( C) entered into a materials transfer agreement in accordance with regulation 14; and (d) obtained an access pennit from the competent authority in accordance with regulation 19. Protection of special categories of species. Application for prior infonned consent and accessory agreement (6) The applicant shaH, after obtaining a prior informed consent and entering into an accessory agreement enter into a materials transfer agreement in accordance with regulation 14. 11. The competent authority and the lead agency shall not (7) Any person who accesses or exports genetic approve an application for access to genetic resources of any species listed as protected or threatened, unless written approval is obtained from the CITES Management Authority. resources without obtaining a prior informed consent or entering into an accessory agreement, commits an offence. 12. (1) A person intending to access or collect genetic resources shall, apply to the lead agency, local community or owner for a prior informed consent in the form set out in the First Schedule, and on payment by the applicant of the fee prescribed in the Sixth Schedule. (2) Subject to subregulation (3), the lead agency, local community or owner may, after considering an application submitted under subregulation (l), grant a prior informed consent in the form set out in the Second Schedule on payment by the applicant of the fee prescribed in the Sixth Schedule. (3) A lead agency, local community or owner shall, before granting a prior informed consent, enter into an accessory agreement with the applicant, in the form set out in the Third Schedule. (4) An accessory agreement shaH contain such terms and conditions as may be agreed upon by the parties. (5) For the avoidance of doubt, a prior informed consent and an accessory agreement issued or made under this regulation do not entitle any person to access the genetic resources but are only to enable the applicant to proceed with the application for an access pennit. 390 13. Where a person intends to access genetic resources onl Parties to land which is occupied, used or managed by a local ~:m.d community, the prior informed consent and the accessory a=sory consent an' agreement shall be concluded between the applicant on the· agreement one part, and the relevant lead agency and the lowest unit of :nununal the local government or authorised agent of the local land government representing the local community, on the other part. PART IV-MATERIALS TRANSFER AGREEMENT AND BENEFIT SHARING. 14. (1) A coHector shall not access or export genetic resources without entering into a materials transfer agreement with the lead agency. (2) A materials transfer agreement shaH be valid for the period specified in it and shall be issued on payment by the collector of the fee prescribed in the Sixth Schedule. (3) For the avoidance of doubt, a materials transfer agreement shall not be entered into before the collector obtains a prior informed consent and an accessory agreement. (4) Any person who accesses or exports or deals in genetic resources without a materials transfer agreement commits an offence. 391 Materials ttansfer agreemen'

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents