under the Ordinance, and to release individuals arrested under the Ordinance or its regulations on a personal bond.
A new Section 33A will introduce financial penalties for non-compliance. Under this provision, the Council may impose penalties of up to RM20 million for any breach or failure to comply with the Ordinance. Repeat offences will attract penalties up to ten times higher. Any unpaid financial penalty may be recovered as a civil debt, with the courts authorised to impose additional penalties of up to double the unpaid amount along with recovery costs. All financial penalties collected will be deposited into the State Consolidated Fund.
This is the most comprehensive update to the Sarawak Biodiversity Centre Ordinance since its last amendments in 2004 and 2014. A review conducted in 2022 identified critical areas requiring enhancement to support commercialisation, protect intellectual property, and ensure alignment with national biodiversity laws.
“This Bill is a vital step toward positioning Sarawak as a global player in sustainable biodiversity utilisation, ensuring our natural resources contribute meaningfully to economic and scientific advancement,” Sagah added. — DayakDaily
